HomeMy WebLinkAboutAgenda Packet City Council - 09/11/2007CITY COUNCIL AGENDA
SEPTEMBER 11, 2007
Corpus Christi
AII-America Gill
11:45 A.M. - Proclamation declaring September 8, 2007 as "International Literacy Day"
Proclamation declaring September 15, 2007 as "Dies y Seis de Septiembre Celebration Day"
Proclamation declaring September 15, 2007 as "South Texas Coalition of Clubs Day"
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
SEPTEMBER 11, 2007
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please .speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un intarprefe ingles- espanol en todas !as juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Dr. Sam Gutierrez, Cornerstone Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Mike Hummell
Council Members:
Melody Cooper City Manager George K. Noe
Larry Elizondo, Sr. City Attorney Mary Kay Fischer
Bill Kelly City Secretary Armando Chapa
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES:
1. Approval of Regular Meeting of August 28, 2007. (Attachment # 1)
Agenda
Regular Council Meeting
September 11, 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Corpus Christi Regional Economic Development
Corporation
* Museum of Science and History Advisory Committee
* Nueces County Community Action Agency
* Nueces County Tax Appraisal District
* Sister City Committee
* Small Business Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. if deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; ormaymodifythe action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been fumished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Agenda
Regular Council Meeting
September 11, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3. Motion approving a supply agreement for polyethylene pipe,
fittings, and risers from the following companies for the following
amounts in accordance with Bid Invitation No. BI- 0179 -07 based
on low bid for an estimated annual expenditure of $221,178.55.
The term of the contract will be for twelve months with an option
to extend for up to two additional twelve -month periods subject to
the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Gas Department in
FY 2007 -2008. (Attachment # 3)
Cooper Supply, Inc.
Corpus Christi, TX
Group No. 1
$121,080
Gajeske, Inc.
San Antonio, TX
Group Nos. 2, 3, 4 & 5
$100,098.55
Grand Total: $221,178.55
4. Motion approving a professional services agreement for
veterinary services with Thomas House, DVM, in the amount of
$106,140 of which $88,450 is required in FY 2007 -2008. The
term of the agreement will be for one year with an option to
extend for up to two additional twelve -month periods subject to
the approval of the supplier and the City Manager or his
designee. Funding is available in the Health Grants Fund for FY
2007 -2008. (Attachment # 4)
5. Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $18,000 to the Texas
Department of Public Safety, Governor's Division of Emergency
Management, Hazardous Materials Emergency Preparedness
Grant Program for public awareness brochures, school book
covers, production and broadcast of public service
announcements, and to conduct an emergency response
exercise, with a hard match of $3,600. (Attachment # 5)
6.a. Motion authorizing the City Manager or his designee to accept a
grant in the amount of $236,403 from the United States
Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2007 Edward Byrne Memorial Justice
Assistance Grant, 50% of the funds to be distributed to Nueces
County under an established interlocal agreement and to execute
all related documents. (Attachment # 6)
Agenda
Regular Council Meeting
September 11, 2007
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6.b. Ordinance appropriating $236,403 from the United States
Department of Justice, Bureau of Justice Assistance in the No.
1061 Police Grant Fund to purchase law enforcement equipment
for the Police Department and Nueces County. (Attachment # 6)
7.a. Resolution authorizing the City Manager or his designee to accept
a grant of $96,685 from the Texas Department of State Health
Services to provide tuberculosis prevention and control services
and to execute all related documents. (Attachment # 7)
7.b. Ordinance appropriating a grant of $96,685 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide tuberculosis prevention and control
services. (Attachment # 7)
8.a. Resolution authorizing the City Manager or his designee to
execute a Gift Agreement with the Corpus Christi Public Library
Foundation, Inc., in the amount of $55,000 for books and other
library materials for the new Southside Library. (Attachment # 8)
8.b. Ordinance appropriating $55,000 into the General Fund No.
1020, Organization No. 12800 for books and other library
materials for the new Southside Branch Library from the Corpus
Christi Public Library Foundation, Inc.; changing FY 2007 -2008
General Fund Budget adopted by Ordinance No. 027352 to
increase appropriations by $55,000. (Attachment # 8)
9.a. Motion authorizing the City Manager or his designee to execute
a contract with Absolute Waste Acquisitions, Inc., guaranteeing
the annual delivery of specific tonnage of acceptable waste to the
J. C. Elliott Landfill for a specified fee, for a period not to exceed
the life of the J. C. Elliott Municipal Landfill, including a retroactive
provision commencing on June 1, 2007, for the specified fee.
(Attachment # 9)
9.b. Motion authorizing the City Manager or his designee to execute
a contract with Absolute Waste Acquisitions, Inc., guaranteeing
the delivery of specified tonnage of acceptable waste collected
within the boundaries of the Coastal Bend Council of
Governments region to the Cefe Valenzuela Municipal Landfill for
a period of twenty years. (Attachment # 9)
Agenda
Regular Council Meeting
September 11, 2007
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10.a. Motion approving the amount of monies to be paid as cash in lieu
of construction of Ametrine Drive, a half street, and its related
water infrastructure in accordance with the Platting Ordinance
Section IV- Design Standards, Subsection A.12.d)(1).
(Attachment # 10)
10.b. Motion authorizing the City Manager to execute a Half Street
Deferment Agreement with JJAR Development, LLP, (Developer),
in the amount of $91,491.90 for public improvements including
pavement, curb, gutter, sidewalks, and water infrastructure for the
future street construction improvements to Ametrine Drive
adjacent to the west property line of Legends of Diamante Unit 2,
located north of Slough Road and east of Rodd Field Road, in
accordance with the Platting Ordinance Section IV- Design
Standards, Subsection A.12.c). (Attachment # 10)
11. Ordinance abandoning and vacating a 249.70 - square foot portion
of a 10 -foot wide utility easement out of Lot 16A, Block 1,
Lakeview Acres, located on Williams Drive, west of Rodd Field
Road; requiring the owner, L.I.P., LLC to comply with the
specified conditions. (Attachment # 11)
12. Ordinance abandoning and vacating a 4,250 - square foot portion
of a 10 -foot wide utility easement out of Lots 14 -27, Block K,
Flour Bluff Estates, between East Lakeside Drive and Recreation
Drive; requiring the owner, Renato A. DePaolis II, d.b.a. DB
Ventures, LLC to comply with the specified conditions.
(Attachment # 12)
13. First Reading Ordinance - Amending the Code of Ordinances,
Chapter 6, Animal Care and Control, Article V, Animal and Rabies
Control, by creating new Section 6 -128, Spay /Neuter Clinic Fees;
revising a reserved section reference. (Attachment # 13)
Agenda
Regular Council Meeting
September 11, 2007
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
14.a. Motion to amend prior to second reading the Ordinance
amending the Code of Ordinances, City of Corpus Christi,
Chapter 2, to establish the Marina Advisory Committee and the
Watershore and Beach Advisory Committee in place of the
Water /Shore Advisory Committee, amending Section 1 and
Section 2 to provide that appointments to the new Marina
Advisory and Watershore and Beach Advisory Committees are
subject to City Council approval. (Attachment # 14)
14.b. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 2 to establish the Marina Advisory
Committee and the Water Shore and Beach Advisory Committee
in place of the Water /Shore Advisory Committee; providing for
publication. (First Reading 8/28/07) (Attachment # 14)
1. PUBLIC HEARINGS:
ZONING CASES:
15. Case No. 0807 -01. A.C. Gilmore: A change of zoning from a "B -1"
Neighborhood Business District to a "B -4" General Business
District on property described as Gardendale Unit 2, Block 5, Lot
18, located approximately 200 feet south of the intersection of
South Staples Street and Curtis Clark Drive. (Attachment # 15)
Planning Commission and Staff's Recommendation: Approval of
a "B -4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by A. C.
Gilmore, by changing the zoning map in reference to Gardendale
Unit 2, Block 5, Lot 18, from "B -1" Neighborhood Business District
to "B -4" General Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a
penalty; providing for publication.
Agenda
Regular Council Meeting
September 11, 2007
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
16. Presentation of the Visualized Concept Study of the Museum of
Science and History by Ralph Appelbaum and Associates
(Attachment # 16)
17. Update of Regional Health Awareness Board (RHAB)
(Attachment # 17)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
18. Motion to adopt an ordinance setting a tax rate of $0.563846 per
$100 valuation. The ordinance prescribes the taxes to be levied,
assessed, and collected by the City of Corpus Christi, Texas for
tax year 2007 and for each succeeding year thereafter until
otherwise provided and ordained and such other years as the
same may be applicable. (Attachment # 18)
19. Resolution approving the submission of a grant application to the
Institute of Museum and Library Services to fund the placement
of the Voyage Exhibit on Shoreline Boulevard; approving the
solicitation of matching funds on behalf of the City to acquire and
place the Voyage Exhibit; approving placement of the Voyage
Exhibit on Shoreline Boulevard; and agreeing to manage the
installation and undertake the maintenance of the exhibit.
(Attachment # 19)
20. Motion approving an admission fee for Bayfest of five dollars
($5.00) per day for adults and three dollars ($3.00) per day for
military, seniors and children between the ages of seven to
twelve. Children ages six and under are admitted free. Bayfest
will be held September 28 -30, 2007. (TABLED 8128107)
(Attachment # 20)
Agenda
Regular Council Meeting
September 11, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
21. Resolution expressing the City's desire to host the American
Bowling Congress Tournament in 2011, and authorizing the City
Manager to provide assistance in the form of $500,000 payable
over four years, free rental of the American Bank Center Exhibit
Hall, and related in -kind services, subject to acceptance of the bid
and annual appropriations as required by law. (Attachment # 21)
22. Motion authorizing the City Manager to execute a contract with
Chiang, Patel & Yerby, Inc., of Dallas, Texas for the provision of
engineering consultant services to the City Council related to the
recent public water quality issues. (Attachment # 22)
23.a. Motion authorizing the City Manager or his designee to execute
a construction contract with Haas - Anderson Construction, Ltd., of
Corpus Christi, Texas in the amount of $8,084,452.10 for the
Doddridge Street Improvements from Ocean Drive to Staples
Street Project. (BOND ISSUE 2004) (Attachment # 23)
23.b. Motion authorizing the City Manager or his designee to execute
a Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services Agreement with Rock Engineering and
Testing Laboratory, Inc., of Corpus Christi, Texas in the amount
of $59,959 for the Doddridge Street Improvements from Ocean
Drive to Staples Street Project. (BOND ISSUE 2004)
(Attachment # 23)
24.a. Resolution authorizing the City Manager or his designee to
execute all documents necessary to accept the $175,000 grant
from the United States Department of Justice, Office of Justice
Programs, for support of the Corpus Christi Southeast Weed and
Seed Community, for FY 2007 -2008. (Attachment # 24)
24.b. Ordinance appropriating $175,000 from the United States
Department of Justice, Office of Justice Programs in the No. 1067
Federal /State Grants fund for support of the Corpus Christi
Southeast Weed and Seed Community, for FY 2007 -2008.
(Attachment # 24)
Agenda
Regular Council Meeting
September 11, 2007
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12 :00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MiNUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. if you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y tree que su ingles es limitado, habre un interprete
ingles- espanol en la reunion de la junta Para ayudarle.
PER CiTY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters fisted on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow -up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city - related matters.
Agenda
Regular Council Meeting
September 11, 2007
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
25. CITY MANAGER'S REPORT
* Upcoming Items
26. MAYOR'S UPDATE
27. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at ; '3 C p.m., September 7, 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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 28, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummell
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
*Arrived .' . m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Donald G. Le velI with Corpus Christi Christian
Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Nelda
Martinez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of August 21,
2007. A motion was made and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (items 2 -15). Mr. Abel Alonzo
asked that Item 11 be pulled for individual consideration. Council members requested that Items 9,
10, and 14 be pulled for individual consideration. City Secretary Chapa announced that Item 13 had
a substitute ordinance and would be considered separately. City Secretary Chapa polled the
Council for their votes as follows:
2.a. MOTION NO. 2007 -21
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$143,605 from the Texas Department of Transportation for a Comprehensive Selective
Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed
enforcement with a City match of $28,429.95 and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
2.b. ORDINANCE NO. 027375
Ordinance appropriating $143,605 from the Texas Department of Transportation for funding
for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police
Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
Minutes -- Regular Council Meeting
August 28, 2007 — Page 2
3.a. MOTION NO. 2007-220
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$43,430 from the State of Texas, Criminal Justice Division to continue the Victims of Crime
Act V CA grant within the Police Department for Year 8 with a City cash match of $141007,
in -kind match of $2,400 for a t tal project cost of $59837 and authorizing the City Manag r
or his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, ll, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye "; Cooper wa absent.
3.b. ORDINANCE NO. 027376
Ordinance appropriating $43,430 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA)
Fund.
Are emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and
Martinez, voting "Aye"; Cooper was absent.
4.a. RESOLUTION N . 027377
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Independent School District in the amount of $6,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye "; Cooper wa
absent.
4.b. RSOLUT1ON NO, 027378
Resolution authorizing the City Manager or his designee to execute an lnterlocal Agreement
with the Flour Bluff Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, ll, Kelly, Leal, McCutchon, ar , and Martinez, voting ,Aye "; Cooper wa
absent.
4.c. RESOLUTION N . 027379
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Calallen Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Mar k and Martinez, voting "Aye "; Cooper was
absent.
Minutes — Regular Council Meeting
August 28, 2007 — Page 3
4.d. RESOLUTION N . 027380
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Tulpso- Midway Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Iar , and Martinez, voting "Aye "; Cooper was
absent.
4.e. RESOLUTION N . 027381
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the West Oso Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.f. RESOLUTION NO. 027382
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Texas A &M University Corpus Christi in the amount of $5,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.g. RESOLUTION N . 027883
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Council on Alcohol and Drug Abuse in the amount of $9,256 for Enforcing Underage
Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Are"; Cooperwas
absent.
4.h. RESOLUTION NO. 027384
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Youth Alcohol Awareness Coalition in the amount of $2,000 for
Enforcing Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Rummell, belly, Leal, McCutchon, Mare , and Martinez, voting "A ye", Cooperwas
absent.
Minutes — Regular Council Meeting
August 28, 2007 — Page
5.a. RESOLUTION NO. 027385
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$508,873 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the South Texas Library System at the
Corpus Christi Public Library for state fiscal year 2007 -2008.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, McCutchon, M re , and Martinez, voting "Aye"; Cooper wa
absent.
5.13, ORDINANCE NO. 027386
Ordinance appropriating $508,873 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the South Texas Library
System at the Corpus Christi Public Library for state fiscal year 2007 -2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and
Martinez, voting "Aye"; Cooper was absent.
6.a. RESOLUTION N , 027387
Resolution authorizing the City Manager or hi designee to accept a grant in the amount of
si 1 ,934 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Interlibrary Loan Referral Center at
the Corpus Christi Public Library for state fiscal year 2007 -2008.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas
absent.
6.b. ORDINANCE NO. 027388
Ordinance appropriating $151,934 from the Texas State Library and Archives Commission in
the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral
Center at the Corpus Christi Public Library for state fiscal year 2007 -2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting ,Aye "; Cooper was absent.
7.a. RESOLUTION NO. 027389
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$78,250 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System at the Carpus Christi Public
Library for the state fiscal year 2007 -2008.
Minutes — Regular Council Meeting
August 28, 2007 — Page
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel], Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas
absent.
7.b. ORDINANCE NO. 027390
Ordinance appropriating $78,250 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance
Negotiated Grant Program administered by the South Texas Library System at the Corpus
Christi Public Library for state fiscal year 2007 -2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and
Martinez, voting "Aye "; Cooper was absent.
8. MOTION N. 2007 -221
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to a
construction contract for the Police Department Chilled Water Plant Upgrade 2006 with
Weathertrol, Inc., of Corpus Christi, Texas in the amount of $37,560 for the installation of an
outside air handling unit for the Police -HVAC System.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
12. ORDINANCE NO. 027392
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
Bayfest, Inc. for Bayfest 2007 and related activities to allow use of Shoreline Boulevard from
IH 37 to the Convention Center Complex including Barge Dock Area, and additional lot
bounded by Shoreline Boulevard, Fitzgerald, Water and Palo Alto Streets and additional lots
bounded by Shoreline Boulevard, and Fitzgerald, Water and Resaca a Streets during
September 17 through October 7, 2007; provide for Bayfest, Inc. paying 50% police and
100% of all other city costs.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and
Martinez, voting "Aye "; Cooper was absent.
15. ORDINANCE NO. 027395
Amending Chapter 14 "Development Services," Article XIII `Development Services Fees,"
Division 4 "Platting Ordinance Fees," Section 14-1341 `Platting Ordinance Fees," and
Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules,
Regulations, and Water and Gas Fees," and Section 55 -71 „sewer Tapping Fees" of the
Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting
fees and Tap fees. (First Reading 8/21/07)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye"; '; Cooper was absent.
Minutes — Regular Council Meeting
August 28, 2007 -- Page
Mayor Garrett opened discussion on Item 9 regarding an Infrastructure Participation
Agreement for Kitty Hawk Unit 1. Council Member Leal asked questions regarding the size of the
bridge and the City's participation in the cost of the bridge construction. Deputy Director of
Development Services Johnny Perales explained that the developer is building a 26 foot bottom
width bridge and based on the platting ordinance, if the bottom width exceeds the design standards
of 15 feet, the City may participate in the extra cost of the bridge. Council Member McCutchon asked
questions regarding the developer's contribution, the amount of money contributed by the City, and
whether there was a return on investment. Mr. Perales provided a review of the cost breakdown, the
developer's participation, and explained that the return on investment w uld be the bridge structure.
City Manager Noe stated that staff is obligated to follow City ordinances.
Pat Veteto, 820 Buffalo Street and on behalf of the developer, stated that the developer has
worked with the Engineering Department on design of the ditch and bridge to upgrade the structures
to a higher design standard which is included in the proposed Storm Water Master Plan.
Council Member Hummell asked questions regarding the purpose of the ditch and the
bridge. Mr. Veteto said the bridge and the ditch will be part of the proposed master plan and the
ditch is used to drain the development. In response to Mr. Hummell, Mr. Veteto answered that the
bridge collector road was named Kitty Hawk Drive. Council Member Kelly asked if the City can
mandate the wider ditch without financial participation. City Manager Noe said that under the current
ordinance, the City can only mandate current design standards. In response to Council Member
Martinez, Mr. Veteto answered that property west of Mr. Bratton's property would benefit from the
ditch. Mr. Rummell asked questions regarding future development and the anticipated use of the
bridge. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as
follows:
9. MOTION N . 2007 -222
Motion authorizing the City Manager or his designee to execute an Infrastructure
Participation Agreement with John Bratton, owner and developer of Kitty Hawk Unit 1,
located east of County Road 41 and south of South Staples Street (FM 2444) in the amount
of $24,618.08 for the future construction of Kitty Hawk Drive Bridge, in accordance with
Platting Ordinance Section IV.A.16.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Eli and , Kelly, and Martinez, voting "Aye "; Hummel', Leal, and McCutchon voting "No";
Marez was absent.
Mayor Garrett opened discussion on Item 10 regarding Master Plan Lift Station No. 13.
Council Member McCutchon asked questions regarding the location; the policy to make the Sanitary
Sewer Trust Fund solvent; and the fund balance. City Manager Noe said staff was currently working
on a policy to bring back to the Council within the next 90 days and provided the fund balance.
Chip Urban, Urban Engineering and representing the developer, spoke regarding the use of
the Sanitary Sewer Trust Fund and future smart growth.
City Secretary Chapa polled the Council for their votes as follows:
10.a. MOTION N . 2007 -223
Motion approving the First Amendment to the Sanitary Sewer Trunk Force Main and Lift
Station Construction and Reimbursement Agreement submitted by Oak Properties, owner
Minute -- Regular Council Meeting
August 2 r 2007 Page
and developer of Turnstone Subdivision for the construction of Master Plan Lift Station No.
13, located on Slough Road east of Rodd Field Road.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Mare , and Martinez, voting "Aye "; Leal voting "No".
10.b. ORDINANCE NO. 027391
Ordinance appropriating $131,429.13 from the Sanitary Sewer Trunk System Trust Fund No.
540450 -21800 -4220 to pay Oak Properties for the construction and installation specified in
the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement
Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Mare , and
Martinez, voting "Aye "; Leal voting "No"
Mayor Garrett opened discussion on Item 11 regarding the admission fee for Bayfest. Abel
Alonzo, 1701 Thames, made a recommendation to amend the motion to include individuals with
disabilities. In response to Council Member Kelly, Mr. Alonzo said the criteria included physical
disabilities. Bayfest board members Scott Meyers and Veronica Maxwell explained that the board
determined the fees and asked for a clarification of the special needs. Leon Bazar, Director of
Human Relations, explained that Mr. Alonzo was defining a person with physical mobility
Mr. Kelly asked Mr. Bazar to assist the Bayfest committee with a working definition and made a
motion to table Item 11 until September 11th, seconded by Mr. Marez and passed.
11. TABLED TO SEPTEMBER 111 2007
twelve ; - Children ages six and under are admitted free. Bayfest will be held September 30, 2007.
Mayor Garrett opened discussion on Item 13 regarding revisions to the requirements for a
temporary street closure. City Secretary Chapa explained that staff provided a substitute ordinance.
Mr. Kelly made a motion to substitute the ordinance, seconded by Mr. Elizondo and passed.
In response to Council Member Hummell, Traffic Engineer Ricardo Guzman explained that
the changes pertained to the requirement of notice to adjacent property owners and the two weeks
prior notice required for the city council meeting. Mr. Hummel) asked questions regarding the notice
to tenants. Assistant City Attorney Veronica Ocanas answered that the applicant would fill out
form containing information in case the event impacts businesses and the applicant can bring up
their issues at a City Council meeting. Mr. Hummell asked when the "Conquer the Coast" was
scheduled for the council meeting and the date of the race. Mr. Guzman said the "Conquer the
Coast" permit is scheduled on September 1 8th and the event on September 28th. Ms. Ocanas
explained that the provision allows the City Council to approve a permit regardless if an applicant
met the requirement or not. Council Member Marez asked questions regarding the impact on
businesses. Mr. Guzman said staff and organizers hope to address the concerns of business
owners prior to coming to Council for approval. City Secretary Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
August 28, 2007 — Page 8
13. ORDINANCE NO. 027393
Amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and
Sidewalks, Division 2: Temporary Closure of Streets, Section 49-17: Conditions and
requirements for permit, repealing and replacing subsection (F) to require written notice
instead of written approval; allowing for written notice to be given to tenants and building
managers; requiring posting of same inside entrances to multi - tenant buildings; providing for
severance; and declaring an emergency.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Are"
Mayor Garrett opened discussion on Item 14 regarding the graffiti ordinance. In response to
Council Member Martinez, Police Chief Bryan Smith said the seven day consent notice would be
used as a tracking device to track the time of the call and completion of clean up. City Secretary
Chapa polled the Council for their votes as follows:
14. ORDINANCE NO. 027394
Amending chapter 33, Article VI. Graffiti Control, of the City Code of ordinances by revising
the provisions regarding notice requirements, the hearing process, eradication efforts and
providing for liens; providing for publication; providing for penalties; and providing for an
effective date.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye "
Mayor Garrett called for petitions from the audience. Liz Sefcik, 214 Atlantic, spoke
regarding recommendations for investigating the water issues. Olga Gonzales, 1809 Yale, provided
ideas for uses for the Memorial Coliseum. Lisa Hernandez, 434 villa Drive, spoke regarding the
water contamination and the City Manager. Susie Luna Saldana, 4710 Hake!, spoke regarding
resolving the issues in the City. Carolyn Moon, 4902 Calvin, spoke regarding graffiti, the water
issues, and notifying citizens of bacteria in the bay. Domingo Ybarra, President of the Corpus
Christi Police Officers Association, spoke regarding a planned meeting with the City Manager to
discuss matters related to problems within the Police Department. He also discussed concerns
regarding recent issues related to the water problems.
Tommy Douglas presented a petition requesting that the Mayor and Council address the
neighborhood's concerns regarding loud, profane noise and lyrics coming from Concrete Street
Amphitheater. Errol Summerlin, Legal Aid in Corpus Christi, asked for assistance in getting an
office at Hilltop Community Center next to the Disaster Recovery Center. Henry Williams, 2422
Summers Street, spoke regarding the noise at Concrete Street. Abel Alonzo, '1701 Thames, spoke
regarding the creditability of the City Manager. Terry Carter, President and CEO of the Corpus
Christi chamber ofCommerce, spoke regarding the financial impact of the water boil notice and the
accountability of city officials. John Kelly, 3621 Austin, spoke regarding the wastewater collection
plan for South of Oso Creek and smart growth. Tracey Smith, 211 N. Chorizo, spoke regarding the
noise problem from Concrete Street. Joe Hansler, 1515 Caribbean, spoke regarding problems at
his rental properties.
Minutes — Regular Council Meeting
August 28, 2007 — Page 9
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
29. Executive session under Texas Government Code Section 551.071 regarding Cause No.
04-3928-G, City of Corpus Christi v. Entrust, Inc., in the 319th Judicial District Court of
Nueces County, Texas, with possible discussion and action related thereto in open
session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
29. MOTION NO. 2007 -228
Motion authorizing acceptance of $4Q0,000 for settlement of Cause No. 04- 3928 -G City of
Corpus Christi v. Entrust, Inc.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, McCutchon, and Martinez, voting "Aye"; Cooper, Leal and Marez were
absent.
* * * * * * * * * * * *
Mayor Garrett referred to Item 17 regarding the second public hearing on the proposed ad
valorem tax rate increases. Cindy O'Brien, Director of Financial Services, said staff would be
recommending the actual maintenance and operations tax rate of $0.563846 at the meeting on
September 11th. Mr. Marez made a motion, seconded by Mr. Elizondo and passed to open the
public hearing.
Bill Kopecky, 3609 Topeka, recommended adopting the total effective tax rate of $.549193
and spoke regarding the general fund balance and debt service tax rate. J.E. O'Brien, 4130
Pompano, spoke regarding setting a time certain for the public hearing and supported a tax rate of
$.549 per $100 valuation.
Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mayor Garrett stated that during the September 11th City Council Meeting beginning at 10:00
a.m. at City Hall, the City Council will vote on the proposed tax rate.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 19 regarding the FY2007 Consolidated Annual Action Plan
(CARP. Daniel Gallegos, Community Development Administrator referred to a powerpoint
presentation including a background of the community development programming; the FY2007
schedule process; and staffs recommendation. There were no omment from the audience.
Council members asked questions regarding the entities receiving funding; the review of
applications; and the council approval process. Staff responded. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
August 28, 2007 -- Page 10
19.a. MOTION NO. 2007 -22
Motion authorizing the City Manager or his designee to accept grants from the United States
Department of Housing and Urban Development to implement the FY2007 Consolidated
Annual Action Plan, including the Community Development Block Grant (CDBG), the
Emergency Shelter Grant (ESG), and the HOME Investment Partnerships {HOME} Grant,
and execute Subrecipient Agreements for community planning and development projects
and activities.
CDBG FUNDING
(1) Boys and Girls Club of Corpus Christi - $100,716
(2) Brooks Chapel Early Childhood Development Center - $65,300
(3) Coastal Bend Center for Independent Living (CECIL) - $15,000
(4) Coastal Bend Center for Independent Living (CBCIL) - $25,000
(5) Del Mar College /Business Resource Center - $175,000
(6) Greenwood Molina Children's Center /Schoolagers Play Park - $25,000
(7) Nueces Lofts Apartments - $500,000
(8) Universal Little League - $35,000
FY2007 ESG FUNDING
(9) Catholic Charities - $13,000
(10) Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place - $12,000
(11) Corpus Christi Hope House, Inc. - $13,000
(12) Corpus Christi Metro Ministries, Inc. - $43,000
(13) Mary McLeod Bethune Day Nursery, Inc. - $13,000
(14) New Life Fellowship of Corpus Christi, Inc. - $10,000
(15) The Ark Assessment Center and Emergency Shelter for Youth - $13,000
(16) The Salvation Army - $13,000
(17) The Women's Shelter of South Texas - $20,498
FY2007 HOME FUNDING
(18) Community Development Corporation (CDC) - $200,000
(19) Apartments of the Village /LULAC Hacienda Apartments - $260,009
(20) Messianic Fellowship Church Affordable Housing Initiative - $300,000
(21) TG110 - Glenoak Apartments (CHDO) - $250,000
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, Martinez, voting "Aye "; Cooper and Marez was absent.
19.b. ORDINANCE No. 027396
Ordinance appropriating $6,851,949 in the No. 1059 CDBG Grants Fund for the FY2007
Consolidated Annual Action Plan which includes: (1) $4148,016 for the CDBG Program,
consisting of $3,480,612 of entitlement funds, $470,000 of program income from housing
loans, $65,569 of demolition lien program income, and $1 31,835 of reprogrammed funds;
$150,498 of entitlement funds for the ESG Program; and $2,663,435 for the HOME
Program, consisting of $1,649,582 of entitlement funds, $25,570 of the American Dream
Do npayment Initiative Grant, $175,385 of program income from housing Loans, and
$702,398 of reprogrammed funds, for approved community planning and development
projects and activities.
Minutes — Regular Council Meeting
August 28, 2007 — Page 11
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, M Cut hon, Martinez, voting
"Aye"; Cooper and Marez were absent.
Mayor Garrett referred to Item 1, and a motion was made, and seconded to open the
following public hearing:
18.a. Public hearing to receive public comments regarding an amendment of the FY2007
Consolidated Annual Action Plan to realign, reprogram, and reallocate Community
Development Block Grant (CDBG) Program funds.
Mr. Gallegos explained that project changes have resulted in the cancellation and
reprogramming of the following CDBG projects: the FYO5 and FY06 Dr. Hector P. Garcia Project;
the FYO7 Downtown Infrastructure Project and FY07 Lofty Apartments also know as Buffalo Lofts.
Mr. Gallegos provided a list of staff recommendation's for the proposed CDBG projects.
Council members asked questions regarding the fundraising for the Hector P. Garcia project;
other means of assistance for the Hector P. Garcia project: funding for the Broadmoor Senior
Center; if staffs recommendation accounted for all of the reprogrammed funds; the cancellation of
the Buffalo Lofts project funding; the Model Block Program; the Nueces Lofts; and the distribution of
funds demographically by district.
Mayor Garrett called for public comment. Addie Heard, Nueces County Community Action
Agency, explained that the funds received for the weatherization project would assist the low to very
low income to help conserve energy and transition people out of poverty. Roland Garza spoke
regarding the CDBG funding process and the City's return on investment.
Ms. Leal made a motion to recommend funding for the following projects: (1) Ayers Street
Drainage Improvements - $62,000; (3) Broadmoor Senior Center - $125,000; (7) Cafe's Gym -
$65,000; (21) Model Block Program - $100,000 (25) Residential Traffic Management Program -
$13,000; (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place- $40,000;
(40) Fighting to Rid Gangs in America Foundation Inc. - $100,000; (41) Greenwood Molina
Children's Center - $45,000; and Nueces County Community Action Agency Weatherization
Rehabilitation - $40,000. A brief discussion ensued regarding the Model Block Program and the
Nueces County Community Action Agency Weatherization Rehabilitation. The motion died for a
Pack of second.
Mr. Kelly made a motion to amend the staff recommendation by funding the following
projects: (1) Ayers Street Drainage Improvements - $62000; (3) Broadmoor Senior Center -
$125,000; (7) Cole's Gym - $65,040; (21) Model Block Program - $100,000; (23) Rehabilitation
Services - $38,000 (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$40,Q00; (40) Fighting to Rid Gangs in America Foundation Inc. - $75,000; (41 ) Greenwood Molina
Children's Center - $45,000; and Nueces County Community Action Agency Weatherization
Rehabilitation - $40000. The motion was seconded by Ms. Cooper and passed (Leal voting "No").
Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly and passed.
City Secretary Chapa polled the Council for their votes as follows:
Minute — Regular Council Meeting
August 28, 2007 — Page 12
18.b. MOTION N . 200 77224
Motion to authorize the City Manager or his designee to amend the FY2007 Consolidated
Annual Action Plan for the CDBG Program to include the fallowing projects: (1) Ayers Street
Drainage Improvements - $62,00; (3) Broadmoor Senior Center - $125,000; (7) Cole's
Gym - $65,000; (21) Model Block Program - $100,000; (23) Rehabilitation Services -
$38,004 (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$40,000; (4Q) Fighting to Rid Gangs in America Foundation Inc. - $75,000; (41) Greenwood
Molina Children's Center - $45,000; and Nueces County Community Action Agency
Weatherization Rehabilitation - $40,000.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Mare and Martinez, voting "Aye ";
Leal voting "N"
18.c. MOTION NO. 2007 -225
Motion to authorize the City Manager or his designee to execute CDBG Subrecipient
Agreements with Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's
Place, Fighting to Rid Gangs in America Foundation, Inc., and Nueces County Community
Action Agency.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, McCutchon, Mare and Martinez, voting "Aye "; Leal voting "No"
Mayor Garrett announced that Council Member Marez would like to make a disclosure
statement.
Council Member Marez made the following statement:
"I publicly disclose that through my profession, 1 regularly deal with the ARK Assessment
Center and the Emergency Shelter for Youth.
!will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
1 will have no financial interest in any contract with respect to a CDBG, ESG or HOME
activity or its proceeds.
1 will abstain from participation in all deliberation and voting of funding related to the ARK
Assessment Center and the Emergency Shelter for Youth.}"
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC).
* * * * * * * * * * * * *
Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion
on item 20 regarding the placement of advisory signs at beach access locations. City Manager Noe
said this item authorized staff to implement the installation of signage along various beaches in the
community when testing results indicated bacteria at lower than standard levels.
Minutes — Regular Council Meeting
August 28, 2007 — Page 13
Mayor Garrett called for comments from the audience. Neil McQueen, Chair of the Coastal
Bead Surf Rider Foundation, spoke regarding Option 2 in the agenda packet stating that the task
force did not recommend posting signs when bacteria levels wer elevated. Mr. McQueen said he
did support the placement of signs based on the General Land Office (GLO) protocol. City Manager
Noe stated that the Option 2 in the agenda packet referred to action taken in 2005 and is not what
staff is recommending today. John Adams, 307 Katherine Drive, spoke in support of the placement
of signs. Cliff Slovik, '122Whiteley, spoke regarding illnesses resulting from the quality of water and
said that Corpus Christi should have been one of the first cities to follow the GLO plan. Mr. Si vil
said that he was concerned that the City would only utilize the City's sign and not the GLO sign.
John Kelly, 3621 Austin, said that rainfall should be a triggering event to bring down the signs and
spoke regarding DNA sampling.
Assistant City Manager Ron Massey showed the Council the City's generic sign and the GLO
standard sign.
Council Members asked questions regarding the diff r n between staffs recommendation
and the state's action plan; utilization of Options 1 and 2; the delay between hen a sample is taken
and receiving a test result; the agency that decides where and when testing occurs; locations for
sampling; if the City would be contacted when the signs should be down; and an implementation
plan.
Dr. McCut h n made a motion t amend Item 20 to direct the City Manager to implement
Option 1 and Option 2 from the background information in the agenda packet; including the
complete implementation of the GLO Texas Beach Watch program; in addition to routine weekly
monitoring, the City takes samples after significant rain events; and deleting the Last sentence in
Option 2. The motion was seconded by Ms. Martinez and passed.
City Secretary Chapa polled the Council for their votes as follows:
20. MOTION N . 2007 -227
Motion to direct City Manager to implement GLO recommendation standards regarding
testing levels of bacteria at beach access locations, testing during high rain periods and
placement of advisory signs as follows:
A General cautionary sign stating that water quality may be affected after a heavy rain
incident, particularly in storm water outfall areas and that swimming is not advised. This sign
would be permanently posted at each monitored beach at Corpus Christi Bay.
Additional signs to be placed at monitored sites stating that the area was being regularly
monitored for water quality in participation with the Beach Watch program.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Cooper, Eli and , Hummell, Kelly, Leal, M Cut h ri, Marez and Martinez, voting
'Aye"
Mayor Garrett opened discussion on Item 21 regarding the Corpus Christi Business and Job
Development Corporation (4A Board). Director of Economic Development Irma Caballero said the
4A Board is requesting approval to re- appropriating $433,015 from prior years unspent funds and
appropriate an additional $200,000 from the 4A board fund balance for small business support.
Minute — Regular Council Meeting
August 28, 2007 — Page 14
Mayor Garrett called for comments from the audience. Joe Cisneros, President of the
Hispanic Chamber of Commerce, and Sylvia Ford, 3306 New Bedford spoke in support of the efforts
of the 4A Board regarding small business. City Secretary Chapa polled the Council for their votes
as follows:
21. ORDINANCE NO. 027 397
Ordinance changing the Corpus Christi Business and Job Development Corporation (4A
Board) budget by appropriating $443,015 from prior year unspent funds and appropriating
an additional $200,000 from the 4A Board fund balance for small business support.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare and
Martinez, voti n g "Aye "
Mayor Garrett opened discussion on Item 22 regarding approval of a contract between the
4A Board and ACCION Texas Inc. Ms. Caballero said staff is requesting the approval to authorize
execution of the agreement with ACCION Texas Inc.
Joe Cisneros, President of the Hispanic Chamber of Commerce, spoke in support of
ACCION receiving the funding and consideration of funding in the future for mid -size businesses.
City Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 027
Resolution approving the contract between the Corpus Christi Business and Job
Development Corporation and ACCION Texas Inc. to provide a micro- lending program for
small business support and authorizing the City Manager or his designee to execute the
agreement.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Mare and Martinez, voting 'Aye"
Mayor Garrett opened discussion on Item 23 regarding the automated red light enforcement.
City Manager Noe said the red light enforcement ordinance requires updating to comply with recent
changes in State law.
Council Member Hummell asked for the number of red fight cameras currently in place.
Police Chief Smith said he would provide that information. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 027399
Ordinance amending Chapter 53, Article X, Automated red Tight enforcement, of the City
Code of Ordinances by revising the provisions regarding civil penalties, enforcement
procedures, the hearing process, and appeal; providing for publication; providing for
penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez Mare and
Martinez, voting "Aye ".
Minutes — Regular Council Meeting
August 28, 2007 — Page 15
Mayor Garrett opened discussion on Item 24 the establishment of the Marina Advisory
Committee and the Watershore and Beach Advisory Committee. Director of Park and Recreation
Sally Gavlik said the two new committees would replace the current Water /Shore Advisory
Committee and that all current members could apply.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
24. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to establish the Marina
Advisory Committee and the Water Shore and Beach Advisory Committee in place of the
Water /Shore Advisory Committee; ; pr vid in for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Eli and , Hummel', Kelly, Leal, M Cut h n, Marez and Martinez,
voting "Aye"
* * * * * * * * * *
Mayor Garrett referred to Item 28 regarding a presentation on the Wastewater Collection
System Master Plan Update for South of Oso Creek. Dan L y nde ker, LNV Engineering, referred
to powerpoint presentation including maps of the six wastewater treatment plants and basins; the
rate capacity, actual flow, ultimate apa ity required; and master plan update for each treatment
plant; description of the South of Oso Creek Service Area; adopted future land use map; and
objectives the master plan will be based on. Deputy Director of Development Services Johnny
Perales stated that approval is schedule to be presented to Planning Commission in October and
the City Council in late October.
Council members asked questions regarding the definition of the rate of capacity; the
definition of the ultimate capacity required; the effect of rain on wastewater; the difference between a
reclamation plant and a wastewater treatment plant; the increase in capacity at Greenwood
Treatment Plant; diversion from Broadway to the Greenwood or Allion Plant; the projected average
daily flow for South of Oso Creek; timeframe for the development of South of so: and improvement
of pipes in Master Plan.
Mayor Garrett asked staff to consider disregarding the Hillcrest plant and concentrate on
rebuilding /enhancing Broadway or enhancing Greenwood. City Manager Noe said staff was working
on updating the numbers associated with all of the options on the Broadway plant and will bring to
Council in the next couple of weeks.
Mayor Garrett opened discussion on Item 25 regarding a report on Citywide Growth. Senior
City Planner Bob Payne referred to a powerpoint presentation including the city limits and
extraterritorial jurisdiction; historical population growth; population estimates; 30 year land use map,
area development plan study areas; aerial photo of preliminary plat activity; recorded plats; building
permit activity; existing population vs. residential building permits, and comparison of growth with
other cities.
Council members asked questions regarding low density residential growth; the estate type
of development; the number of new utility connections; recorded plats; the process of platting; the
percentage of building permits for subdivisions; the boundary area for Ocean Drive and Louisiana
Parkway; the boundary streets for the Southside side area; and the percentage increase in population
growth and housing units.
Minutes — Regular Council Meeting
August 28, 2007 — Page 16
Mayor Garrett referred to Item 26 regarding a presentation on the City's Noise Ordinance.
Joseph Harney, Assistant City Attorney, referred to a powerpoint presentation including the current
language of the noise ordinance; issues; state law; and proposed changes to nfrmnt,
allowable decibel levels, vibration, vehicle sound systems, and exceptions for sound.
In response to Mayor Garrett, Mr. Harney said officers would be allowed to issue citations for
vehicle sounds. Council Member Marez expressed his concern regarding the exceptions for city
sponsored celebrations because of the complaints from residents near the Code Park Amphitheatre.
City Attorney Mary Kay Fischer said that language can be placed in the contract for performers at
Cole Park to address the noise issue or establish a provision in the ordinance.
Mayor Garrett referred to Item 27 regarding an update on the 78415 Community Youth
Development Program,. Sally Gavlik, Director of Parks and Recreation referred to a powerpoint
presentation including the history of the CYD program; the 78415 CYD contracts and subcontracts;
roles and responsibilities of the 78415 Steering Committee, Fiscal agent, Project Coordinator, and
the Youth Advisory Committee; the CYD request for proposal process; evaluation tool areas as per
subcontractor RFP; other parks and recreation programs that reduce /prevent juveriile ccrime; the
CYD budge from 2003 -2007; and 78415 CYD program service providers from 1997 to 2007.
Council members asked questions regarding the budget; whether City Council has control of
the funds; the amount of funds received since 1 997; the number of children and parents serviced in
the 78415 area since the program initiated; the juvenile crime; the amount of money spent on each
student and parent; the number of schools and eligible students in the 78415 area; the current
number of service providers; the funding process; whether the City has the capability to direct the
funds; the YMCA program; the appropriation to public libraries; the Communities in Schools
program; the direction of the CYD program; if a determination of the zip code with juvenile probation
referral rate has been reviewed in the last five years and the entity who makes that determination;
and whether the state reviews the best use of funds,
Ms. Leal requested a report on the juvenile crime rate for the last five years; since the
program started, the number of students receiving services and the schools they attended; the
schools presenting YMCA and YWCA programs; and the schools receiving Communities in Schools
services.
Mayor Garrett called for the City Manager's report. City Manager Noe reported on the Citizen
University application process and the CCINFO electronic delivery of information.
Mayor Garrett provided an update on the status of the Water investigation Committee.
Council Member McCutchon asked what the City has done regarding water treatment. City Manager
Noe said that Interim Water Superintendent Angel Escobar has brought Justin Sutherland to review
the testing procedures and an outside expert to review the treatment plant area Dr. McCutchon and
Nelda Martinez spoke regarding an outside consultant hired by the City Council to review the
procedures.
Mayor Garrett called for Council concerns and reports.
Council Member Hummell thanked staff for their quick response in repairing the pothole on
Carancahua Street next to the Wilson Plaza. Mr. Hummel! provided an update on the progress of
the Memorial Coliseum Committee.
Minutes — Regular Council Meeting
August 28, 2007 — Page 17
Council Member McCutchon spoke regarding the placing signs at Par k ry Channel
regarding dangerous currents closer to the water's edge; the development of a street surface for
bicycling; storm water drainage on Primavera Street; repair of the ditch drainage on Flour Bluff Drive
and Graham Road; and code violations for signs and brush pilings. Dr. McCutchon also asked
questions regarding increasing the code enforcement department.
Council Member Leal asked if staff had received correspondence from the Army Corps of
Engineers regarding the wet lands. Ms. Leal spoke regarding the City reducing the mowing rates for
subcontractors to clear properties and potholes on the L -Head.
Council Member Martinez thanked Mike Hummel' for his leadership on the Memorial
Coliseum Committee. Ms. Martinez also thanked Director of Neighborhood Services Yvonne Haag
for Code Enforcement's immediate response to the code violations for signs.
Council Member Marren asked the Police and Engineering Departments to address the
flooding problem in the Six Points area and the speeding vehicles that cause "wake "that goes into
the businesses during rain events.
Mayor Garrett asked if the crossing guards were fully staffed. Police Chief Smith said that
the crossing guards were fully staffed and that the Police Department ent is working with CCISD to
make sure they are in the right locations. In response to Mayor Garrett, Director of Engineering
Kevin Stowers said Engineering had worked with the Flour Bluff School District regarding the
construction work and that additional enforcement would be out for the rest of the week to minimize
traffic.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:23 p.m. on August 28, 2007.
2
a. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION
— One (1) vacancy with term to 12- 31 -09.
DUTIES: To perform as an advisory board to the City Council and to investigate and
recommend to the Council such projects as in its opinion would be advantageous to the
future growth of the City and to assist the City in the establishment and location of
industries.
COMPOSITION: Fourteen (14) directors, four directors appointed by the City
Council for three -year staggered terms. The remainder of the Board shall be comprised of
not more than six (7) persons elected by the Corporation's membership in accordance with
its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio,
voting director. The City Manager and Port Director shall serve as ex- officio, non- voting
members. The directors shall serve three -year terms staggered as provided in the
Corporation's bylaws; provided that the term of office of any director who is a public
official shall coincide with his or her term of public office.
MEMBERS
Jim Barrette (Membership)
Edward Martin (City), Chair
Gloria Perez (City)
***Joe Elizondo (City)
Gene Guernsey (City)
Rep. Judy Hawley (Port Authority)
Mike Carrell (Port Authority)
Dennis Payne (Membership)
Paul Trevino (Membership)
Tony LaMantia (Membership)
Colleen McHugh (Membership)
David Engel (Membership)
Charles Patton (Membership)
Mayor, Henry Garrett
Port Director, John LaRue
City Manager, George I. Noe
TERM
12 -31 -07
12 -31 -09
12 -31 -08
12 -31 -09
12 -31 -07
12 -31 -07
12-31-08
12 -31 -08
12 -31 -09
12 -31 -09
12 -31 -09
12 -31 -07
12 -31 -09
Term of office, Voting
Ex-Officio, Non Voting
Ex- Officio, Nonvoting
INDIVIDUALS EXPRESSING INTEREST
Cliff Atnip
ORIGINAL
APPTD. DATE
02 -22 -00
12 -11 -01
12 -10 -02
12 -10 -02
Partner/Real Estate. Cobb, Lundquist and Atnip. Received
B.A. in Finance from Baylor University. Member of the
Rotary Club and Toastmasters. (9/5/07)
Legend:.
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
* *** *Has met six -year service limitation
Stephen T. Bowling
Gerald W. Brown, Sr.
Rodney Buchalter
David Cadena
Robert Cagle
Arturo Casillas
Military Police Watch Commander, United States Navy.
Realtor, O'Neill Realty. Received Bachelor of Science
with Major in Business Management from Liberty
University and Texas State Real Estate License from
University of Texas at Arlington. Activities include:
Member of the Corpus Christi Association of Realtors,
Texas Association of Realtors and National Association of
Realtors. 0-05-06)
Vice PresidentlSenior Analyst, RSI & Associates, Inc.
Received degree's in Economics and Finance from
Northern Virginia. Activities include: Second Baptist
Church Drama Director, History Committee and
Benevolence Committee, Board member of Wounded
Christian Ministries and volunteer for Nueces County
Chapter of the Republican National Committee. (8/30/07)
Manager, Quality and Performance Improvement, First
Data Corporation. Received A.A. from Del Mar College,
B.A. and M.S. from Texas A & M University — Corpus
Christi. Activities include: Member of American Society
for Training and Development and Texas A &M University
— Corpus Christi Alumni Association, and is a Del Mar
College Hall of Fame Inductee (8-30-07
Vice President - Credit Products Underwriter, Bank of
America. Received B.A. from Texas A & M University —
Corpus Christi. Activities include: C.C. Hispanic Chamber
of Commerce and the PDAP Fundraiser. (9-4-07
Vice President - Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and Mechanics and
M.A. in Business Administration. Member of the Rotary
Club of Corpus Christi. (9/5/07)
Officer, Nu gray Intl, Inc. Activities include: Vice-
President for National Council for Equal Business
Opportunities, President of Association of General
Contractors. Received Exemplary Performance — Naval
Facilities Engineering Command, Department of United
States Navy. (1-30-06
Dr. Haysam Dawod
Dr. George H. Fisher
Self-Employed, Dentist. Received BS from Corpus Christi
State University and Doctor of Dental Surgery from
University of Texas, Dental Branch, Houston, Texas.
Activities include: American Dental Association, Corpus
Christi Evening Rotary Club, and Volunteer Dentist for
Clinca Corpus Christi - Guatemala. Graduate of Leadership
Corpus Christi, XXIX. (8-30-07
President, Ear, Nose and Throat Associates. Received
M.D. from the University of Alabama Medical School.
Certified Commercial and Airline Transport Pilot, Single
and Multiengine and Instructor Pilot. Activities include:
Director — American Bank, former member of C.C. Yacht
Club, YMCA and former Chief of Staff of Driscoll
Children's Hospital. (3-30-06)
John Garcia Director of Sales, Bayfront Plaza Hotel and Conference
Center. Attended Del Mar College. Acti
Leon Loeb
Owner, Landlord Resources, LLC. Received MBA from
Harvard University Business School and MBA and Master
of Public Policy from Harvard University Kennedy School
of Government. Activi
Scott Ponton
Richard Pulido
Curtis A. Rock
Reagan Sahadi
Latrice M. Sellers
David Villarreal
Danny D. Williams
Manager, AT &T. Attended the University of Texas at
Austin. Activities include: Executive Committee and State
board member of Coastal Conservation Association, Quail
Unlimited, Ducks Unlimited, SEA and Citizen's
University. (6-19-06
Regional Superintendent /Business Development Officer,
Space and Warfare Command. Received BS, Business
Management from Park University and currently pursuing
Management Graduate Degree at Embry-Riddle University.
Retired Chief United States Navy. Activities include:
Senior Deacon and Chairman — Master Plan Committee at
Real Life Fellowship. (12-18-06
Business Development Manager, Rock Engineering and
Testing Laboratory, Inc. Received B.A. in Management
Information Systems. Activities include: Associated
Builders and Contractors, Leadership Corpus Christi,
World Affairs Council of South Texas, Chamber of
Commerce and Hispanic Chamber of Commerce. (4-04-
06)
Associate Attorney, Donnell, Abernethy & Ki schnic .
Undergraduate in Business from St. Edward's University.
Received Law Degree from University of Houston.
Activities include: Young Lawyers and Corpus Christi Bar
Association. (8-24-07
Department Head FSMIV, Texas Department of Criminal
Justice. Received A.A. in Communications from Del Mar
College. Activities include: Steering Committee for Flour
Bluff I.S.D. Educational Foundation, cable access show
"Community Outreach ", and State Democratic Executive
Committee for Women. (8-30-07)
Financial Advisor, Waddell & Reed, Inc. A.B., Harvard
University. Member of Harvard Club of San Antonio.
Received the Caller Times Distinguised Scholar Award and
Del Mar College Press Club Journalist of the Year Award.
(9/15/06)
Marketing/Driver, Papa Johns. Attended McPherson
College. Volunteer Pop Warner Coach. (4/17/07
Guy Conner Williams
Marsha Williams
Attorney, self - employed. Received Associate in Arts
Degree from Del Mar College, Bachelor of Science Degree,
Criminal Justice, Minor in Accounting from Texas A &I,
Doctor of Jurisprudence, South Texas College of Law,
Houston, Texas. Activities include: Military Order of
Purple Heart, Vietnam Veterans of America, Sheriff's
Association of Texas, Texas State Rifle Association, Life
member of Corpus Christi Morning Coffee Group.
Received the Purple Heart Award. (2-8-07
Realtor, Re/Max Metro Properties. Received B.A. in
Business from Texas A & 1 University Kingsville. Active
member of the Kiwanis Club and the Re/Max Re/Ma Lifetime Hall
of Fame. (9-5-07)
b. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE — Seven (7)
vacancies with terms to 9-01-08 and 9-01-10 representing the following categories: 3-
Regular Members, 2 — nominated by the Museum Auxiliary, and 2 — nominated by Friends
of the Museum. (Mayoral appointment with advice and consent of the Council)
DUTIES: To consult with the Museum Director on operation of the museum, to act as
advisory to the City Council on matters pertaining to the operation, support, and
development of the Corpus Christi Museum.
COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent
of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by
Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall
seek suggestions from Friends of the Museum, Museum Auxiliary, Museum Advisory
Board, and from Board of Trustees of other Corpus Christi school districts. Ex- officio
members shall include the City Manager and Superintendent of CCISD, or their designated
representatives. The term of each advisory member shall be three years.
MEMBERS
Nelida Ortiz, Chair
* *Phyllis Ho werton Riddle (Museum Aux.) — Vice
*****Dr. Alexey Sadovski
Dr. Robert Hather ill (Friends of the Museum)
** *Cheryl Gillenwater (Friends of Museum)
* *Linda Scott (Museum Auxiliary)
Linda Tomo (CCISD)
**Dr. Sharon Brower (Friends of t the Museum)
***Randall Meredith
Dr. Jonda Halcomb
* *Bill Richmond
Dr. Margaret Ellen Bolick
City Manager
CCISD Superintendent
TERM
9 -01 -08
9-01-07
9-01-07
9-01-09
9-01-08
9 -01 -07
9-01-09
9 -01 -07
9 -01 -08
9-01-09
9- 1 -07
9 -01 -09
Ex-officio,
Ex-officio,
ORIGINAL
AI TD,DATE
10-10-06
2 -12 -02
2-13-01
12-20-05
12-14-04
10-12-04
12-20-05
12 -14 -04
9-20-05
10-10-06
10-12-04
9-23-03
nonvoting
nonvoting
(Note: The Museum of Science and History Advisory Committee i recommending the
new appointments of Jim Moloney (Friends of the Museum), Lucia Inez Sosa (Friends
of the Museum), Thomas Kimes (Museum Auxiliary), and Kathy Juneau Museum
Auxiliary).
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
*** *Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
OTHER INDIVIDUALS EXPRESSING INTEREST
Jamie Duff Government Intern, Corpus at Magazine. Received B.A. in
English at Texas A & M University and currently pursuing
M.A. from Texas A & M University — Corpus Christi.
Activities include: Corpus Christi Focus and Church of the
Good Shepherd Bell Choir. (1-06-06)
Luella R. Gipson- Torres Associate Teacher If, Driscoli's Children Learning Center.
Received Associate of Applied Science and
Diploma/Certificate for Early Childhood Development.
Activities include: Salvation Army, American Red Cross,
Phi Theta Kappa Honor Fraternity/Rho Lambda Soroity. 9-07)
Kimberly Harris Executive Director, Innovative Futures dba Purple Elephant
Consignment Received Education in Hospitality
Management and Culinary Arts from Del Mar College.
Activities include: Soroptimist International, Amercian
Cancer Society, March of Dimes and Board of Directors,
American Habilitation Services. Received Public Relations
Honor for Soroptimist International. (5-8-07
Kathy N. Juneau
Thomas Times
Jim Moloney
Retired Chemist, Celanese Corporation. Received BS and
MS from University of Minnesota and PhD from Colorado
State University. Activities include: Volunteer at Museum
of Science and History, Member of Museum of Science and
History Auxiliary, and former Aqua Aerobics Teacher at
YWCA. (9/5/07)
Retired. Received BS, MA, and PhD in Mathematics.
Activities include: Volunteer at Museum of Science and
History and District Deputy Grand Master, Masonic District
37A, Grand Lodge of Texas AF &AM. (9-4-07)
Partner /CFO, Energe Gas Compression Ltd. Received BS in
Management, Rensselaere Polytechnic Institute and MA in
International Management from University of Texas at
Dallas. Activities include: President of Friends of Musuem
of Science & History, Member of Rotary Club of Corpus
Christi, and Member of Harvey Weil
Sportsman Con ervationist Steering Committee. (8-3-07)
Patrick Smith
Lucia Inez Sosa
William Strawn
Programming Consultant, Robbins - ioia. Received BA in
Applied Sciences from Texas A &1- Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, California. (8-21-
07)
Elementary Science Specialist, Corpus Christi Independent
School District. Received Masters Degree in Curriculum and
Instruction. Activities include: School Health Advisory
Council, National Science and Teachers Association and
Teacher of the Year Nominee. (8-22-07)
Traffic Safety Specialist, Texas Department of
Transportation. Received BBA from University of Texas at
Austin, MA from University r of Nebraska at Lincoln.
Activities include: Pilot/Observer Coast Guard Auxiliary
and Bay Yacht Club. (10/31/06)
. NU C S COUNTY COMMUNITY ACTION AGENCY — Three (3) vacancies with
one -year terms to 10-08. (Note: The City's appointees must be public officials.
Traditionally Council ci Members a ve been appointed and if unable to attend meetings,
they design ate taf f or others as representatives)
DUTIES: To develop programs and human resources to provide assistance to the poor of
faeces County.
COMPOSITION: Up to 27 members, three (3) may be appointed by the City
Council and submitted through the County Judge to the Community Action Agency at its
annual meeting in September for confirmation. Number of members f public officials
established annually by the County.
MEMBERS REPRESENTED BY
Council Member Bill Kelly Mike Chavez
Council Member John Marez Angie Flores
*Vacant
*Formerly held by Jesse Loyola
d. HU G S COUNTY TAX APPRAISAL DISTRICT - Two (2) vacancies with two-
year terms to 12-31-09. (The City Council shall submit names for Places 3 and 4 to
Nueces County Appraisal District i efore October 22, 2007)
DUTIES: The district is responsible for making general policy regarding the operation of
the appraisal district i.e., reappraisal programs, analysis of procedures, etc. They are also
responsible for appointing the Appraisal Review Board.
COMPOSITION: Seven (7) members, each shall serve a two -year term and shall have
one vote. Each member of the board shall be selected or elected to fill one place on the
board, which places shall be numbered one through seven. The term of each member
shall begin on January 1 of each even - numbered year. The following entities will
designate board members for the places as listed:
PLACE NUMBER JURISDICTION VOTING ON THIS PLACE
1 and 2 Corpus Christi ISD
3 and 4 City of Corpus Christi
5 Nueces County
6 Urban -Port Aransas to be decided by the following
ISDs: Calallen, Flour Bluff, Port Aransas, City of
Port Aransas, Tuloso-Midway ISD, and West Oso
7 Rural-Agribusiness to be decided by these: Agua
Dulce ISD, City of Agua Dulce, Banquete ISD,
Bishop ISD, City of Bishop, Driscoll ISD, City of
Driscoll, London ISD, Robstown ISD, City of
Robstown, and Santa Cruz ISD.
MEMBERS T ERM
Place 1: Eloy H. Salazar, Chairman 12-31-07
Place 2: Anna M. Mores 12 -31 -07
*Place 3: Robert Adler 12 -31 -07
*Place 4: Paul Grivich, Vice Chair 12 -31 -07
Place 5: Ed Lopez 12 -31 -07
Place 6: Paul Atheide 12-31-07
Place 7: John Sendejar 12 -31 -07
Ramiro R. Canales, Ex-Offico Member
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Robert Adler (Place 8 6 75%
Paul Grivich (Place 8 6 75%
OTHER INDIVIDUALS EXPRESSING INTEREST
Cliff Atnip
Richard Bailey, Sr.
Sandra J. Billish
Stephen T. Bowling
Evy Coppola
Partner/Real Estate. Cobb, Lundquist and Atnip. Received
B.A. in Finance from Baylor University. Member of the
Rotary Club and Toastmasters. (9-5-07)
DistributionlLogistics Team Leader, E.I. Dupont Received
B.A. and currently pursuing M.B.A. from Texas A & M
University — Corpus Christi. Has received numerous
awards for safety and cost related issues and is certified as
a 6 Sigma Green Belt (Statistical Analysis). Active as a
member of St. John Baptist and affiliated with OLPH
Catholic Church. (9-06-07
Retired, Allstate Insurance. Recipient of Customer Service
Awards. Activities include: Member of the Padre Island
Business Association, Padre Island Enrichment Club,
Corpus Christi Neighbors on Watch, YMCA Board
Member, and St. Andrew By The Sea Altar Rosary Society.
(8-8-07)
Military Police Watch Commander, United States Navy.
Realtor, O'Neill Realty. Received Bachelor of Science
with Major in Business Management from Liberty
University and Texas State Real Estate License from
University of Texas at Arlington. Activities include:
Member of the Corpus Christi Association of Realtors,
Texas Association of Realtors and National Association of
Realtors. (10-05-06)
Owner, Pathways to Wellness. Activities include:
Founder/Director of Extraordinary Business Women
Owners, League of Women Voters, Westside Business
Association, Barrios Association and Yoga Alliance. (9-6-
,07
Loretta Graham
Fred Greenberg
Glenn R. Jones
Coeta Montgomery
Hortencia B. Sanchez
Latrice M. Sellers
Jonathan Wagner
Assistant District Attorney, Nueces County. Received J.D.
from Texas Southern University. Activities include:
Coastal Bend Volunteer Center, Community Youth
Development, Corpus Christi Bar Association, and
NAACP. Recei
Agent, State Farm Insurance. Received BA. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (9-6-07
e. SISTER CITY COMMITTEE — Eight vacancies with terms to 9 -9 and 9-10.
DUTIES: To study ways and means of improving relations with the Corpus Christi sister
cities and to advise and consult with and assist the Mayor, the City Council, the City
Manager and all other City agencies, boards and officials in accomplishing the purposes
of the Sister City program.
COMPOSITION: It shall consist of a Steering Committee of twenty -one members and
various subcommittees, members who shall be broadly representative of the racial,
religious and ethnic groups in the community. The members shall be appointed by the
City Council and shall serve three -year terms or until their successors are appointed and
qualified. The Steering Committee shall be responsible for the overall administration and
implementation of the City's Sister City program. There shall be a subcommittee for
each sister city authorized by Resolution of the City Council. Members of each such
subcommittee shall be appointed by the Steering Committee plus members from the
community at large as deemed necessary and sufficient by the Steering Committee. Each
subcommittee shall be responsible, under the direction of the Steering Committee, for
primary study, liaison and recommendations for each sister city. The offices of the
committee shall consist of a General Chairman, V- Chairman for each of the Sister City
subcommittees established in accordance with Sec. 2-152. The Chairman and each vice -
chairman shall be elected by majority vote of the sister city committee annually. If the
General Chairman is absent, a vice - chairman shall be elected from the committee to serve
as General Chairman during his/her absence.
OMGINAL
MEMBERS TERM APPTD. DATE
****John Rocha, Chair 9-09 9 -23 -03
* **Dr. Ridge Hammons 9 -09 2-15-05
*Randy Farrar 9-07 6 -11 -02
****Coeta Montgomery 9-07 1-16-07
Sukhbir Singh 9-08 9 -12 -06
Farley L. Frazier 9-10 6-12-07
Rose Gunji 9-08 11-08-05
Ellen Murry 9-08 4-16-02
Jonathan E. Lancaster 9-08 6-12-07
*Heather Stanton Moretzsohn 9-07 9-14-04
*Guillermo "Willie" Perez 9-07 1-16-07
*Westi Horn 9-07 64 5-04
Ann Jaime 9-08 6 -13 -00
*Almira Flores 9 -07 9 -12 -06
Tim Dowling 9-10 7-10-07
Drew Matlock Reining 9-10 7-10-07
Javier M. Morin 9-08 7-10-07
Drue Combs 9-09 9-12-06
Flicka Rahn 9-09 64 5 -04
George B. Kopf 9-09 6-12-07
Sharon L. Phillips 9-09 9 -9 -2
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
(Note: The Sister City Com m i tee is recommending the new xppoin m en t of f Brenda
(Brandt) Williams and Alfonso Trujano, Jr.)
ATTENDANCE CE RECORD OF MEMBERS SEEKING REAPPOINTMENT
TMENT
NO. OF MT S. NO. % OF ATTENDANCE
CE
NAME THIS TERM PRESENT LAST TERM YEAR
Randy Farrar 10 10 100%
Heather Stanton Moretzsohn 10 10 100%
Guillermo "Willie" Perez 6 5 (1ec 83%
Westi Horn 10 10 100%
Almira Flores 10 9 90%
OTHER INDI IDUALS EXPRESSING INTEREST
Matthew Demartino Officer/Pilot, United States Navy. Received Bachelor of Science
from Cornell University. Currently enrolled in Ameri
Michael San Miguel Instructor Program Coordinator, Career Centers of Texas.
Received BS from University of Texas, San Antonio.
Activities include: Member of the Hispanic Chamber of
Commerce and Volunteer in assisting students obtain their
GED. Received Award for Employee of the Quarter and
Instructor of the Month. (5-25-07)
Alfonso Trcuj ano Jr. Senior Designer/Project Manager, Maverick Engineering,
Inc. Received B.S. in Civil Engineering and Graduate
courses on Civil Engineering. Secretary of the American
Society of Civil Engineers and TSPE member. Received the
Excellence on Leadership Award and nominated for 2004
Torch Award for Marketplace Ethics. (6-26-06
Brenda "Brandi" Williams Owner, 7bstage Theater & Resources Management, LLC.
Received AA — Human Resources Management from
University of Maryland, European Division. Activities
include: Stage Manager for Heritage Park International
Cultural Festival and Member of the Board of Directors, The
Ritz Revival, PATCH. (7-18-07)
Danny Williams MarketinglDriver, Papa Johns. Attended McPherson
College. Volunteer Pop Warner Coach. (4-17-07) 7
f. SMALL BUSINESS ADVISORY COMMITTEE — One (1) vacancy with terra to 8- 01 -10.
DUTIES: To advise the Economic Development Office on projects and programs to i
Ronnell Bright
Rebecca Esparta
Sergio Ome las
George E. Pollakis
Michael San Miguel
Financial Products Sales Specialist, April Roberts
State Farm Agency. Received B.S. Degree in
Business Administration from Florida ABM
University and Masters of International Business
Administration from University of Miami. Activities
include: Corpus Christi Chamber of Commerce,
Corpus Christi Black Chamber of Commerce and
Computer Teacher at Greenwood Senior Recreation
Center. (4-12-07)
Public Relations Consultant. Received Associate in
Arts, Journalism from Del Mar College, Bachelor of
Business Administration, Marketing and Master of
Business Administration from University of the
Incarnate Word, San Antonio. Activities include:
Board Member — American Cancer Society and Co-
founder and co- facilitator, M.D. Anderson Cancer
Support Group. (2-26-06
President, Omelas Contruction Group, Inc. Served in
the United States Marine Corp. Activities include:
former member of the Hispanic Contractors, former
Vice President of HCA de Tejas and current member
of the Associated Builders and Contractors. --
06)
President, Vick's Famous Hamburgers, Inc,
Received Associates Degree in Restaurant
Management from Del Mar College and Culinary
Upgrade Training from U.S. Navy. Member of the
Coastal Bend Restaurant Association. Received Food
and Beverage Manager of the Year and 2005 Dining
Gem of Corpus Christi Award. (3-03-06
Instructor/Program Coordinator, Career Centers of
Texas. Received BS from University of Texas, San
Antonio. Activities include: Member of the Hispanic
Chamber of Commerce and Volunteer in assisting
students obtain their GED. Received Award for
Employee of the Quarter and Instructor of the Month.
(5-25-07)
Alfonso Trujano, Jr.
Senior Designer/Project Manager, Maverick
Engineering, Inc. Received B.S. in Civil Engineering
and Graduate courses on Civil Engineering.
Secretary of the American Society of Civil Engineers
and TSPE member. Received the Excellence on
Leadership Award and nominated for 2004 Torch
Award for Marketplace Ethics. (6-26-06
3
Requested Council Date: 9/11/07
Alternate Date: 9/18/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for polyethylene pipe, fittings, and
risers from the following companies for the following amounts in accordance with Bid Invitation
No. I- 017907 based on low bid for an estimated annual expenditure of $221 ,178.55. The term of
the contract will be for twelve months with an option to extend for up to two additional twelve-
month periods subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Gas Department in FY 2007 -2008.
Cooper Supply Inc.
Corpus Christi,Tx
Group No,: 1
$121,080.00
Gajeske, Inc.
San Antonio, Tx
Group No.'s: 2, 3, 4 & 5
$1 00,098.55
Grand Total: $221,178.55
BACKGROUND:
Purpose: The polyethylene pipe, fittings, and risers are used by the Gas
Department for the construction of new gas lines and the maintenance
of existing lines.
Previous Contract: The option to extend the previous contract was not exercised due to
new items added to the contract.
Bid invitations Issued: Nineteen
Bids Received: Six
Price Analysis: When compared to the previous contract of fiscal year 2006, pricing
has decreased approximately 19 %.
Award Basis:
Funding:
Low Bid
as Department
520160 -4130 -34130
Michael
Assistant Director of Financial Services
$221,178.55
•
4
Requested Council Action: 9/11/07
Alternate Date: 9/18/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a professional services agreement for veterinary
services with Thomas House, DVM of Corpus Christi, TX, in the amount of $106,140 of which
$88,450.00 is required in FYO7 -08. The term of the agreement will be for one year with an
option to extend for up to two additional twelve month periods subject to the approval of the
supplier and the City Manager or his designee. Funding is available in the Health Grants Fund
for FY 07-08.
Purpose:
Award Basis:
This service agreement will provide professional veterinary
services necessary to provide surgical sterilization, examination of
seized animals, administration of rabies vaccinations and minor
and preventative veterinary care in addition to the provision of a
veterinary technician.
in December 2006 the City issued a Request for Proposal for this
professional service to 120 prospective veterinarians. No
responsive proposals were received. Since that time, City staff has
been searching for a provider for these services and has reached an
agreement with Thomas House, DVM. This contract is exempt
from the competitive bidding statutes pursuant to Local
Government Code Chapter 252, Sec. 252 022, paragraph (4)
procurement for personal, professional or planning services.
Funding: Funding is provided through a grant from the Morris L.
Lichtenstein Jr. Foundation of Corpus Christi, TX.
1066- 830304 - 530000
FYO7-08
Michael : arrera
Assistant Director of Fin vial Services
$88,450.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
N
PRICE SHEET
BI-0095-07
VETERINARY SERVICES
BUYER: EFL. PAUL PIERCE
THOMAS HOUSE, DVM
Corpus Christi, TX
Item VENDOR QTY UNIT PRICE TOTAL PRICE
One -year professional service agreement
1. for veterinary services 1 $106,140.00 $106_,140.00
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: $epternker 11, 2007
AGENDA ITEM
Resolution authorizing the City Manager, or his designee, to submit a grant application in the amount
of $ 18,000 to the Texas Department of Public Safety, Governor's Division of Emergency
Management, Hazardous Materials Emergency Preparedness Grant Program for public awareness
brochures, school book covers, production and broadcast of public service announcements, and to
conduct an emergency response exercise, with a hard match of $3,600,
ISSUE: Nueces County is a highly industrialized community with a high risk for emergencies
involving hazardous materials. Nueces County has major hazardous material highway transportation
routes (i.e. IH- ; US 77; US 181), hundreds of miles of pipelines (represented by 69 companies),
major railways (TexMex ex and Union Pacific), over 10 major petroleum/chemical plants, a military
base, and the 7th largest port in the U.S. In 2006, over 300 facilities reported using, storing, or
manufacturing a hazardous substance or extremely hazardous substance above its Threshold
Planning Quantity. Over 90 percent of the County's 317,000 people live within 10 miles of a "high
risk" area. The general public requires constant education on the potential risks and proper actions to
take in a chemical emergency; additionally local responders need continual training and practice in
responding to such an event.
REQUIRED COUNCIL ACTION: Approval of Resolution as presented.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION:
Staff recommen ds approval of the resolution authorizing the City Manager, or his designee, to
submit a grant application in the amount of $18,000 to the Texas Department of Public Safety
Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning,
which will require a 20% City hard match of $3,600.
Fire Chief
Attachments:
1. Resolution
2. Application
CADocuments and ttings\RickR\My Docurnents\LEPC\GrantAppli200708.doc
BACKGROUND INFORMATION
The United States Department of Transportation, passed through the Governor's Division of
Emergency Management, annually offers the Hazardous Materials Emergency Preparedness grant for
Local Emergency Planning Committees (LEPCs) in Texas. The City of Corpus Christi 1 Nueces
County LEPC has utilized these grants to conduct public outreach about hazardous materials and
conduct emergency response exercises.
CADocuments and ettings\Ri kR\My Documents\LEP \ rantAppli 00708.doc
FYO8 HMEP Planning Grant Application
HMEP Application Coversheet
Local Emergency Planning Committee
1. APPLICANT INFORMATION
a. Legal Name of LEPC county or city:
City or Corpus hristilNuees County LEPC
b. Name of Grant Manager:
Maricella Cuevas, LEPC Administrator
PLEASE TYPE ALL INFORMATION
Geographic area covered:
Nueces County
Fax:
361 -887 -7385
. Name of person writing final summary letter:
Maricella Cuevas, LEPC Administrator
d. Name of person who will administer funds:
Rick Ramos, LEPC Treasurer
Telephone:
361426 -3938
Fax:
361 - 887 -8053
Address:
2406 Leopard St., Suite 300
Corpus Christi, TX 78408
e -mail address: rickr@cctexas.com
e. County or City's Vendor Identification Number: 74 -6000 754
2. CERTIFICATION
To the best of my knowledge and belief, all information in this application is true and correct. The document has
been duly authorized by the [county judge, mayor, city manager] and a majority Vote of the Local Emergency
Planning Committee. The City of Co s us Christi will serve as
fiscal went for the . r `e t and com • 1 with all contractual obligations if assistance is provided.
NAME OF LEPC CHAIR: SIGNATURE
Chief Richard Hooks
TELEPHONE: 361 -826 -3932 DATE:
.FAX. 361- 826 -431 6 = '9/4
NAME OF AUTHORIZED AGENT: George "Skip" K. Noe
TITLE: City Manager
SIGNATURE
TELEPHONE: 361-826-3222
FAX: 361- 826 -3839
3. DATE RECEIVED BY GDEM:
DATE:
Page 11
FY08 HMEP Planning Grant Application
Project Narrative
(Page 1 of 3)
Citv pu
Of Cors Christi!Nueces CountV
Local EmerqencyPlanninq Committee
(Legal Name of LEPC county or city)
Section 1: Problem Statement and Data
(Limit to 100 words)
Nueces County is a highly industrialized community with a high risk for emergencies involving
hazardous materials. Nueces County has major hazardous material highway transportation routes
(Le. IH-37; US 77; US 1914, hundreds of miles of pipelines (represented by 69 companies), major
railways (TexMex and Union n Pacific), over 10 major petroleum /chemical plants, a military base, and
the largest port in the U.S. In 2007 over 300 facilities reported using, storing, or manufacturing a
hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over
90 percent of the County's 317,000 people live within 10 miles of a `high risk" area. The general
public requires constant education on the potential risks and proper actions to take in a chemical
emergency, as well as local responders need continual training and practice to responding to such an
event.
Section 2: Goal Statement
(Limit to 100 words)
The LEPC is committed to using all mediums available to educate the public as to the potential
risks and hazards that are associated with the transportation, storage, and use of hazardous
materials. In addition, the LEPC will continue to educate the public on the proper actions to tale in
the event of a hazardous chemical accident or release. The LEPC will also continue in the
coordination and planning of emergency response agencies, including organizing emergency
response exercises.
Section 3: Areas & Population Served
Limit to 100 words)
Tr--
The outreach portion of the project is expected to reach over 90% of people across all dem r p hics
of Nueces County Pest. pop. 17,000) and its adjacent communities, employing several different
dilivery mediums. In addition, a portion of the project is specifically aimed at reaching at least 25,000
Nueces County school children and their families living along major hazardous material
transportation areas.
A planned table top exercise will be targeted at cooperative planning and responses between the
County's response agencies including the Corpus Christi Port Authority and the Coast Guard. The
senerio will simulate a hazardous chemical spill in the channel of the Corpus chrsit Port.
Page 12
FYO8 HMEP Planning Grant Application
Project Narrative
(Page2 of 3)
Section 4: Planned Project Objectives
(Limit to space below — do not use continuation page)
The LEPC will broadcast television and radio public service announcements during the spring of
2008. This will include several English and radio spots that will be rotated on local stations, as well as
cable.
The LEPC will contract with the book cover printing company that has exclusive supply agreements
with the schools of Nueces County. They will work with the LEPC to print and locate 25,000 covers
with the LEPC chemical safety message in schools in or near "high risk" areas. The book covers will
be delivered to schools in August of 2008 for use during the 2008 -2009 school year.
Public awareness brochures will be printed and mailed through the City of Corpus Christi June utility
bills.
A table- top- exercise is planned to test the following:
- Test inter- agency cooperation and communication.
- Test emergency response capability of Port of Corpus Christi, fire fighting a barge.
- Test emergency response capability of City of Corpus Christi, Fire and Police departments for
public notification and evacuation.
- Test U. S. Coast Guard Emergency Response.
Section 5: Measurement & Evaluation
(Limit to space below — do not use continuation page)
The LEPC Spring 2008 Outreach Campaign is expected to reach most, if not all, of the over 300,000
Nueces County residents, as well as many people from the surrounding communities. The TV and
radio campaign should reach the 90,000 of adults 18+ at least once. The educational brochures in the
utility bill mailings will reach approximately 89,000 households. There will be 25,000 book covers
delivered to schools in `high risk" areas that are estimated to immediately reach over 62,000 people
(including students, teachers, administrators, and family). The planned exercise should test the
emergency plans of several response agencies.
The success of the outreach campaign should be reflected by an increase in website traffic which is
directly measurable. The exercise success will be measured by the "After - action Report" conducted
and evaluated by all response parties involved.
Our most recent community survey (2006) concluded that only 55% of the people had seen
information regarding how to prepare for a chemical emergency, however, 60% of those say they
heard about it on television. 53% of people said they know enough about preparing for chemical
emergencies, however, only 22% have done anything to prepare.
The LEPC's goal is for 70% of the population to know about a Personal Safety Plan and how to
prepare and respond during a chemical emergency. The goal of the exercise is promote inter- agency
coordination of response plans and communications.
Page 13
HMEP Planning Grant Application
Project Narrative
(Page3of3)
Section 6: Project Summary
Nueces es County is a highly industrialized community with a high risk for emergencies involving
hazardous materials. Nueces County has major hazardous material highway transportation routes
(i.e. 1H- ; US 7; US 181.), hundreds of miles of pipelines (represented by 69 ompanies), major
railways (TexMex and Union Pacific), over 10 major petroleum /chemical plants, a military base, and
the largest port in the U.S. In 2006, over 300 facilities reported using, storing, or manufacturing a
hazardous substance or extremely hazardous substance above its Threshold Planning Quantity3.
Over 90 percent of the County's 317,000 people live within 10 miles of a "high risk" area. The
general public requires constant education on the potential risks and proper actions to take In a
chemical emergency, as well as local responders need continual training and practice to responding
to such an event.
The LEPC continues to spread the message about the potential for chemical emergencies and what
actions to take in the event of a chemical incident. A new brochure will be developed for the 2008
mail -out. The LEPC stresses such messages as:
Bee in the Know! (a play on words incorporating our bee mascot)
Bee Prepared! — Have a Personal Safety Plan
Bee Alert! — Chemicals are Everywhere
Bee Aware! — Know the signs of a chemical emergency
This project is expected to reach an overwhelming majority of the over 300,000 Nueces County
residents by at least one of several delivery mediums. The TV and radio campaign should reach the
90,000 of adults 18+ at least once. A brochure mail out in the City of Corpus Christi utility bill will
reach approximately 89,000 households. School book covers will be delivered to 25,000 students in
"high risk" areas. These covers are expected to immediately reach over 62,000 people (including
students, teachers, administrators, and family). In addition to providing crucial emergency
information, each advertising medium will also lead the audience to visit our website
vrr rvw. Iep . rq which contains more comprehensive safety information.
The LEPC has also planned a multi- agency table -top exercise to be designed and proctored by a
professional emergency response training organization. The table-top exercise will test the
emergency operations plans and Interoperability of several response agencies. The scenario will
consist of a deep draft vessel (tanker loaded with crude oil) colliding with a string of free fully loaded
barges in the Corpus Christi Ship Channel. As a result of the collision, two of the barges ignite
releasing toxic smoke. The third barge has cracked and is releasing toxic vapors and in danger of
igniting. An After - Action report conducted by all agencies involved will provide valuable feedback
for the improvement of the agencies' response plans and preparations.
Page 14
FYO8 HMEP Planning Grant Application
HMEP Budget Summary
(Page 1 of 3)
5 If the local match will be in kind, rather than cash, describe how the match will be provided. See
paragraph 4, Budget, on page 3 of the HMEP Planning Grant Application for further information on
eligible match items.
6 See HMEP Budget Analysis, Page 17
Page 15
Cit of Cor us Christialustces County
Local Emergencv Planning
Cmmie
BUDGET
CATEGORIES
GRANT FUNDS
(80%)
LOCAL MATCH5
(20%)
TOTAL PROJECT
FUNDS
a. Travel
0
0
0
b. Supplies
lis-
(Attach a detailed list)
0
0
0
c.
(Part-time i temporn
0
d. Contractual
$14,400
$3,600
$18,000
e. Other
0
0
0
, Totals
Sum of a -e
$14,400
$3,600
$18,000
FISCAL YEAR
ACTUAL LEPC PLANNING ACTIVITY
EXPENDITURE EXCLUSIVE OF FEDERAL
FUNDS
. 200
--- -
79,694.81
h. 2007
72,656 23
1. Total LEPC Expenditure
152,35t04
J. Average of past two years
kD44T'
k. !certify the average of the past two years for
planning will be spent in addition to the 20%
cost share for the grant.
LEPC
Signature:
Chairpe on. Richard Hooks
- I.11 , Date: F
5 If the local match will be in kind, rather than cash, describe how the match will be provided. See
paragraph 4, Budget, on page 3 of the HMEP Planning Grant Application for further information on
eligible match items.
6 See HMEP Budget Analysis, Page 17
Page 15
FY08 HMEP Planning Grant Application
HMEP Budget Detail
(Page2 of 3)
City of Corpus Christi /Nueces County
Local Emergent Plannin. Committee
Le! al Name of LEPC coon or ci
Travel:
Supplies:
Salary:
Contractual Services:
• $4,000 Design, production, and delivery of ,000 book covers to "high risk" Nu es
County Schools.
• $2,000 Printing of 89,000 information brochures to be delivered in the City of Christi utility
bill mailing.
• $4,000 Professional Services to design and conduct an emergency response table -top
drill.
• $4,400 Airing of TV /Radio commercials.
$3,600 Hard Match b FY 2007-08 LEPC Bud ! et for airin * additional TV and Radio Commercials
Other:
Page
16
FY O8 HMEP Planning Grant Application
HMEP Budget Analysis for 2006 2007
(Page 3 of 3)
City of Corpus Christi / ue es County
. LEPC
2006 Authorized planning project(s)
_ .__ :_.. - -- -- �
Expenditure for planning project(s) (Do not include
Federal Funds)
-. - -- - - - - -- - - -_
Fund LEPC Office and Full-tie
Administrator /Coordinator to include interagency
coordination, emergency operations planning,
community outreach, hazardous material training
' and exercise coordination
$75,694.81
Advertising and other outreach expenditures,
including TV /Radio commercials and production,
calendars, brochures, mail- outs #etc
$4,000.00
2006 Total planning project expenditures: $79,694.81
-- - -- - -- - .- - -.v - - --.- - -- -- -
7 Authorized planning project(s)
Expenditure for planning project(s) not include
Federal Funds)
Funded LEPC Office and Full -time
Administrator /Coordinator to include interagency
coordination, emergency operations planning,
community outreach, hazardous material training
and exercise coordination.
$68,017.63
Advertising and other outreach expenditures
including purchasing advertising space in several
publications. Developed our own interactive website.
$4,638.60
- - — -
2007 Total planning project expenditures: $72,656.23
Page 17
FYO8 HMEP Planning Grant Application
city of Corpus Christi/Nueces Count
Local Em&qency Planninq committee
HMEP Planning Grant Survey
Please complete this survey as part of your HMEP Planning Grant Application Package.
The following questions about the jurisdiction within your LEPC will be used as art of
the grant application scoring process.
Survey Items
Yes
No
0
L
Question
Does the jurisdiction(s) served Y the LEPC have a current basic
L7mergency management plan and annexes?
Does the jurisdiction(s) served by the LEPC have a current Hazard
Analysis?
❑ Has the jurisdiction(s) served by the LEPC taken an active role in
emergency management training? Are there efforts being made to
provide training for all personnel involved in emergency management?
Has the jurisdiction(s) served by the LEPC taken an active role in
providing hazardous material training for their emergency response
team?
Are the fire fighters trained to the operations level or are plans in place to
have them trained to the operations level within this fiscal year?
Has the jurisdiction(s) served by the LEPC taken an active role in
providing hazardous material awareness training for the public works
employees, police officers and any others that might respond to a
hazardous materials incident?
1 Are public works employees, police officers and any others that might
respond to a hazardous materials incident trained to the awareness level
or are there plans in place to provide this training within this fiscal year?
Has the jurisdiction(s) served by the LEPC conducted a hazardous
material training exercise in the past three years?
11:4
Does the LEPC have an education and outreach ro ram concerning
p g g
hazardous materials in place?
IR1
Has your LEPC applied for a HMEP grant in the past two years?
[21
Can your community provide the soft match required with this grant?
Can your jurisdiction complete this project within the time allotted?
Page 19
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR 1115 DESIGNEE, TO
SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $18,000
TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY,
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT,
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
GRANT PROGRAM FOR PUBLIC AWARENESS BROCHURES,
SCHOOL BOOK COVERS, PRODUCTION AND BROADCAST
OF PUBLIC SERVICE ANNOUNCEMENTS, AND TO CONDUCT
AN EMERGENCY RESPONSE EXERCISE, WITH A HARD
MATCH OF 53,600.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. That the City Manager, or his designee, is authorized to subunit a grant
application in the amount of $18,000 to the Texas Department of Public Safety,
Governor's Division of Emergency Management, Hazardous Materials Emergency
Preparedness Grant Program for public awareness brochures, school book covers,
production and broadcast of public service announcements, and to conduct an
emergency response exercise, with a hard match of $3,600.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form
Henry Garrett
Mayor
2007
Joseph Harey
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of , , 2007
The above resolution was passed by the following.vote:
Henry Garrett
Melody Cooper
Larry Elh ondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
6
CITY COUNCIL
AGENDA MEMORANDUM
city Council Action Date: 11
AGENDA ITEM:
A. Motion authorizing the city Manager or his designee to accept a grant in the amount
of $236,403 from the U. 8. Department of Justice, Bureau of Justice Assistance, for
funding eligible under the FY 2007 Edward Byrne Memorial Justice Assistance Grant,
50% of the funds to be distributed to Nueces county under an established interlocal
agreement and to execute all related documents.
B. Ordinance appropriating $236,403 from the U. S. Department of Justice, Bureau of
Justice Assistance in the No. 1061 Police Grant Fund to purchase lair enforcement
equipment for the Police Department and Nueces County.
ISSUE: The Department of Justice provides funding opportunities each year in an effort
to reduce crime and improve public safety through various methods, including the
procuring of equipment, technology, and other material directly related to basic law
enforcement functions.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds
PREVIOUS COUNCIL ACTION: Approval to enter into an interlocal agreement with
Nueces County and permission to submit the grant on 06120107.
FUNDING: There is no match required of the grant. Funds are available fora 4 -year period
beginning 10/01/2006 (the first fiscal year of the appropriation)
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
Bryan P. Smith
Chief of Police
Attachments:
• Award document from U.S. Department of Justice
• interlocal Agreement with Nueces county
BACKGROUND INFORMATION
The JAG funds have been received for 3 years; prior to that they were known as the Law
Enforcement Block Grant funds. Since 1999, we have been declared a disparate jurisdiction and
have agreed to split the funds 50/50 with Nueces County; each entity filed an application separately
and handled financial and performance reporting separately. A disparate allocation occurs when a
constituent unit of local government is scheduled to receive one and one half times more (four
times more for multiple units of local government) than another constituent unit(s), while the other
unit of local government bears more than 50% of the costs of prosecution or incarceration that
arise for Part 1 violent crimes reported by the geographically constituent unit(s).
Under the new guidelines, jurisdictions certified as disparate were required to submit a joint
application for the aggregate of funds allocated to them, specifying the amount of the funds to be
distributed to each of the units of local goverment and the purposes for which the funds will be
used. The JAG application process required an inter local agreement with Nueces County indicating
who would serve as the applicant/fiscal agent for the joint funds. The City and County staff met
and agreed that the City would serve as the lead agency.
JAG funds can be used for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support, and information systems for criminal justice for any one
or more of the following purpose areas:
• Law enforcement programs • Prosecution and court programs
• Prevention and education programs - Drug treatment programs
• Corrections and community corrections programs
• Planning, evaluation, and technology improvement programs
With this award, the program has provided a total of $3,715,802 in grant funds to the City since the
program began in 1996. The funds have been used to purchase backbone equipment for the Mobil
Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a
property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van,
digital cameras, radars, video cameras, personal computer hardware and sofware, an upgrade to
the computer system and the radio microwave system, a mobile police substation, polygraph
instrument, air packs, SWAT rescue vehicle, and other police equipment.
The Police Department proposes to purchase law enforcement equipment within the Attorney General
Priority areas of gang enforcement prevention, cybercrime, and intelligence analysis.
Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the
District Attorney's office and other law enforcement equipment.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
August 27, 2007
Mr. George Noe
City of Corpus Christi
1201 Leopard, City Hall
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Dear Mr. Noe:
Washing /on, D.0 20531
On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of justice Programs has
approved your application for funding under the FY 07 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in
the amount of $236,403 for City of Corpus Christi.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance ofa minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Esmeralda Womack, Program Manager at (202) 353 -3450; and
- Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458 -0786, or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
t
Domingo S. Henziz
Director, Bureau of Justice Assistance
Enclosures
Department of Justice
Office ofJustice Programs
Office for Civil Rights
Washingion, D. . 20531
August 27, 2007
Mr. George Noe
City of Corpus Christi
1201 Leopard, City Hall
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Dear Mr. Noe:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt
of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of
Justice Programs (OJP), U.S. Department ofJustice is responsible for ensuring that recipients of financial aid from
JP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of
Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that
come with Justice Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,
color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to
employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs
or activities from discriminating on the basis of age in the delivery of services or benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
in accordance with Department ofJustice Guidance pertaining to Title 'f of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access
to their programs and activities for persons with limited English proficiency (LEP). For more information on the
civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the
website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department ofJustice has published a regulation specifically pertaining to the funding of faith -based
organizations. In general, the regulation, Participation in Justice Department Programs by Religious
Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the
Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations
the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation,
religious name, or the religious composition of its board of directors.
The regulation also prohibits faith -based organizations from using financial assistance from the Department of
Justice to fund inherently religious activities. While faith -based organizations can engage in non - funded
inherently religious activities, they must be held separately from the Department ofJustice funded program, and
customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation al
State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as
amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as
amended, contain prohibitions against discrimination on the basis of religion in employment. These employment
provisions have been specifically incorporated into 28 C.F.R. Part 38.1(0 and 38.2(0. Consequently, in many
circumstances, it would be impermissible for faith -based organizations seeking or receiving funding authorized by
these statutes to have policies or practices that condition hiring and other employment - related decisions on the
religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on
OCR's website at http : / /www.ojp.usdoj.govlocr /. Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to this Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant
award, or the number of employees in the workforce, are subject to the prohibitions against unlawful
discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from
both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year
for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment
opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the
nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42
U.S.C. § 789d c , or other Federal grant program requirements, must meet two additional requirements:(1)
complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan
(EEOP), 28 C.F.R. § 4.01 -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §
42.205(5) or 31.202(5))
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or
certain Federal grant program requirements, your organization must comply with the following EEOP reporting
requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both
full- and part - time employees but excluding political appointees), then it has to prepare an EEOP and submit it to
OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please
consult OCR's website at http:// www.ojp.usdoj.govlocr /eeop.htm. You may also request technical assistance from
an EEOP specialist at OCR by dialing (202) 616 -3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your
organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead,
your organization has to maintain the EEOP on file and make it available for review on request. In addition, your
organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can
be found at http://www.ojp.usdoj.goviocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees,
regardless of the amount of the award; or if your organization is a medical institution, educational institution,
nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However,
your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form
can be found at http:// www.ojp.usdoj.gov /ocrleeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of
discrimination against your organization after a due process hearing, on the ground of race, color, religion, national
origin, or sex, your organization must submit a copy of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also
comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing
and submitting an ESOP, reporting Findings of Discrimination, and providing language services to LEP persons.
State agencies that make subawards must have in place standard grant assurances and review procedures to
demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,
please call OCR at (202) 307 -0690 or visit our website at http://www.ojp.usdoj.goviocri.
Sincerely,
t
a. fail,--
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
Office of Ju t1 Programs
.
:i:: � Department of Justice
`\ :_l Bureau fJutl Assistance
t
Grant
PAGE I OF
1. RECIPIENT NAME AND ADDRESS {Including Zip Code}
City of Corpus Christi
1201 Leopard, City Hail P.O. Box 9277
Corpus Christi, TX 78469 -9277
4. AWARD NUMBER: 2007- DJ -13X -11 3
5. PROJECT PERIOD: FROM 10101/2046 TO 0913012010
BUDGET PERIOD: Ii ROM 10/01/2006 TO 0913012010
6. AWARD DATE 08/27/2047
7. ACTION
Initial
1A. GRANTEE IRS/VENDOR NO.
746000576
8. SUPPLEMENT NUKER
00
9. PREVIOUS AWARD AMOUNT S 0
3. PROJECT TITLE
2007 Justice Assistance Grant
10. AMOUNT OF TillS AWARD S 236,403
11. TOTAL AWARD 236,403
12, SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT I8 APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE AT'I'CHI3D PAGES.
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under42 U.S.G. 3751(a) (BJA - JAG Formula)
1. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
C. TYPED NAME AND TITLE OP APPROVING OFFICIAL
Domingo S. Herraiz
Director, Bureau ofJustiee Assistance
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
George Noe
City Manager
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DI.
YEAR CODE ACT. OFG. RE. SUS. POMS AMOUNT
x B DJ 80 00 00 236403
21. DJ07U00878
Department of Justice
Office of Justice Programs
Bureau of Justi
Assistance
AWARD CONTINUATION
SHEET
PROJECT NUMBER 2007 -D3 -B -116 AWARD DATE 08/27/2007
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs JP Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States,
Local Governments, and Non - Profit Organizations, as further described in the current edition of the OJP Financial
Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related
federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by
a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following
activities will be related to the use of the grant funds.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of
Historic Places orb located within a 100 -year flood plain;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size; and,
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
Ow FORM 4000/2 (REV. 4 -88)
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
PROJECT NUMBER 2007 -DJ -BX -1163 AWARD DATE 08/2712007
SPECIAL CONDITIONS
6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA)
relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of
clandestine methamphetamine laboratories [hereinafter, "meth lab operations "]. No monies from this award may be
obligated to support meth lab operations unless the grantee implements this special condition.
The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement
Administration, and the Office for Community Oriented Policing Services, prepared a Program -level Environmental
Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental,
health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions
under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and
conditions shall apply to the grantee for any OW funded methlab operations:
A. The grantee shall ensure compliance by OJP funded sub - grantees with federal, state, and local environmental,
health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals,
equipment, and wastes resulting from those operations.
B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of
accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety
impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition.
C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine
mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation
Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special
condition)
7. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of
clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law
enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine
laboratories;
3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required
safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed
laboratory;
5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated
materials and wastes from the site(s) of each seized laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities
or, when allowable, at properly licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above
in order to ensure proper compliance;
8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement
must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition
at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner,
or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental
agency and in accordance with existing state and federal requirements; and
9. Have in place and implement a written agreement with the responsible state or local service agencies to properly
respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified
personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective
custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal
violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow -up
medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity.
OJP FORM 4000/2 (REV. 4 -88)
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF
PROJECT NUMBER 2007 -DJ- BBC -11 3 AWARD DATE 0812712007
SPECIAL CONDITIONS
8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written
materials that will be published, including web-based materials and web site content, through funds from this grant at
least thirty (30) working days prior to the targeted dissemination date.
9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
10. To support public safety and justice information sharing, OW requires the grantee to use the National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemes generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
http : /Iww . niem .govlimplementationguide.php.
11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing
account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in
the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned)
not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days
after the end of the grant period, along with the final submission of the Financial Status Report F -269),
12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA
in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be
monitored by BJA.
13. The recipient agrees that any information technology system funded or supported by OW funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d), Recipient may not satisfy such a fine with federal finds.
14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income, All
program income must be accounted for and used for the purposes under the conditions applicable for the use of funds
under this award, including the effective edition of the OW Financial Guide and, as applicable, either 1 28 C.F.R. part
66 or 28 C.F.R part 70 and OMB Circular A -110. Further, the use of program income must be shown on the
quarterly Financial Status Report, SF269.
15. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://vmv.ojp.usdoj .goviecistates.htm.
16. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
Ow FORM 4000/2 (REV. 4-88)
Department of Justice
Office ofJustice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
PROJECT NUMBER 2007 -DJ -BBC -1163 AWARD DATE 08/27/2007
SPECIAL CONDITIONS
17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 .F. . Part 22 that
are applicable to collection, use and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.I. Part 22 and, in particular,
section 22.23.
18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this
program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov."
19. Recipient agrees that funds provided under this award may not be used to operate a "pay -to- stay" program in any local
jail. Recipient further agrees not to subaward funds to local jails which operate "pay -to- stay" programs.
JP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau o Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Maria Berry, Environmental Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus
Christi
All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry
the following NEPA special condition:
1 The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA)
and other related federal environmental impact analyses requirements in the use of these grant funds,
either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee
agrees to first determine if any of the following activities will be related to the use of the grant funds. The
grantee understands that this special condition applies to its following new activities whether or not they
are being specifically funded with these grant funds. That is, as long as the activity is being conducted by
the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these
grant funds, this special condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places orb located within a 100-year flood plain;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use orb significantly change its size; and,
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the
grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the
grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a
national or program environmental assessment of that funded program or activity.
t -.}.. ti "' ,. Department f u t
�`. Office of Justice Programs
rt'. ,, { Bureau of Ju t e Assistance
',77,11:, *=-' ' f
GRANT MANAGER'S MEMORANDUM, PT. I.
PROJECT SUMMARY
Grant
PROJECT NUMBER
2007- DJ - -11 3
PAGE 1 OF 1
This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula)
I. STAFF CONTACT (Name & telephone number)
Esmeralda Womack
(202) 353 -3450
2. PROJECT DIRECTOR (Name, address & telephone number)
Pat Eldridge
Police Administration Manager
P. O. Box 9016
Corpus Christi, TX 78469 -9016
(361) 886 -2696
3a. TITLE OF THE PROGRAM
2007 Justice Assistance Grant Program
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
4. TITLE OF PROJECT
2007 Justice Assistance Grant
5. NAME & ADDRESS OF GRANTEE
City of Corpus Christi
1201 Leopard, City Hail P.C. Box 9277
Corpus Christi, TX 78469 -9277
6. NAME & ADRESS OF SUBRANTEE
7. PROGRAM PERIOD
FROM: 10 /01/2006 TO: 0913012010
8. BUDGET PERIOD
FROM: 10101/2006 TO: 09/30 ,2010
9. AMOUNT OF AWARD
$ 236,403
10. DATE OF AWARD
08!27/2007
I I. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states, tribes, and local governments to support a broad range of
activities to prevent and control crime based on their own local needs and conditions. Grant funds can be used for state and local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or
more of the following purpose areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4)
corrections and community corrections programs; 5) drug treatment programs; and planning, evaluation, and technology improvement
programs.
The City of Corpus Christi will serve as the fiscal agent for the 2007 JAG award on behalf of the city and Nueces County. The funds will be
distributed equally between both entities.
OJP FORM 4000/2 (REV. 4-88)
The City of Corpus Christi will use its share to purchase computer hardware and software, digital audio and video equipment, and protective vests
in support of law enforcement priorities in the areas of gang prevention, cybercime, and identify theft. Nueces County will use its allocation to
support the Sheriff's efforts to upgrade the computer equipment in the county jail. The county will purchase a cable/video system to broadcast
training sessions and information segments in the jails. The county will also purchase and install a computerized booking system to replace the
current system. This system will be shared with the city. Remaining funds will be used to support the drug prosecutor position in the County
District Attorney's Office. The prosecutor in this position will assist in reviewing and prosecuting drug cases.
N A/NCF
ORDINANCE
APPROPRIATING $236,403 FROM THE U. S. DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061
POLICE GRANT FUND TO PURCHASE LAW ENFORCEMENT
EQUIPMENT FOR THE POLICE DEPARTMENT AND NUECES
COUNTY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1, That $236,403 from the United States Department u ti e, Bureau of
Justice Assistance is appropriated in the Police Grants Fund No. 1061 for the
purchase of law enforcement ent equipment for the police department and Nueces
County.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading on this the I 1 th of September, 2007.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form_S:19/14,(t,.r-, 2007
Joseph rey
Assistan City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons. set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, !Ave
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was _passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H mmeII
Bill Kelly
Priscilla G. Leal
John B. Marez
Nelda Martinez
Michael McCutchon
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: , Septomj1iJQOj
AGENDA ITEM:
Item A: Resolution authorizing the City Manager or his designee to accept a
grant of $96,685 from the Texas Department of State Health Services to provide
tuberculosis prevention and control services and to execute all related
documents.
Item B: Ordinance appropriating a grant of $96,685 from the Texas Department
of State Health Services in the No. 1066 Health Grants Fund to provide
tuberculosis prevention and control services.
ISSUE: ISSUE: The Health Department is in receipt of Contract #2008 #023217 with the
Texas Department of State Health services (DSHS). The contract provides the Health
District with $96,685 in financial assistance to fund the elimination and control of
tuberculosis in Nueces County. These funds will provide services to individuals who have
tuberculosis or those who have a high risk of developing tuberculosis. The contract period
is from 9/1/07 through 8/31/08.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved contract for FY06 -07.
FUNDING: There is no match funding required
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant
and appropriate funding for the elimination and control of tuberculosis in Nueces County.
Annette Rodriguez
Director of Health
BACKGROUND INFORMATION
BACKGROUND: This item is a grant that has been provided to the Health District from the
DS HS for many years. The purpose of this funding is to provide services to prevent, treat,
and control tuberculosis within lures County. No matching funds are required. The
grant provides support for staff salaries, clinic supplies, and the provision of radiological
services to TB clients. This past FY -o # September 1 through August 31, the TB
Program serviced 14,436 patients.
DEPARTMENT T of STATE HEALTH SERVICES
This contract, number 2008 - 023217 . (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CORPUS C RISTI-NUECES _CONY PUBLIC HEALTH DISTRICT (CITY) (Contractor),
a Government Etitity, (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method s . The total amount of this Contract
is $26685.00. and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Care Contract (this document)
b. Program Attachments:
2008-023217-001 TB - PREVENTION 1 AND CONTROL
c. General Provisions (Sub- recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648 -1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Vendor Identification Number: 17460005741027
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI- NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
Signature of Authorized Official
Date
Bob Burnett, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
By:
Signature
Date
Printed Name and Title
Address
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458 -7470
Bob.Bumette@dshs.state.tx.us
92648 -1
Telephone Number
E -mail Address for Official Correspondence
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City Alta
For City Attorney
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $96,585 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION
AND CONTROL SERVICES AND TO EXECUTE ALL RELATED
DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant in the
amount of $96,685 from the Texas Department of State Health Services to provide
tuberculosis prevention and control services and to execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: August 15, 2007
Eliz F. Hundley
Assistant City Attorney
for the City Attorney
EHres197.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G . Leal
John . Marez
Nelda Martinez
Michael 11 C utoh ors
AN ORDINANCE
APPROPRIATING A GRANT OF $96,685 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS
PREVENTION AND CONTROL SERVICES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $96,685 from the Texas Department of State Health Ser-
vices is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis
prevention and control services.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
- - - , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: August 15, 2007
I
tJj/,
11A A ifidAd f
Eliza • - R. Hundley
IF
Assis t City Attorney
for the City Attorney
alord208.cloc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
g
voting upon ordinances at two regular meetings: liwe, 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
The above ordinance was passed by the following vote:
Henry Garrett ..�.
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
8
AGENDA MEMORANDUM
Date: September 11, 2007
SUBJECT: Gift Agreement and appropriation of grant funds for Library
AGENDA IT EM:
a. Resolution authori
GIFT AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND THE
CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC.
BOOKS FOR NEW SOUTHSIDE BRANCH LIBRARY
This agreement ("Agreement") is made by and between the City of Corpus Christi
("City"), a home rule municipal corporation organized under the laws of the State of
Texas, and the Corpus Christi Public Library Foundation, Inc, ("Foundation"), a Texas
nonprofit 501 (c) organization, which is organized and exists solely to benefit the
City's public libraries.
For and in consideration of the covenants, undertakings, and consi
Executed in duplicate, each of which shall be considered an original, on this the
- -- day of -- ----., 2007.
ATTEST:
Armando Chapa
City Secretary
Approved as to form:
CITY OF CORPUS CHRISTI
George K. Noe
City Manager
, 2007.
CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC.
By: P:2�;VYL) g7-2- - 01
Paige E. Dinn, President ate
thry endlandt, Secretary ate
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
GIFT AGREEMENT WITH THE CORPUS CHRISTI PUBLIC LIBRARY
FOUNDATION, INC., IN THE AMOUNT OF $55,000.00, FOR BOOKS
AND OTHER LIBRARY MATERIALS FOR THE NEW SOUTHSIDE
BRANCH LIBRARY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Gift Agreement
with the Corpus Christi Public Library Foundation, Inc., in the amount of $55,000.00 for
books and other library materials for the new southside branch library.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM: August 28, 2007
tte Ag
A i istant City A rney
For City Attorney
Corpus Christi, Texas
of _ , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike u m m e l
Bill Kelly
Priscilla G.. Leal
John E. Marez
Nelda Martinez
Michael M C tohon
SAN ORDINANCE
APPROPRIATING $55,000.00 INTO THE GENERAL FUND NO. 1020,
ORGANIZATION NO. 12800, FOR BOOKS AND OTHER LIBRARY
MATERIALS FOR THE NEW SOUTHSIDE BRANCH LIBRARY FROM
THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC.;
CHANGING FY 2007-2008 GENERAL FUND BUDGET ADOPTED BY
ORDINANCE NO. 027352 TO INCREASE APPROPRIATIONS BY
$55,000.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $55,000.00 is appropriated into the General Fund No, 1020,
Organization No. 12800, for books and other library materials for the new s uthsi e
branch library from the Corpus Christi Public Library Foundation, Inc..
SECTION 2. That the FY 2007 -2008 General Fund Budget adopted by Ordinance No.
027352 is changed to increa a appropriator's by $55,000.00.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 1191 day of September, 2007,
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
PROVED Tp FORM: August 28, 2007
A411.111
YV`ltte Ag ` = r
A - - istant City ttorney
For City Attorney
Corpus Christi, Texas
day of _, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as •
� consideration and
voting upon ordinances at two regular meetings: 1r
e, 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.
Respecffully,
espeifully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the ollo in vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hummel
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC tchon
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June VT, 2007, - -
AGENDA ITEM:
Motion authorizing the City Manager, or designee, to execute a contract between Absolute Waste
Acquisitions Inc., guaranteeing the annual delivery of specific tonnage of acceptable waste to the LC.
.
Elliott Landfill for a specified fee, for a period not to exceed the life of the J.C. Elliott Municipal
Landfill, including a retroactive provision commencing on June 1, 2007 for the specified fee.
Motion authorizing the City Manager, or designee, to execute a contract with Absolute Waste
Acquisitions Inc., guaranteeing the delivery of specific tonnage of acceptable waste collected within
the boundaries of the Coastal Bend Council of Governments region to the Cefe Valenzuela
Municipal Landfill for a period of twenty years.
ISSUE: To enter into "Put or Pay" contracts with a Commercial Solid Waste Hauler to deliver
acceptable waste to the J.C. Elliott and Cefe Valenzuela Municipal Landfills for Disposal.
REQUIRED COUNCIL ACTION: Approve contracts as submitted by staff.
PREVIOUS COUNCIL ACTION: The City Council has previously approved seven (7) "Put or
Pay" contracts with other commercial haulers (BFI, Captain Hook, Sixteen Services, Trailer Trash,
Dawson Recycling, Skid-O.-Kan Haul Away and Corpus Christi Disposal).
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Approve contracts as submitted.
Director of Streets and Solid Waste Services
Attachments: Absolute Waste Acquisitions Inc. Put or Pay Contracts
BACKGROUND INFORMATION
BACKGROUND: With the acquisition and anticipated development of the Leff Valenzuela
Landfill, it is necessary to have a consistent flow of solid waste tonnage to develop a sound business
plan for the project. Additionally, competition for solid waste in the Coastal Bend Council of
Governments ("COG") region from competing landfills in San Antonio and Robstown has resulted
in a decline in solid waste tonnage with a resulting revenue loss. This decline is attributed to
commercial solid waste haulers transporting garbage, waste, and other refuse to the competing
landfills at a much lower tipping rate. The Solid Waste Staff worked assiduously to establish an
ins ument that is beneficial to both the Commercial Solid Waste Hauler and the Solid Waste
Services Department. Two alternative versions of the contract were approved by Council in 2001.
One provides for a guaranteed annual volume of acceptable waste. The other provides for delivery
of all waste collected by the hauler within the boundaries of the Coastal Bend COG. These contracts
will continue our efforts to stabilize waste volumes at the J. C. Elliott Landfill in preparation for
future development at the Left Valenzuela Landfill.
The City has entered into similar put or pay agreements with Corpus Christi Disposal, Inc., Dawson
Recycling, Inc., and Captain Hook beginning in 2001 for the J.C. Elliott Landfill. City Council
approved the contracts and amendments on the following dates:
Corpus Christi Disposal, Inc. original contract
Dawson Recycling, Inc. original contract
amended contract
Captain Hook original contract
amended contract
BFI original contract
amended contract
Sixteen Services original contract
amended contract
Trailer Trash original contract
Sid- -Kan I Haul Away original contract
August 17, 2004
September 17, 2002
December 20, 2005
July 17, 2001
August 20, 2002
June 26, 2001
August 20, 2002
July 17, 2001
August 20, 2002
March 11, 2003
July 17, 2007
Approval of these contracts will help the City's efforts to stabilize waste volumes at both landfills.
J.C. ELLIOTT CONTRACT SUMMARY:
The charge to the permitted hauler will be $19.50 per ton plus state fees. The haulers are billed
monthly. There will be penalties for late payments. The J.C. Elliott agreement is retroactive to June
1, 2007.
The agreed rates are available only to authorized permitted haulers who have been permitted for a
minimum of 12 months. A deposit is required should Absolute desire to establish a credit account
for bi
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
ABSOLUTE WASTE ACQUISITIONS, INC.
Elliott 2007 Absolute Waste Agmt 062907.cloc Page 1 of
Elliott 2007 Absolute Waste Agmt 06290/idoc Page 2 of 4
TABLE OF CONTENTS
Article Subject Page Number
1 General Provisions
2 Acceptable Waste
3 Fees 9
4 Billing and Payments 12
5 Landfill Procedures 13
6 Assignments 15
7 Insurance 15
8 Indemnification 16
9 Governmental Regulation 17
10 Suspension for Force Majeure , 18
11 Liquidated Damages and Default 19
12 Representation and Warranties ,..2
13 Governing Law and Venue 21
14 Miscellaneous Provisions 21 •
Elliott 2007 Absolute Waste Agrat 062907.cloc Page 3 of
WASTE DISPOSAL AGREEMENT
This Waste Disposal Agreement "Agreement" between the City of Corpus Christi ("the City"), and
Absolute Waste Acquisitions, Inc. ("Hauler") requires the City to accept, process, and dispose of
acceptable solid waste brought by the Hauler to the City's J. C. Elliott Municipal Landfill
("Landfill"), located at 7001 Ayers in the City of Corpus Christi, Texas, and requires the Hauler to
deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste
under the terms and conditions of this Agreement.
The parties agree to the following:
ARTICLE 1. GENERAL PROVISIONS.
1.1. Definitions. The following words and phrases have the following meanings when used in this
Agreement:
Acceptable waste means garbage, lifter, refuse, rubbish, yard waste, heavy brush, debris, and
construction demolition materials, but does not include hazardous, medical, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq.
Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets,
plastic swimming pools, large toys, bicycles, fish aquari
Effective date means June 1, 2007.
Force M ur#e means any event or condition, whether affecting the Landfill, the City, or the Hauler,
that has, or may reasonably be expected to have, a material adverse effect on a party's obligati
Hazardous waste means:
(a) Any waste, material, or substance, which by reason of its composition or characteristic is
regulated as a toxic or hazardous waste or hazardous substance under applicable laws,
including without limitation:
(i) The Solid Waste Disposal Act, also known as the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended
from time to time, and the rules, regulations, written policies, or written guidelines
promulgated the Act (including without limitation, 40 C.F.R. Section 261A, which
generally excepts household waste from the definition of Hazardous ardous waste).
(ii) The Toxic Substances Control Act, 15 U.S.C. 260, et seq., as replaced or amended
from time to time, and the rules, regulati
Household appliance means general household appliance that will not fit into a refuse receptacle
including:
Non -metal appliance, such as a television set, stereo system, video cassette recorder (VCR),
microwave oven, and other similar item constructed primarily of plastic or other non - metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer,
refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar
items constructed primarily of metal parts.
Household waste means garbage, rubbish, lifter, refuse, yard waste, debris, and limited
construction demolition materials commonly generated by a residential household.
Jurisdictional waste means waste collected within the City or its industrial districts.
Landfill means the J. C. Elliott Municipal Landfill located at 7001 Ayers, Corpus Christi, Texas.
Litter er means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic;
Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans,
or remnants or parts thereof, or any material of an unsanitary nature.
Medical waste means waste generated by health -care related facilities and associated health -care
activities, including veterinary services, but not including garbage or rubbish generated from offices,
kitchens, or other non - health -care activities.
Recyclable means a waste material that has been designated by the Director for inclusion in the
City's recycling program, that has a useful physical or chemical property after servin g original
on final
purpose, or that may be reused, sold as a commodity, or converted into another product.
Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle
p p
for collection and disposal, but does not include yard waste, heavy brush, debris, or
construction/demolition materials.
Rubbish means non- decayable solid waste, excluding ashes, that consist of combustible materials,
such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible
matter, such as glass, crockery, metal cans, and similar materials that do not bum at ordinary
incinerator temperatures.
Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J. C. Elliott
Landfill generally applicable to customers utilizing the Landfill, as determined by the City.
Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and
construction/demolition materials.
Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at a the
City disposal site,
Elliott 2007 Absolute Waste Agmt 062907.doc Page 7 of 43
TCEQ means Texas Commission on Environmental Quality.
Ton means 2,000 pounds.
Trash means a single item of rubbish, not otherwise defined as debris or construction demolition
material, but including a small household appliance that will not fit into a conventional refuse
receptacle.
Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the
TCEQ or the Site Operating Plan.
USEPA means the United States Environmental Protection Agency.
Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less
than three (3) inches in diameter and less than five feet in length, and other similar plant matter.
1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine
gender means and include correlative words of feminine and neuter genders and words importing the
similar number means and include the plural number and vice versa.
1.3. Term.
1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is-i
2.1.1. The Hauler shall deliver only acceptable waste.
2.1.2. Any acceptable waste co- mingled with hazardous, medical, or
unacceptable waste will be considered unacceptable waste.
2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials,
which are defined as unacceptable waste in Section 1.1. of this agreement, should in the
future be reclassified as acceptable waste.
2.2. Guaranteed Tonnage.
2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not less than 6,400
tons per year ("guaranteed annual tonnage") of jurisdictional waste and acceptable waste
collected outside the City's limits to the Landfill, and the City guarantees that it will accept
the waste.
2.2.2. The Hauler shall deliver the guaranteed annual tonnage. The Hauler's targeted monthly
tonnage delivery schedule is defined as one - twelfth (1/12) of the guaranteed annual tonnage.
2.3. Adjustments to Guaranteed Tonnage.
2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business
practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers
in the Coastal Bend Region, which has resulted in a net decline of more than 10% of the
deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the
guaranteed tonnage for a period in excess of a year, the parties will act in good faith to
renegotiate the guaranteed tonnage.
23.2. The Hauler may request a change in its guaranteed tonnage sixty days before the
annual anniversary date of this Agreement.
2.. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not
deliver hazardous, medical, or unacceptable waste to the City.
2.5. Ownership of Solid Waste. Any solid waste delivered to the landfill remains the property of
the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will
make records available to the City to determine the generators of any hazardous, medical, or
unacceptable waste delivered to the landfill.
ARTICLE 3. FEES
3.1. Acceptance Fee for Guaranteed Monthly tonnage. The discounted acceptance fee for
acceptable waste delivered by the Hauler to the landfill is $19.50 per ton, plus any mandated Federal
or State fees. This rate shall apply to acceptable waste delivered by the Hauler to the landfill
beginning June 1, 2007.
Elliott 2007 Absolute Waste Agrnt 06 9 7.doc Page 9 of 3
3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed
by City ordinances.
1 Letter of Credit. If Hauler desires to establish a credit account with City for billing purposes
during term of this Agreement, Hauler is subject to and must comply with the following provisions:
Prior to establishment of billing account with the City, Hauler shall provide City Director of
Financial Services with an irrevocable letter of credit naming the City of Corpus Christi as
beneficiary, in face value equal to thirty -five thousand dollars ($35,000,00), for City's use to pay for
Mauler's delinquent Landfill accounts.
3.3.1 The irrevocable letter of credit required under this provision must be issued by a
financial institution with offices located within the City of Corpus Christi, be valid for
minimum period of two (2) years beginning on the date of City Council approval of this
agreement, and require as sole documentation for payment a statement in writing from the
City Director of Financial Services or City Deputy Director of Financial Services setting
forth the circumstances giving rise to the draft and accompanied by a properly drawn draft in
an amount not to exceed the face value of the letter of credit.
3.3.2 Procedures for City to draw on the letter of credit are as follows:
33.2.1 If Hauler is more than 5 calendar days overdue on any City bill or invoice for
Jc Elliot landfill account, City Director of Financial Services or City Deputy Director
of Financial Services shall send written notice to Hauler of intention to draw on letter
of credit if full payment not received within 5 calendar days of date of notice. If full
payment is not received by City Director of Financial Services or City Deputy
Director of Financial Services by such date, then City Director of Financial Services
or City Deputy Director of Financial Services shall draw on letter of credit in an
amount sufficient to pay overdue landfill account, and provide notice of such draw to
Hauler.
3.3.2.2 If Hauler tonnage does not meet the minimum tonnage required under this
agreement, then, upon notification by City Director of Streets and Solid Waste, City
Director of Financial Services or City Deputy Director of Financial Services shall
draw on letter of credit in an amount sufficient to pay deficiency in minimum
tonnage, and shall provide notice of such draw to Hauler.
3.3.2.3 Within 3 business days of City's draw on letter of credit for any reason
described above, Hauler shall provide City Director of Financial Servi
Hauler must maintain an irrevocable letter of credit naming the City of Corpus Christi as
beneficiary, in face value equal to thi
3.6 Municipal Solid Waste System Service Charge ("MSWSSC"). Hauler shall pay the
MSWSSC fee, as is established by the City annually, each time Hauler makes a delivery to the
Landfill, as is presently remitted at the Landfill gate by all cash, credit card and debit card
customers.
ARTICLE 4. BILLING AND PAYMENTS.
4.1. Billing. There shall be no billing account for Hauler under this Agreement unless Hauler has
provi
ARTICLE 5, LANDFILL PROCEDURES.
5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered
by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under
Section 5.2. of this Agreement.
5.. Rejection of Solid Waste.
5.2.I. The City is not obligated to accept waste if the Landfill is closed due to a Force
Majeure.
5.2.2. The City is not obligated to accept waste if the Hauler's credit card or debit card is
decli
Site Operating Plan. Copies of the relevant provisi
Agreement does not relieve the City of any obligation under this Agreement without the consent of
Hauler.
ARTICLE 7. INSURANCE.
7.1. Insurance Requirements. Insurance requirements are attached to and incorporated into this
Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually
by the City's Contract Administrator upon thirty (30) days written notice to Hauler.
7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to
deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit prior to
delivering any solid waste to the Landfill.
7.3. Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any
subcontractor's insurance com any ies must deliver Certificate(s) of Insurance, as proof of the
required insurance coverages to the City's Contract Administrator.
7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the
Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of
cancellation, material change in the coverages, or intent not to renew any of the policies.
7.5. City Named As Additional Insured. The City must be named as an Additional Insured in each
policy. The City Attorney must be gi
reasonable attorney's fees and expenses) of any nature
whatsoever on account of personal injuries (including, without
limitation on the foregoing, workers' compensation and death
claims), or property loss or damage of any kind whatsoever,
which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with the
Hauler's delivery of solid waste to the Landfill under this
agreement.
8.1.2. To the extent allowed by Texas law, the City shall fully
indemnify, save, and hold harmless the Hauler, its officers,
employees, agents, licensees, and invitees ( "Hauler indemnitees"
against any and all liability, damage, loss, claims, demands,
judgments, actions, costs, and expenses (including reasonable
attorney's fees and expenses) of any nature whatsoever on
account of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property
foss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or be
in any manner connected with the City's delivery of solid waste
to the Landfill under this agreement.
8.2. Indemnification for Improper Disposal of Hazardous, Medical, or
Unacceptable Waste. If the City elects to dispose of any hazardous,
medical, or unacceptable waste, the Hauler shall indemnify and hold
the City indemnitces harmless from and against all liabilities, losses,
damages, costs, expenses, and disbursements, including reasonable
legal fees and expenses arising out of the processing or disposal by the
person of unacceptable waste or waste not constituting acceptable
waste delivered by the Hauler and incidental and consequential
damages incurred by the City indemnitees.
8.3. Indemnification for Violations of Any Federal or State Laws and
Regulations. The Hauler shall hold harmless and indemnify the City
indemnitees from and against any expense, fine, or penally, including
Elliott 2001 Absolute Waste Agmnt 062907.doc Page 16 of 43
attorneys fees, and shall defend the indemnitees in any proceeding,
including appeals, for violation of any federal or State law, rule, or
regulation relating to the collection, transportation, and disposal of
solid waste arising out of the any of the following:
8.3.1. The negligence or wrongful misconduct of the Hauler, its
directors, officers or partners, employees, contractors, or agents.
8.3.2. The failure by the Hauler, its directors, officers or partners,
employees, contractors, or agents to comply with applicable law,
rule, or regulation.
8.3.3. The delivery by the Hauler of any Hazardous waste or
hazardous, medical, or unacceptable waste to the Landfill.
8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands.
8.4.1. Hauler must, at its own expense, investigate all those claims and demands, attend
to their settlement or other disposition, defend all actions with counsel satisfactory to
City indemnitees, and pay all charges of attorneys and all other cost and expens s of
any kind arising from any of said liability, damage, loss, claims, demands, or actions.
8.4.2. To extent authorized by law, the City must, at its own expense, investigate all
those claims and demands, attend to their settlement or other disposition, defend all
actions with counsel satisfactory to Hauler indemnitees, and pay all charges of
attorneys and all other cost and expenses of any kind arising from any of said liability,
damage, loss, claims, demands, or actions.
ARTICLE . GOVERNMENTAL REGULATION.
9.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and
disposal of solid waste is subject to regulation under both Federal and State laws and regulations and
the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and
the Texas Department of Public Safety.
9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection,
Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own
expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure),
to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site
Operating Procedures applicable to them in connection with this Agreement and the transactions
contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include,
without limitation, actions taken by the Texas Department of Transportation and City of Corpus
llio t 2001 Absolute Waste Agnit 0 2907. doc Page 17 of 43
Christi to regulate vehicle traffic associated wi
efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to
deliver to the City during the Force Majeure period.
10.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance,
processing, or disposal of the acceptable waste is contrary to or in violation of or would
cause the City to be in violation of any permits and approvals for the Landfill.
10.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill
as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is
reasonably practicable under the circumstances. The parties shall negotiate and agree on the
period during which Hauler is entitled to cure any resulting shortfall.
10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation,
rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a
Force Majeure.
ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT.
11,1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as
required by the terms of this Agreement, the Hauler may select an alternate disposal site and be
credited for any acceptable waste delivered to an alternate disposal site for the period of the failure
by the City. If the conditions continue for more than thirty days, this Agreement automatically
terminates.
11.2. Events of Default of the City. The City is in default if it makes a general assign ent for the
benefit of creditors, files a petition in bankruptcy, ptcy, is adjudicated insolvent or bankrupt, petitions or
applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its
property, commences any proceeding relating to it under any bankruptcy, reorganization,
arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction,
whether now or after the effective date of this Agreement is in effect, or if there shall have been filed
any such proceeding, in which an order for relief is entered or which is not dismissed for a period of
sixty days or more, or if by any act indicates the City's consent to, approval of, or acquiescence
in any petition, application, or proceeding or order for relief or the appointment of any custodian,
receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any
custodianship, receivership, or trusteeship to continue undischarged for a period of sixty days or
more.
113. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler
under this Agreement and are grounds for termination of the Agreement:
1.1.3.1. The Hauler fails to pay any amounts, including without limitation, the acceptance fee,
and any amounts payable under Sections 3.2 or 3. 6, which become due under this
Agreement, within thirty days of notice of delinquency from the City.
11.3.2. The Hauler fails to observe and perform any other material term, covenant, or
agreement contained in this Agreement, the Site Operating Plan, or other agreements or
Elliott 2007 Absolute Waste Agmt 062907.doc Page 19 of 43
policies to which either the Hauler is subject and the failure continues for a period of thirty
(30) days after written notice to the Hauler specifying the nature of the failure and requesting
that it be remedied.
113.3. The Hauler fails to keep all insurance policies in force for the entire term of this
Agreement is grounds for termination.
11.3.4. The Hauler makes a general assignment for the benefit of creditors, files a petition in
bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any
custodian, receiver, or trustee for it or any substantial part of its property, commences any
proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement,
readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether
now or after this Agreement is in effect, or if there is or has been filed any proceeding, in
which an order for relief is entered or which is not dismissed for a period of sixty (60) days
or more, or if by any act indicates the Mauler's consent to, approval of, or acquiescence in any
petition, application, or proceeding or order for relief or the appointment of any custodian,
receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or
suffers any custodianship, receivership, or trusteeship to continue undischarged for a period
of sixty days or more.
11.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non -
defaulting party has the following rights and remedies:
11.4.1. Upon ten 0 0 days written notice to the City, if the City is then in default, the Hauler
has the option to terminate this Agreement, unless the event of default is fully cured prior to
the expiration of ten (10) day period or unless during the period the City has taken remedial
steps the effect of which would be to enable the City to cure the event of default within a
reasonable period of time (which, if the event of default is a default in the payment of monies
and results from restraint by a court or regulatory agency, means the undertaking and
prosecution of prompt, diligent, good faith efforts to remove the restraint);
11.4.2. Upon ten 1 days written notice to the Hauler, if the Hauler is then in default, the
City shall have the option to terminate this Agreement, unless the event of default is fully
cured prior to the expiration often (10) day period or unless during the period the Hauler has
taken remedial steps the effect of which would be to enable the Hauler to cure the event of
default within a reasonable period of time (which, if the event of default is a default in the
payment of monies and results from restraint by a court or regulatory agency, means the
undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint);
11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the
option, without terminating this Agreement, to stop accepting acceptable waste delivered or
tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated.
The City may concurrently pursue any other remedies to which it is entitled at law or in
equity for the default.
ARTICLE 12. REPRESENTATION AND WARRANtIES.
Elliott 2007 Absolute Waste Agmt 062907.doe Page 20 of
12.1. Representations and Warranties of the Hauler.
12.1.1. The Hauler by this Agreement represents and warrants to the City that this Agreement
has been executed by authorized officers of the Hauler, and has before entering this
Agreement delivered to the City evidence of the authority.
12.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to
the City and to carry out the obligations and transacti
ARTICLE 14. MISCELLANEOUS PROVISIONS.
14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties. This Agreement constitutes the entire
agreement between the parties to this Agreement in respect of the subject matter of this Agreement
14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or
in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the
right or remedy. Every right and remedy given under this Agreement or by law may be exercised
from time to time and as often as may be deemed expedient by the parties to this Agreement.
14.3. Amendments and Modifications. This Agreement may not be amended or modified except in
writing. The amendment or modification must be signed on behalf of both parties by their duly
authorized officers.
14.4. Independent Contractor. Hauler will perform the services hereunder as an independent
contractor and wi
with this Section.
Hauler: Absolute Waste Acquisitions, Inc.
Attn: William Davis
. . Box 260898
Corpus Christi, Texas 78426
And
2932 County Road 44
Robstown, Texas 78380
(361) 887 -7747 Phone
(361) 7674317 Fax
City:
Director of Solid Waste Services
City of Corpus Christi
2525 Hygeia Street
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
14.9. Representatives. For billing purposes, the parties designate the following representatives and
addresses:
Hauler: Absolute Waste Acquisitions, Inc.
Attn: William Davis
P.O. Box 260898
Corpus Christi, Texas 78426
And
2932 County Road 44
Robsto wn, Texas 78380
(361) 87 -7747 Phone
(361) 767 -8317 Fax
City: City of Corpus Christi - Financial Services
Accounts Receivables
1201 Leopard Street
P.O. Box 9257
Corpus Christi, Texas 78469-9257
14.10. 'is cal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City, which fiscal year ends on July 31 annually, ally, is subject to appropriations and
budget approval providing for such contract item as an expenditure in that budget. The City does not
represent that the budget item will be actually adopted, that determination is within the sole
discretion of the City Council at the time of adoption of each budget.
14.11. Right to Most Favorable Acceptance or Tipping Fees.
14.11.1. If the City enters into an agreement with any other company, person, or legal entity
Elliott 2007 Absolute Waste Agrnt 062907.doc Page 23 of 43
that provides solid waste hauling services or generates, disposes, or transports solid waste to
the City's landfill (or enters into a renewal, modification, extension of any existing agreement
with such a party), and the document contains provisions for acceptance or tipping fees more
favorable to the other party than those in this Agreement, the Hauler shall have the right
either to terminate this Agreement or to amend this Agreement to contain such more
favorable terms and provisions.
14.11.. An agreement that offers an equivalent discounted acceptance fee for a commitment
to deliver all tonnage collected within the boundaries of the Coastal Bend Council of
Governments "C C " instead of a guaranteed annual tonnage is considered comparable
to this Agreement if the other terms and conditions are similar to this agreement. An
agreement based on delivery of all tonnage collected within the CBCOG boundaries will
include the right of the City to audit for compliance and penalties for failure to deliver all
tonnage from the area.
14.11.3. The City will not offer similar agreements to a hauler that has not had a solid waste
hauler permit for at least 12 months.
14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of the City
Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and
franchise solid waste haulers operating within the City or using the City's solid waste disposal
facilities; regulate the storage, transportation, and disposal of any solid waste generated within the
City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including
generator fees, on residents, commercial and industrial facilities located within the City and
industrial districts and customers from outside the City who use any of the City's solid waste
disposal facilities or services; and including the setting of disposal or tipping fees at City disposal
facilities within and outside the City limits.
14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all
certificates, documents, and other instruments, and take other actions as may be reasonably
necessary to give effect to the terms of this Agreement.
14.14. Triplicate Originals. This Agreement may be executed in triplicate originals, anyone of
which is considered to be the original Agreement for all purposes.
14.15. Severability. In the event that any of the provisions, portions, or applications of this
Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City
and the Hauler shall negotiate an equitable adjustment in the provisions of thi
over or against any party to this Agreement
14.17. Headings for Convenience. The headings in this Agreement are for convenience and
reference only and in no way define or limit the scope or content of this Agreement or in any way
affect its provisions.
14.18. Publicity and Property Rights.
14.18.1. The Hauler may not advertise or otherwise use its relationship with the City under
this Agreement in any public disclosure without the prior written consent of the City. The
prohibition includes, without limitation, brochures, listings, references, advertisements,
announcements, or other release of information concerning the existence, content or
performance under this Agreement to any third party.
14.1.2. The Hauler is not permitted to photograph, film, tape or other make audio or visual
recording at, or allow any unauthorized person to enter the Landfill without the express prior
written consent of the City's Director of Solid Waste Services.
14.18.3. The Hauler may not use or permit the use of the trade or service names, marks, or
logos of the City or any of its affiliates in any manner.
14.18.4. The Mauler's obligations under this Section 14.18 shall survive the expiration or
termination of this Agreement.
14.19. Survival of obligations. Notwithstanding the expiration or the termination of this Agreement
under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or
discharged, and any right, unconditional or conditional, which has been created for the benefit of the
City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the
duties, obli
Date:
THE STATE OF TEXAS
COUNTY of /UUJ5
This 2007, William
D T�a�s �s�ar�t was acknowledged before me on � , � ��
vis, President, on behalf of Absolute Waste Ac uisiti s, Inc., a corporation.
Notary Public
State of Texas
CITY CORPUS CHRISTI
George I. Noe
City Manager
Date:
ATTEST:
Armando Chapa
City Secretary
Approved as to form: This 5 day of
s4. 11-0,/
Assistant City Attorney
For City Attorney
Elliott 2007 Absolute Waste Agmt 062907.doc
2007
} DANNETTE OTT
Notary Public, State of Texas
My Commission Expires
JANUARY 21, 2008
Page 26 of 43
THE STATE OF TEXAS
COUNTY OF NUM M
This instrument was acknowledged before me on , 2007, by George K.
Noe, City Manager r o the City of Corpus Christi, a Texas Municipal Corporation, on behalf o said
corporation.
Notary Public
State of Texas
Elliott 2007 Absolute Waste Agrnt 062907.doc Page 27 of 43
EXHIBIT A
EXTRACTS RACTS FROM
SITE OPERATING PLAN
CITY OF CORPUS CHRISTI
J. C. ELLIOTT LANDFILL
PERMIT 423A
Elliott 2007 Absolute Waste Agent 062907.doc Page 28 of 43
4. OPERATIONAL PROCEDURES
4.1. Access Control
Public access to the landfill is limited to one existing main entrance from Ayers Street (State
Highway 286). Gate house personnel control access and monitor all vehicles entering and exiting the
site Additionally, two other private entrance /exits gates are located at this site; one gate being at the
northwest comer and the other at the southwest corner of the landfill on Greenwood Drive. These
gates are used from time to time to move equipment to and from maintenance shops, as construction
contractor entrances, and other such activities not directly associ
Solid waste transportation vehicles will be weighed at the gate scale and then directed to the
active portion of the landfill. Site personnel, signs, and barricades will provi
Rules for waste disposal and prohibited waste will be prominently displayed on signs at the site
entrance. Refer to Secti
4.8. Control of Waste Spilled On Route to the Site
The Landfill Superintendent will take steps to ensure that vehicles hauling waste to the site are
enclosed or provided with a tarpaulin, net, or other means to property secure the load. These steps
are necessary to prevent the escape of any part of the load by blowing or spilling. Signs stating this
policy will be posted and offenders may be reported by the Landfill Superintendent to proper law
enforcement officers. The Landfill Superintendent will be responsible for the cleanup of waste
materials spilled along and within the right-of-way of all public access roads serving the site for a
distance of 2 miles in either direction from any entrance used for delivery of waste to the site The
Landfill Superintendent will consult with officials of the Texas Department of Transportation
concerning cleanup of state highways and right-of-ways.
4.9. Disposal of Large Items
Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified
as large, heavy, or bulky may include, but are not limited to, white goods (household appliances), air
conditioner units, and large metal pieces. In addition the site will maintain a Steel Recycling area
near the site main entrance where large appliances and other metallic items can be stored until
recycled. CFC removal will be conducted at this area. CFC's will be removed at least semi- monthly.
Appropriate house keeping will be maintained at all times.
4.10. Air Quality Control
Measures to control air pollution may include, but are not li
associated with the operations and will report problems to the Landfill Superintendent. If necessary,
a licensed professional should apply pesticides to ensure that proper chemicals are used and are
properly applied.
4.13. Salvaging and Scavenging
Salvaging will not be allowed to interfere with prompt sanitary disposal of solid waste or
to create public health nuisances. Salvaged materials will be considered as potential recycled
materials. Salvaged items will be removed from the site often enough to prevent the items from
becoming a nuisance, to preclude the discharge of pollutants from the area, and to prevent an
excessive accumulation of the material at the site. Special wastes received at the site will not be
salvaged. Scavenging will be prohibited at all times.
4.20. Disposal of Special Wastes
Acceptance of special wastes will be performed in accordance with MSWMR 330.1360)
requirements. Special wastes that will be accepted at the site include nonregulated asbestos -
containing material (non-RACM), and wastes from health care related facilities. Other special wastes
may be accepted. if these wastes are addressed in '330.136 of the MSWMR, they will be handled in
accordance with the procedures provided therein for that specific waste. Should a different procedure
be devised or the specific waste not be addressed therein, then a request will be made in accordance
with Section 330.1360)(2) and approval received prior to acceptance of those wastes. The special
wastes that will be accepted at the site and handling procedures are discussed below.
Non - Regulated Asbestos Containing Materials (Non -ACM)
Nora -RACM will be accepted. The non -RAM shall be disposed in the active working face and
immediately covered with at least two feet of other solid waste. Precautions shall be taken by site
personnel to eliminate the crushing or grinding of non -RACE into a friable state.
Wastewater Treatment Plant Sludge
Treated wastewater plant sludges will be accepted. Other material will receive TCEQ approval prior
to its disposal. The processed material will be required to pass a paint filter test prior to disposal on
the working face of the landfill, as prescribed in 30 T AC 330.136(b)(7).
DEAD ANIMALS
The site may receive dead animals that are delivered to the site independent of other wastes. Dead
animals will be buried and covered with a minimum of 3 feet of solid waste or a minimum of 2 feet
of soil immediately upon receipt.
Liiatt 2007 Absolute waste Agent 062907.doc Page 33 of 43
Special Waste Report Submittal
The landfill Superintendent will submit to the TCEQ a monthly summary of special wastes received
at the landfill. This report will be submitted no later than the 25th day of the month following the
month in which the waste was received. The reports will be submitted on forms provided by the
TCEQ. Failure to file the reports in a timely manner is considered a violation of the MSW1v1R.
4.21. Disposal of Industrial Waste
Class I industrial waste will not be accepted at the site. Class II and Class III industrial solid waste
will be accepted as long as the acceptance does not interfere with normal operations. In the event
that a Class I industrial solid waste arrives at the site, the appropriate departments and offices of the
TCEQ will be notified. The applicable phone numbers will be included in a list of emergency phone
numbers posted i
6. WASTE SCREENING PLAN
Part A - Purpose
The purpose of this plan is to prevent the unauthorized entry of waste not approved for disposal at
the landfill; to protect both personnel and customers using the landfill; achieve permit compliance;
and assure the environment of the landfill and surrounding area is protected from contamination
from unauthorized waste. Conformity to the plan will assure efficient and effective processing of all
waste at the landfill.
The types of wastes that are accepted at the landfill as well as the procedures for waste inspection
and handling are outlined in the Site Operating Plan.
Part B - Training
Training requirements of landfill personnel to recognize and handle unauthorized waste
will include the following:
Familiarization of the Site Operating Plan
Successful completion of formal waste screening training provided by: in- house instruction,
the Texas Engineering Extension Service (TEEX), or Solid Waste Association of North
America (SWANA)
Records of all course attendance will be kept as well as copies of any certificates issued. A periodic
review of the information provided in these sources will take place as needed.
Part C - Prevention of Unauthorized Disposal
Methods used to prevent unauthorized disposal will be accomplished at four (4) levels.
Each level will be designed to virtually eliminate random inspections.
"Ave' QIN - Education and Information
A sign at the entrance to the landfill will describe wastes that are not accepted for disposal
and will inform customers that their waste is subject to inspection.
An informational bulletin detailing the waste inspection process will be given once a year to
all existing and to new customers.
A letter detailing the waste acceptance policy will be mailed to the management of all major
firms and municipalities who actively use the landfill.
Information on the waste inspection process will be given to the local newspaper for
presentation as a public service announcement.
Uio 2001 Absolute Waste Agmt 062907.doc Page 35 of 43
The selection of loads for random waste inspection consideration will exclude two groups of
transporters:
1. Transporters who provide adequate documentation (as specified in 30 TAC
330.32(d) that unallowable wastes are avoided in the residential routing of collection
vehicles. These vehicles will be identified by number.
2. Transporters of mixed residential and commercial waste that can provide assurance that
the generator properly classifies the waste and is routinely checked by the transporter for
compliance.
Individual vehicles not associated with any commercial activities or businesses will also be generally
exempted from waste screening consideration.
All other vehicles will be included in the pool of loads for waste screening consideration.
Backup Procedure: In accordance with 30 TAC 330.14 (5)(A); if at any time an excluded
vehicle outside the pool is found to have suspect waste within a load, the exemption status of
that vehicle will become null and void, thereby subjecting it to waste screening
consideration.
Level Three - 30 TAC 330.32(d)
All transporters will be required to comply with 30 TAC 330.32(d). A surcharge for waste removal
will be assessed to any transporter who is discovered to have dumped an unacceptable waste. In all
cases the site operator refuses to accept ownership of any unauthorized waste.
Level Four - Screening
Waste screening will take place in the following three ways:
1. All manifested wastes will be checked for conformance to the manifest. Vehicles
transporting manifested wastes will be excluded from the pool of vehicles subjected to
random waste screening sampling.
2. All vehicles entering the landfill for disposal purposes including those not related to any
business or commercial activity will be screened for unauthorized waste at the entrance gate.
The operator maintains the right to question the driver of any vehicle entering the landfill.
Any suspect loads will be directed to the waste screening site for inspection. All inspections
will be documented in the operating record.
3. Screening at the working face will be done by the attendant and the equipment operator by
observing both the offloading and spreading of the waste.
4. Random waste inspection will be accomplished by determining the pool of vehicles available
for inspection, including all vehicles not previously mentioned as being excluded. From this
Elliott 2007 Absolute Waste Agent O 29O7.doc Page 36 of 43
pool, one vehicle will be randomly inspected on a weekly basis as recommended by the
Texas Engineering Extension Service T X .
5. The random one percent selection from the pool of vehicles available for inspection wilt be
made using random number tables.
Part D - Waste Inspection Process
The waste screening process will involve the following steps:
Step One - Determi
&pp Five - Protective equipment needed to perform the waste screening process will include the
following:
safety goggles for eye protection
chemically resistant boots, gloves and tyvek suits
hardhat
$tep_j Waste screening recording form. (Attached in Section 9)
$tepSes'en - Remediation: in accordance with 30 TAC 330.114 (5) (E); the following
procedure will be followed in the event that a hazardous or non - allowable waste is found in the
waste screening process:
1. Non- allowable wastes will be loaded back onto the vehicle and the transporter
will be required to give evidence of where the waste is taken for disposal.
2. Hazardous wastes if identifiable and not an imminent threat to the landfill or
human health, will be removed from the screening area and temporarily confined in the
hazardous waste storage building of the household hazardous waste facility (located adjacent
to the screening area), until such time that arrangements for its removal and subsequent
disposal can be made by a hazardous waste contractor. If, however, the waste does pose an
imminent threat to the landfill or human health, the City's Fire Department (Hazmat Unit)
will be contacted to secure the waste and assure its safe containment In either case, any costs
associated with the proper disposal will be the responsibility of the transporter who brought
the waste to the landfill.
7. FIRE PROTECTION PLAN
The following steps must be taken regularly by designated landfill personnel to prevent fires:
* Burning waste must be prevented from being dumped in the active area of the
landfill. The Gate Attendant and equipment operators must be alert for signs of burning
waste such as smoke, steam, or heat being released from incoming waste loads.
Fuel spills must be contained and cleaned up immediately.
Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and
grass and weeds mowed so that forest, grass, or brush fires cannot spread to the landfill.
* No smoking on the active areas of the landfill site
Elliott 2007 Absolute Waste Agint 062907.doc Page 38 of 43
Specific Fire - Fighting Procedures
If a fire occurs on a vehicle or piece of equipment, the first step is to bring the
vehicle or equipment to a safe stop. If safety of personnel will allow, the vehicle must be
parked away from Fuel supplies, uncovered solid wastes, and other vehicles. Shut off the
engine, engage the brake, or use some other appropriate method to prevent subsequent
movement of the vehicle.
'
If the fire is in the working face, the burning area should be isolated, by pushing
the fire, with the wind, out of the working face. Soil should be placed on the fire to smother
it. If this is not possible or unsafe, efforts to cover the working face with earth must be
initiated immediately to smother the fire.
General Rules for Fire Incidents
Contact the Fire Department by calling 361/854 -9704 or 911. The Cities Fire
Department, approximately 3.5 miles away, would respond if necessary.
* Alert other facility personnel.
Assess extent of fire and possibilities for the fire to spread and alternatives for
extinguishing the fire.
If it appears that the fire can be safely fought with available fire fighting devices
until arrival of the Fire Department, attempt to contain or extinguish the fire.
Upon arrival of Fire Department personnel, direct them to the fire, and provide
assistance, as appropriate.
Do not attempt to fight a fire alone.
'
Do not attempt to fight a fire without adequate personal protective equipment.
Be familiar with the use and limitation of firefighting equipment.
Fire fighting methods include smothering with soil, separating burning material
from other waste, and spraying with water from the water truck or pumped from nearby
ponds or streams. If detected soon enough, a small fire may be fought with a hand -held
extinguisher. Fire extinguishers will be located at the Gate House and on each piece of
operating equipment.
Generally, the firefighting technique that can be quickly employed to fight a landfill fire is
smothering with soil. The faster that soil can be placed over the fire, the more effective this method
will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2500
feet of the working face or active disposal area to cover the entire working face.
The site must be provided with fire extinguishers, of a type, size, location, and number as
Elliott 2001 Absolute Waste Agmt 062907.doo Page 39 of 43
recommended by the local Fire Department or the City's insurance carrier. Fire extinguishers must
be fully - charged and ready for use at all times. Each extinguisher must be inspected on an annual
basis and recharged as necessary. These inspections must be performed by a qualified service
company, and all extinguishers must display a current inspection tag. Inspection and recharging must
also be performed following each use. The gate house, as well as all landfill equipment and vehicles,
will be equipped wi
EXHIBIT
INSURANCE REQUIREMENTS
1. Hauler Liability Insurance
A. The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill
under this Agreement until Hauler has obtained all insurance required by this exhibit and the
required insurance has been approved by the City. The Hauler may not allow any
subcontractor to deliver solid waste to the Landfill until all similar insurance rance required of the
subcontractor has been obtained and approved.
B. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
with the City named as an additional insured for all liability policies, and a blanket waiver of
subrogation on all applicable policies, showing the following minimum coverage by
insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
TD-Day Notice of Cancellation required on
ipa11 certificates
1: odily Injury and Property Damage
11. om General Liability including:
Commercial Form
2. Premises - Operations
0. Products /Completed Operations
Hazard
i4. Contractual Insurance
5. • Broad Form Property Damage
'. Independent Contractors
. Personal Injury
8. Pollution Liability
.1,0 ,o o C MVIEJNED SINGLE LIMIT'
; GGREGATE LIMIT OF LIABILITY FOR
I ACH POLICY PERIOD
1AUTOMOBILE LIABILITY- -OWNED NON-
'OWNED OR RENTED
$1,000,000 COMBINED TED SINGLE LIMIT
VI °RICERS' COMPENSATION
MPL YERS' LIABILITY
L
ICH COMPLIES WITH THE TEXAS
ORKERS' COMPENSATION ACT AND
I'ARA TRAP 2.A~ THIS EXHIBIT
IkOFESSIONAL l
LIABILITY/ENVIRONMENTAL
AIRMEN COVERAGE
of limited to sudden & accidental
i to include long -term
nvironmental impact for the disposal of
ontaminants
4 1,000,000 AGGREGATE LIMIT OF
I IA ILIT '' FOR EACH POLICY PERIOD
Elliott 2007 Absolute Waste Agent 062907.doc
Page 41 of43
C. In the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies
of all reports of such accidents at the same time that the reports are forwarded to any other
interested parties.
2. ADDITIONAL REQUIREMENTS
A. The Hauler and its subcontractors must obtain workers' compensation coverage through a
licensed insurance company or through self-insurance obtained in accordance with Texas
law. If such coverage is obtained through a licensed company, the contract for coverage must
be written on a policy and endorsements approved by the Texas Department of Insurance;
If such coverage is provided through self - insurance, then within 10 calendar days after the
date the Contract Administrator or his designee requests that the Hauler sign the contract
documents, the Hauler must provide the Risk Manager with a copy of its certificate of
authority to self - insure its workers' compensation coverage, as well as a letter signed by the
Hauler stating that the certificate of authority to self-insure remains in effect and is not
subject to any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before tlw expiration of the Agreement by the City, the
certificate of authority to self - insure is revoked or is made the subject of any proceeding
which could result in revocation of the certificate, then the Hauler must immediately provide
written notice of such facts to the City, by certified mail, return receipt requested directed to
Director of Solid Waste Services, City of Corpus Christi, PD. Box 9277, Corpus Christi, TX
78469-9277.
Whether workers' compensation coverage is provided through a licensed insurance company
or through self - insurance, the coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Hauler and its subcontractors will
be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation on all applicable policies.
If your insurance company uses the standard AC RD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or" between "be" and 'canceled ",
and deleting the words, 'endeavor to ", and deleting the wording after "left ".
The name of the project, e,g,, "City of Corpus Christi Solid Waste Hauler Agreement" must
be listed under "Description of Operations"
At a minimum, a 30-day written notice to the City's Risk Manager of change or cancellation
is required.
Elliott 2007 Absolute Waste Amt 06 9 7_doc Page 42 of 3
C. If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.. 0 )48), an authorized representative of the insurance
company must include a letter specifically stating whether items 1..1 are included or
excluded.
Elliott 2007 Absolute Waste A.gmt 062907.doc Page 43 of 43
WASTE I SP SAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
ABSOLUTE WASTE ACQUISITIONS, INC.
Cele 2007 Absolute Waste rat Final 082907.doc
TABLE OF CONTENTS
Article Subject Page Number
General Provisions al
2 Acceptable Waste 6
3 Fees 9
4 Billing and Payments
5 Landfill Procedures 12
6 Assignments 14
7 Insurance.. 14
8 Indemnification 15
9 Governmental Regulation 17
1 0 Suspension for Force Majeure 1
1 l Liquidated Damages and Default 19
12 Representation and lllarranties. 20
13 Governing Law and Venue .. ....2
14 Miscellaneous Provisions -21
Cele 2007 Absolute Waste Agent Final 082 07.do
HASTE DISPOSAL AGREEMENT
This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the
City"), and Absolute Waste Acquisitions, Inc. Mauler requires the City to accept,
process, and dispose of acceptable solid waste brought by the Hauler to the City's Cefe
Valenzuela Municipal al Landfill ("Landfill"), ith its entrance on County Road 20 in Nueces
County, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of
a minimum volume of acceptable Solid Waste under the terms and conditions of this
Agreement.
The parties agree to the following:
ARTICLE 1. GENERAL PROVISIONS.
1.1. Definitions. The following words and phrases have the following meanings when
used in this Agreement:
Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush,
debris, and construction/demolition materials, but does not include hazardous,
medical, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq.
Bulky items means indoor and outdoor furniture, mattresses and box springs,
carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums,
and large household appliances.
C RCL 1 means the Comprehensive Environmental Response, Compensation and
Liability Act of 1 980, as amended, 42 U.S.C. 9601, et seq.
C /ea n wood waste means individual pieces of wood of the type normally sold by
lumber yards and home improvement centers that is free of hardware and other
large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached
to concrete, wallboard, roofing materials, or other construction materials.
Coastal Bend Council of Governments' s' Region ("CBCOG Region") means Aransas,
Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San
Patrick), and l efuglo Counties
Construction/demolition materials means waste resulting from construction or
demolition ro'J ects, including brick, concrete, concrete rubble, gypsum board,
lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls,
sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica,
and similar items).
Debris means large waste materials, such as construction /demolition materials,
g
ashes, roof n r aterials, dirt, automobile frames, tires, or other bulky heavy
materials.
Cefe 2007 Absolute Waste Agmt Final 082907.doc Page 1 of 33
Effective date means the first day that the Cefe Valenzuela Municipal Landfill is
open to accept waste.
Force Majeum means any event or condition, whether affecting the Landfill, the
City, or the Hauler, that has, or may reasonably be expected to have, a material
adverse effect on a party's obligation under this Agreement or on the Landfill, if the
event or condition is beyond the reasonable control, based on sound management
or industry practices, and not the result of willful or negligent action or a lack of
reasonable diligence, of the party "non - performing party") relying the event or
condition as justification for not performing any obligation or complying with any
condition required of the party under this Agreement. The following events or
condition shall, if they meet the requirements of the preceding sentence, constitute
a Force Majeure:
(a) An act of God, storm, flood, or similar occurrence (except for weather
conditions normal for the area) landslide, earthquake, fire, or other casualty,
an act of the public enemy, war, blockage, insurrection, riot, general arrest or
restraint of government and people, civil disturbance or similar occurrence.
(b) The order or judgment of any Federal, State, or local court, administrative
agency, or governmental officer or body, if it is not also the result of willful or
negligent action or a lack of reasonable diligence of the non - performing
party, and the non - performing party does not control the administrative
agency or governmental officer or body, provided that the diligent contest in
good faith of any order or judgment does not constitute or may not be
construed as a willful or negligent action or a lack of reasonable diligence of
the non - performing party.
(c) The adoption, promulgation, issuance, material modification, or change in
interpretation, after the date of this Agreement, of any Federal, State, or
local law, regulation, rule, requirement, or ordinance. (A law, regulation,
rule, requirement, or ordinance is duly adopted, promulgated, issued or
otherwise officially modified or changed in interpretation, when it is in
provisional, interim, or final form and effective or to become effective without
any further action by any Federal, State or local governmental body,
administrative agency, or governmental official having jurisdiction.)
(d) The failure of the City or public utilities having operational jurisdiction in
the area of the Landfill to provide, maintain, and assure the maintenance of
all utilities, services, sewerage, and water lines essential to the operation of
the Landfill, except a failure caused by the gross negligence, willful action, or
a lack of reasonable diligence by the City.
(a) A strike, lockout, or other similar labor action;
(0 The failure to obtain or maintain any essential permit or license from any
governmental unit;
Cefe 2007 Absolute Waste Agmt Final 082907.doc Page 2 of 33
Garbage means putrescible animal or vegetable matter, such as waste material
and refuse usually associated with the preparation of food from kitchens,
residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming
r
houses, and boardinghouses, but does not include sewage, body waste, or
industrial byproducts.
Generator means the person that creates a solid waste. For the purposes of this
chapter, a construction or repair contractor or landscape or tree service is
considered to be the generator of any solid waste that is produced by the contractor
or service or results from the contractor's or service's work on the premises of a
customer. A business or commercial establishment is considered the generator of
any ace in materials on products delivered to a customer, which are returned to
the business or commercial establishment that made the delivery.
Haulers historical volume means the tonnage the hauler delivered to the City's
J. C. Elliott Landfill during the year immediately prior to the haulers initial Waste
Disposal Agreement with the City.
Hazatrious waste ea re's:
(a) Any waste, material, or substance, which by reason of its composition or
characteristic is regulated as a toxic or hazardous waste or hazardous
substance under applicable laws, including without limitation:
(I) The Solid Waste Disposal Act, also known as the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
6901, et seq., as replaced or amended from time to time, and the
rules, regulations, written policies, or written guidelines
promulgated the Act (including without limitation, 40 D.F.R. Section
261. 4, which geri rally excepts household waste from the definition
of Hazardous Wa ste ).
(ii) The Toxic Substances Control Act, 15 U.S.Q. 260, et seq., as
replaced or amended from time to time, and the rules, regulations
and written policies and written guidelines promulgated the Act.
(iii) Any State law or regulation of governing the storage,
transportation, and disposal of solid waste, hazardous waste, toxic
materials, or hazardous substances, including but not limited to the
Texas Solid Waste Disposal Act, Texas Health and Safety Code?
Chapter 361, and 30 Texas Administrative Code Chapter 330.
Radioactive material, which is source, special, nuclear, or by- products
material within the meaning of the Atomic Energy Act of 1 954, as replaced
or amended from time to time, and the rules, regulations, and written policies
or written guidelines promulgated under the Act.
Cefe 007 Absolute Waste Agent Final 082907.doc Page 3 of 33
(c) Any other waste, material, or substance, which is characterized or
defined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA
with respect to the Landfill or by any other Federal or State regulatory
agency having jurisdiction over the Landfill under any written regulation,
policy, guideline, or order having the force of law.
(d) Notwithstanding the above, if the TCEQ or USEPA determine by written
regulation, policy, guideline, or having the force of law in relation to:
(I) A waste, material, or substance, which is not considered toxic or
hazardous as of the effective date of this Agreement, is toxic or
hazardous, then the waste, material, or substance shalt, from the
effective date of the determination by TCEQ or USEPA, constitutes
a hazardous waste for purposes of this Agreement.
(ii) A waste, material, or substance, which is considered toxic or
hazardous as of the effective date of this Agreement, is not toxic or
hazardous, then such waste, material, or substance shall, from the
effective date of the determination by TCEQ or USEPA, A, no longer
constitutes a hazardous waste for the purposes of this Agreement.
Heavy brush means tree and shrub limbs and trimmings, which are greater than
three (3) inches in diameter, tree trunks, root balls, and other large plant matter.
Household appliance means general household appliance that will not fit into a
refuse receptacle including:
Non -metal appliance, such as a television set, stereo system, video cassette
recorder (VCR), microwave oven, and other similar item constructed
primarily of plastic or other non- metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing
machine, clothes dryer, refrigerator, window air conditioning unit, water
heater, lawn mower or edger, and other similar items constructed primarily of
metal parts.
Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and
limited construction/demolition materials commonly generated by a residential
household.
Jurisdictional waste means waste collected within the City or its industrial districts.
Landfill means the City's Cefe Valenzuela Municipal Landfill located in Nueces
County, Texas.
Litter means any rubbish, paper, napkins, straws, cups or containers made of
paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum
Cefe 2007 Absolute Waste Agmt Final 082907.doc Page 4 of 33
wrappers, remnants of food, cans, or remnants or parts thereof, or any material of
an unsanitary nature.
Medical waste means waste generated by health -care related facilities and
associated health -care activities, including veterinary services, but not including
garbage or rubbish generated from offices, kitchens, or other non - health -care
activities.
Published disposal rate means the published tipping rate for commercial vehicles
based on weight published in Section 21 1 e 2 , less the difference between the
municipal solid waste system service charge published in Section 21-47(b)(1) and
the credit published in Section 21-47(b)(5) and any applicable State or Federal
fees.
Recyclable means a waste material that has been designated by the Director for
inclusion in the City's recycling program, that has a useful physical or chemical
property after serving its original purpose, or that may be reused, sold as a
commodity, or converted into another product.
Refuse means a mixture of garbage, rubbish, and other waste that are normally
placed in a receptacle for collection and disposal, but does not include yard waste,
heavy brush, debris, or constructi
USEPA means the United States Environmental Protection Agency.
Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub
limbs, which are less than three (3) inches in diameter and less than five feet in
length, and other similar plant matter.
1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of
masculine gender means and include correlative words of feminine and neuter genders
and words importing the similar number means and include the plural number and vice
versa.
1.3. Term.
1.3.1. Unless sooner terminated under the terms of this Agreement, this
Agreement is in effect for a term of twenty (20) years subject to extension by the
mutual agreement of the parties.
1.3.2. Upon expiration of the term, the Hauler's obligations to deliver acceptable
waste and the City's obligations to accept, process, and dispose of acceptable
waste shall terminate.
1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19
shall survive the termination of this Agreement.
1.. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste
hauler's permit as required by applicable City ordinances.
ARTICLE 2. ACCEPTABLE WASTE
2.1. Acceptable Waste.
2.1.1. The Hauler shall deliver only acceptable waste.
2.1.2. Any acceptable waste co- mingled with hazardous, medical, or unacceptable
waste will be considered unacceptable waste.
2.1.3. At any time, the City and Hauler mutually may agree in writing that any
materials, which are defined as unacceptable waste in Section 1.1. of this
agreement, should in the future be reclassified as acceptable waste.
2.2. Guaranteed Tonnage.
2.2.1. Commencing on the effective date, the Hauler shall deliver not less than
6,400 tons per year ("guaranteed annual tonnage") of acceptable waste the Hauler
collects within the boundaries of the Coastal Bend Council of Governments' Region
('CBCOG Region"), and the City guarantees that it will accept the waste.
cafe 2007 Absolute Waste A rr t Final 082907.cloc Page 6 of 33
2.2.1.1, If the hauler wishes to avail itself of a 100% volume supply
agreement that is based on all solid waste the hauler collects in the area
'
defined by the boundaries of the Coastal Bend Council of Governments'
Region it must notiN the City at least sixty days in advance and upon
the City's approval this agreement will be amended to reflect the change.
2.2.1.. Any volumes the hauler wishes to deliver outside of the
aforementioned defined boundaries are exempt from these requirements
and minimum volumes and rates may be negotiated with the City on a
separate basis.
2..2. The Hauler shall deliver the guaranteed tonnage. The Hauler's targeted
monthly tonnage is defined as one-twelfth (1/12) of the guaranteed annual tonnage.
2.3. Adjustments to Guaranteed Tonnage.
.1. If notwithstanding the Hauler's best efforts and implementation of best
business ' practices, the Hauler documents to the reasonable satisfaction of the City
a loss of customers ers in the•Coastal Bend Council of Governments' region, which
has result ed in a net decline of more than I 0 of the deliveries to the Landfill by
the
Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage
for a period in excess of a year, the parties will act in good faith to renegotiate the
guaranteed tonnage.
Hauler may request a change in its guaranteed tonnage sixty days
before the annual anniversary date of this Agreement.
Not to Deliver Unacceptable Waste. The Hauler agrees that the
.� Hauler Agrees Hauler not deliver hazardous, medical, or unacceptable waste to the City.
2.5. Ownership
of Solid Waste. Any solid waste delivered to the Landfill remains the
property of the
generator. Legal title to the solid waste shall never pass to the City. Upon
request, the Hauler
will make records available to the City to determine the generators of
any hazardous, medical, or unacceptable waste delivered to the Landfill.
2.. City's Right to Audit Hauler for Compliance.
Hauler has elected the 100 volume supply option under Section
the City has the right to review and audit the Hauler's service and
2.2.1.1 above, y g � .
financial if the City has reason to believe that the Hauler is taking more than
anc�al records ty 20% of the acceptable waste collected within the CBCOG Region to another
disposal site.
For the purposes of this section, the Hauler's service and financial records
include:
(1) A list of all customers located within the CBCOG Region, including:
Cefe 2007 Absolute waste Agent Final 082907.tioc Page 7 of 33
a. The customers name.
b. The physical address of each location that is serviced.
C. The size and service level of any container(s) provi
ARTICLE 3. FEES
3.1. Acceptance Fee for Guaranteed Monthly tonnage.
3.1.1. The discounted acceptance fee for acceptable waste delivered by the Hauler
to the Landfill, which is based on 80% of the hauler's historical volume delivered to
the City, is seventy five percent (75%) of the published disposal rate, plus any
mandated Federal or State fees.
3.1.2 if the hauler requests a change to the agreement to a 100% volume supply
agreement as defined in 22.1.1, and with the City's approval, the new discounted
acceptance rate is seventy -two percent (72%) of the published disposal rate.
3.2. Penalty for Diversion of Any Acceptable Waste to Alternate Disposal Site. If the
Hauler fails to deliver the guaranteed annual tonnage of acceptable waste to the Landfill
but diverts a portion of the guaranteed annual tonnage to another landfill, the Hauler shall
pay the City the contracted rate per ton as defined in 3.1.1 or 3.1.2, whichever is
applicable, for any diverted acceptable waste that is not delivered to the Landfill to satisfy
the Hauler's guaranteed annual tonnage.
3.3. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting
fees imposed by City ordinances. •
3.4 Letter of Credit. If Hauler desires to establish a credit account with City for billing
purposes during term of this Agreement, Hauler is subject to and must comply with the
following rovisions: Prior to establishment of billing account with the City, Hauler shall
provide City Director of Financial Services with an irrevocable letter of credit naming the
City of Corpus Christi as beneficiary, in face value equal to third -five thousand dollars
($35,000.00), for City's use to pay for Hauler's delinquent Landfill accounts.
3.4 .1 The irrevocable letter of credit required under this provision must be issued by
a financial institution with offices located within the City of Corpus Christi, be valid
for minimum period of two (2) years beginning on the date of City Council approval
of this agreement, and require as sole documentation for payment a statement in
writing from the City Director of Financial Services or City Deputy Director of
Financial Services setting forth the circumstances giving rise to the draft and
accompanied by a properly drawn draft in an amount not to exceed the face value
of the letter of credit.
3.4.2 Procedures for City to draw on the letter of credit are as follows:
3.4.2.1 If Hauler is more than 5 calendar days overdue on any City bill or
invoice for Landfill account, City Director of Financial Services or City Deputy
Director of Financial Services shall send written notice to Hauler of intention
to draw on letter of credit if full p a y ment not received within 5 calendar days
Cefe 2007 Absolute Waste Agm# Final 082907.doo Page 9 of 33
of date of notice. If full payment is not received by City Director of Financial
p
Services or City Deputy Director of Financial Services by such date, then
City Director of Financial Services or City Deputy Director of Financial
Services shall draw on letter of credit in an amount sufficient to pay overdue
Landfill account, and provide notice of such draw to Hauler.
3.4.2.2 If Hauler tonna a does not meet the minimum tonnage required
under this agreement, then, upon notification by City Director of Streets and
Solid Waste, City Director of Financial Services or City Deputy Director of
Financial Services shall draw on letter of credit in an amount sufficient to pay
deficiency in minimum tonnage, and shall provide notice of such draw to
Hauler.
3.4.2.3 Within 3 business days of City's draw on letter of credit for any
reason described above, Hauler shall provide City Director of Financial
Services with an irrevocable letter sufficient to provide total face value of
thirty-five thousand dollars. The intent of this paragraph is that Hauler shall
at all times maintain letter(s) of credit naming the City as beneficiary, with
total face value equal to thirty -five thousand dollars ($35,000.00).
3.4.3 After Hauler has promptly paid all City invoices or bills for Landfill account for
consecutive two (2) year period, then the letter of credit shall be released by the
City Director of Financial Services or City Deputy Director of Financial Services.
Until such release, Hauler must maintain an irrevocable letter of credit naming the
City of Corpus Christi as beneficiary, in face value equal to thirty -five thousand
dollars ($35,000.00), and provide City Director of Financial Services with such
letters of credit.
3.4.4 After Hauler has rom tt paid all City invoices or bills for all Landfill accounts
� y
for consecutive ten -four (24) month period, then the letter of credit shall be
refunded without interest to the Hauler.
3.5 Cash Deposit. Prior to establishment of a billing account with the City, in lieu of a
teller of credit, Hauler may p rovide a cash deposit in the amount of $35,000 to the City
Director of Financial Services immediately upon execution of this Agreement, for City's use
to pay for Hauler's delinquent Landfill account.
3.5.1 Procedures for City to draw on the cash deposit are as follows:
3.5.1.1 If Hauler is more than 5 calendar days overdue on any city bill or
invoice for Landfill account, then City Director of Financial Services or City
Deputy Director of Financial Services shall send written notice to Hauler of
intention to draw upon cash deposit if full payment is not received within
calendar days of notice. if full payment is not received by City Director of
Financial Services or City Deputy Director of Financial Services by such
date, then City Director of Financial Services or City Deputy Director of
Cafe 2007 Absolute Waste Agmt Final 09 907. oo Page 10 of 33
Financial Services shall draw on letter of credit in an amount sufficient to pay
overdue Landfill account, and provide notice of such draw to Hauler.
Hauler tonnage does not meet the minimum tonnage required
this agreement then, upon notification by City Director of Streets and
under th a
e City Director of Financial Services or City Deputy Director of
Solid eras ty , .
Financial Services shall draw on cash deposit in an amount sufficient to pay
deficiency cien in minimum tonnage, and shall provide notice of such draw to
Hauler.
3.5.1.3 Within 3 business days of City's draw on cash deposit for any
reason described above, Hauler shall provide City Director of Financial
Services or City Lieu Director of Financial Services with an additional
dery � p �
si sufficient to provide total deposit of thirty -five thousand dollars
cash deposit
($35,000EOO). The intent of this paragraph is that Hauler shall at all times
maintain cash deposit with the City in amount of thirty -five thousand dollars
($35,000.00).
Hauler has promptly paid all City invoices or bills for all Landfill accounts
�. .� After Ha � �
for cons ecutive twenty-four month period, then the cash deposit shall be
refunded without interest to the Hauler.
3.6 A failure to timely provide or maintain letter of credit or cash deposit required above
constitutes breach of this Agreement. Discount for Increased Tonnage. if the Hauler increases the Haulers volume by a
minimum nrmu f n additional 33% or more over the guaranteed annual tonnage established in
�
.1. the Hauler is eligible for a 15% discount off of the discounted
Subsection �,�
acceptance fee, established in Subsection 3.1, in that year. The lower tipping fee will be
applied retroactively to the
' additional waste over the 33% threshold is reached. Once the
base tonnage is calculated under Subsection 2.3, the City will reduce it's billing to the
. of each succeeding year or issue a refund check if the Hauler is a
Hauler at the beginning �
cash customer.
ARTICLE 4. BILLING AND PAYMENTS.
4.1. Billing. There shall be no billing account for Hauler under this Agreement unless
Hauler au lei has provided a letter of credit or cash deposit in accordance with Article 3 above.
Each time Hauler utilizes the Landfill, Hauler shall pay for such usage via debit card or
credit card. lf debit card and credit card are declined, Hauler shall pay with cash. Cash
means legal tender. Otherwise, Hauler may not dispose of the load at the Landfill. Once
' deposit is provided in accordance with Article above, then the
the letter of credit or cash d p
following terms shall apply to a billing account: After the end of each month, the City will
bill the Hauler fort
the total fees due for the billing period, including each ticket number,
ton number assigned by the City, and the tonnage on each ticket.
Mauler's vehicle registration �
Cefe 2007 Absolute Waste Agr t Final 082907.doo Page 11 of
4.2. Payments. The Hauler shall make payment to the City of the amount of each bill
within 30 days of the billing date ( "due date") shown on the bill.
4.3. Overdue Charges. If payment in full is not made on or before the due date, the
Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall
bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate
that may then be lawfully charged and paid, whichever is less, from the due date to the
actual date of payment.
4.4. Disputes.
4.4.1. in the event of a dispute as to any monthly payment the Hauler shall pay
when due the amount of the bill, less the amount in dispute.
4.4.2. The Hauler shall give the City, at the time payment is made on the bill,
written notice of the dispute.
4.4.3. The notice of dispute shall state the amount in dispute and a full statement of
the grounds that form the basis of the dispute.
4A A. Upon settlement by the parties of the dispute, if the City prevails, the Hauler
shall pay interest on any amount not paid by the due date at the interest rate
specified in Section 4.3.
4.5. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the
terms under this Agreement are not subject to any set-off, abatement, counterclaim,
existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable,
which might otherwise constitute a legal or equitable defense or discharge of the liabilities
of the Hauler under this Agreement or limit recourse to the Hauler.
4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments.
Payments made under this Article do not prejudice the rights of the Hauler to claim
abatements, refunds or adjustments to which it is entitled under this Agreement.
ARTICLE 5. LANDFILL PROCEDURES.
5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste
delivered by the Hauler under the terms of this Agreement unless the City has rejected the
solid waste under Section 5.2. of this Agreement.
5.2. Rejection of Solid Waste.
5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a
Force Majeure.
5.2.2. The City is not obligated to accept waste it the Hauler's account is more than
60 days in arrears of the due date. But the City will accept any acceptable waste if
the Hauler makes a cash payment at the time of delivery.
Cafe 2007 Absolute Waste Agent Final 082907,doo Page 12 of
6.2.3. The Hauler fails to comply with any published delivery procedures.
5.2.4. If a delivery of solid waste contains both acceptable waste and any
hazardous, medical, or unacceptable waste.
Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill.
agrees to comply with the provisions in the Site Operating Plan relating to the
The Hauler �
improper elver delivery of hazardous, medical, or unacceptable waste and the procedures for
hazardous, medical, or unacceptable waste from the Landfill. The Hauler
removing any � �
agrees to pay any o a charges relating to the removal and disposal of hazardous, medical,
or
unacceptable waste that would be charged to any other permitted hauler that improperly
delivered hazardous, medical, or unacceptable waste to the Landfill.
6.4. Delivery Schedule.
5.4.1. During the term, the Hauler may deliver acceptable waste to the Landfill
during its normal posted hours of operations.
City will open the•Landfill for at least 58 hours, during weeks without City
holidays. The City reserves the right to expand Landfill hours as it deems
necessary. if the City reduces Landfill hours it will notify the Hauler of such changes
in writing within 24 hours of said determination.
5.4.3. The City will consider requests for additional hours based on special needs
of the Hauler and the availability of Landfill personnel.
5.4.4. Except in a Force Majeure, the City will provide the Hauler with at least
hours advance notice of any changes in the hours or days of operation.
6.6. Delivery Procedures,
delivery of solid waste to the Landfill shall be regulated by the provisions
Site Operating Plan. Copies of the relevant provisions will be provided by the
of the ��te p p .. •
City the Hauler from time to time. The terms and conditions in the Site Operating
c��toth
Flan are
intended to reflect the actual procedures and operations at the Landfill. An
of the relevant provisions of the current Site Operating Plan is attached as
extract �
Exhibit A.
5.5.2. The City reserves the right to redirect the Haulers trucks from the working
face to an on -site transfer station.
5.6. Delivery Vehicles.
5.6.1. Acceptable waste must be delivered by the Hauler, at its expense, to the
Landfill in enclosed container vehicles or enclosed compactor vehicles complying
applicable State laws and regulations and City ordinances regulating the
with any
permitting of haulers vehicles, and containers, regulating the marking of solid
g
waste vehicles and containers, setting insurance requirements for haulers and
Cefe 2007 Absolute Waste Agent Final 082907.doc Page 13 of 33
vehicles, and identifying the hauler or generator of solid waste being delivered to
the Landfill.
5.62 The City may provide for a system for the identification of delivery vehicles,
including, without limitation, identification of the Hauler, identification of the specific
vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle
or containers used to haul solid waste to the Landfill.
5.6.3. The City is under no obligation to accept acceptable waste from persons or
vehicles not complying with the permitting and marking systems, the insurance
requirements, or the delivery procedures established by the City.
5.6.4. The City may enforce compliance with permitting and marking systems and
delivery procedures by denial of disposal privileges and such other means as it may
reasonably determine to be necessary and appropriate.
5.7. Front of Line Privileges.
5.7.1. The City will provide front of line privileges to the Hauler and other haulers •
with "put or pay" contracts with the City.
6.7.2. The City may at its discretion suspend front of line privileges under this
agreement when waiting times to tip for other permitted haulers at the Landfill
approach thirty (30) minutes.
ARTICLE . ASSIGNMENTS.
.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly,
its interest in and to this Agreement, without the consent of the City Manager, which
consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions.
6.2. Assignment By City. The City may, with prior written notice to the Hauler, assign all
or any portion of this Agreement for any lawful purpose. The assignment of all or any
portion of this Agreement does not relieve the City of any obligation under this Agr eme nt
without the consent of Hauler.
ARTICLE 7. INSURANCE.
ANC .
7.1. Insurance Requirements. Insurance requirements are attached to and incorporated
into this Contract as Exhibit B attached to and made a part of this Agreement, and may be
revised annually by the City's Contract Administrator upon thirty (30) days written notice to
Hauler.
7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by
Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified
in Exhibit B prior to delivering any solid waste to the Landfill.
Cefe 2007 Absolute waste Agmt Final 082907.doc Page 14 of 33
7.3. Certificates of Insurance. Before activities can begin under this Contract, Hauler's
and any subcontractor's insurance company(ies) must deliver Certificate(s) of Insurance,
as proof of the required insurance coverages to the City's Contract Administrator.
7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally,
the Certificate(s) must state that the City will be given at least thirty (3Q) days notice by
certified mail of cancellation, material change in the coverages, or intent not to renew any
of the policies.
7.5. City Named As Additional Insured. The City must be named as an Additional
Insured in each policy. The City Attorney must be given copies of all insurance policies
within 15 days of the City's Contract Administrator's written request.
7.6. Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the
City for any injury, foss, or damage to Hauler resulting from the performance of this
Agreement, to the extent compensation for the injury, loss, or damage shall have been
recovered under any insurance policy.
7.7. Written Notice of Injury, Loss; or Damage Required. Immediately upon the
occurrence of any injury, loss or damage resulting from the performance of this
Agreement, written notice shall be given to the City's authorized representative.
ARTICLE 8. INDEMNIFICATION
8.1 Indemnification for Death, Personal Injury, or Property Damage.
8.1d1 To the extent allowed by Texas law, Hauler, its officers,
members, partners, employees, agents, subcontractors, and
licensees shall fully indemnify, save, and hold harmless the City,
its officers, employees, agents, Licensees, and invitees ( "City
indemnitees") against any and all liability, damage, loss, claims,
demands, judgments, actions, costs, and expenses (including
reasonable attorney's fees and expenses) of any nature
whatsoever on account of persona! injuries {including, without
llmitation on the foregoing, workers' compensation and death
claims), or properly loss or damage of any kind whatsoever,
which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with the
Hauler's delivery of solid waste to the Landfill under this
agreement.
8.9.2. To the extent allowed by Texas law, the City shall fully
indemnify, save, and hold harmless the Hauler, Its officers,
employees, agents, licensees, and invitees ("Hauler indemn!tees")
Cafe 2007 Absolute waste Agent Final 082907.doc Page 15 of 33
against any and all ilabiity, damage, loss, claims, demands,
judgments, actions, costs, and expenses (including reasonable
attorney's fees and expenses) of any nature whatsoever on
account of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property
loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or be
in any manner connected with the City's delivery of solid waste to
the Landfill under this agreement.
8.2. Indemnification for Improper Disposal of Hazardous, Medical, or
Unacceptable Waste. If the City elects to dispose of any hazardous,
medical, or unacceptable waste, the Hauler shall indemnify and hold
the City indemnitees harmless from and against all liabIlities, losses,
damages, costs, expenses, and disbursements, including reasonable
legal fees and expenses arising out of the processing or disposal by •
the person of unacceptable waste or waste not constituting acceptable
waste delivered by the Hauler and Incidental and consequential
damages incurred by the City indemnitees.
8.3. Indemnification for Violations of Any Federal or State Laws and
Regulations. The Hauler shall hold harmless and indemnify the City
indemn!tees from and against any expense, fine, or penalty, including
attorneys fees, and shall defend the indemnitees in any proceeding,
including appeals, for violation of any Federal or State taw, rule, or
regulation relating to the collection, transportation, and disposal of
solid waste arising out of the any of the following:
8.3.9. The negligence or wrongful misconduct of the Hauler, its
directors, officers or partners, employees, contractors, or agents.
8.3.2. The failure by the Hauler, its directors, officers or partners,
employees, contractors, or agents to comply with applicable law,
rule, or regulation.
8.3.3. The delivery by the Hauler of any Hazardous Waste or
hazardous, medical, or unacceptable waste to the Landfill.
8.4. Duty to investigate, Defend, Settle, and Pay Any Claims and
Demands.
Cele 2007 Absolute Waste Agmt Final 082907.doc Page 16 of 33
8.4.1. Hauler must, at its own expense, investigate all those
claims and demands, attend to their settlement or other
disposition, defend all actions with counsel satisfactory to City
indemnitees, and pay all charges of attorneys and all other cost
and expenses of any kind arising from any of said liability,
damage, loss, claims, demands, or actions.
8.4.2. To extent authorized by law, the City must, at its own
expense, investigate all those claims and demands, attend to
their settlement or other disposition, defend all actions with
counsel satisfactory to Hauler indemnitees, and pay all charges
of attorneys and all other cost and expenses of any kind arising
from any of said liability, damage, doss, claims, demands, or
actions.
ARTICLE 9. GOyERNMENTAL REGULATION.
.
9.1. Jurisdiction. The City and the Hauler acknowledge that the collection,
transportation, and disposal of solid waste is subject to regulation under both Federal and
State laws and regulations and the jurisdiction of various governmental agencies,
including, without limitation, US PA, TCEQ, and the Texas Department of Public Safety.
9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection,
Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their
own expense , sub J ect to the provisions in this Agreement relating to Change in Law and
Force Majeure), to materially comply with all applicable law, statutes, rules, regulations,
ordinances, and Site Operating Procedures applicable to them in connection with this
Agreement and the transactions contemplated by this Agreement. The law, statutes,
rules, regulations, and ordinances may include, without limitation, actions taken by the
Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic
associated with the Landfill.
9.3. Compliance with Other Laws and Regulations and industry Standards by
Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances,
permits, and requirements of any governmental entity having jurisdiction, including all
applicable health and safety, anti discrimination, affirmative action, and minority business
opportunity laws, and all applicable industry codes, specifications, and standards
�p �
respecting Hauler's business and operation.
9.4. Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take
all necessary action to cause persons delivering waste on its behalf to the City to comply
with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or
ordinance of the City of Corpus Christi, USEPA, TCE , the Texas Department of Public
Safety, and any other authorized Federal or State agency or law enforcement
organization.
Cefe 2007 Acute Waste Aunt Final 082907.doe Page 17 of 33
ARTICLE 1O SUSPENSION SION DUE TO FORCE MAJEURE.
10.1. Suspension of obligations.
10,1,1. A delay or failure of performance under this Agreement by either party shall
not constitute an event of default or cause for any liability under this Agreement to
the extent caused by Force Majeure.
10.1.2. Any delay or failure caused by a Force Majeure shall be excused at any
time performance is affected by a Force Majeure and during the period as may
be reasonably necessary for the affect party, using its reasonable efforts to
correct the adverse effects of the Force Majeure.
10.1 3. it the Force Majeure causes a reduction, but not a complete suspension in
the ability of the City in connection with the operation of the Landfill to accept,
process, or dispose of acceptable waste, then subject to then existing commitments
of the City with respect to the Landfill, and the requirements of all applicable
permits, consents ,and approvals of the USEPA, TCEQ, and other governmental
entities, the City shall use its reasonable efforts to allocate a portion of the reduced •
capacity of the Landfill to the Hauler. The allocation of Landfill capacity shall be
determined by the City in its sole discretion.
10.1.4. The party relying on a Force Majeure as justification for a delay or failure
of performance under this Agreement shall give the other party prompt written
notice of the Force Majeure.
10.2. Efforts to Remove Condition. A party whose performance is adversely affected
by a Force Majeure shall use its reasonable efforts to overcome or remove the Force
Majeure.
10.2.1, After the completion of a suspension due to the Force Majeure and to the
extent the City has the capacity to accept and dispose of excess waste, the City
shall use its reasonable efforts to accept acceptable waste collected by the Hauler,
which the Hauler was unable to deliver to the City during the Force Majeure period,
10.2.2. The City is not obligated to accept acceptable waste to the extent that the
acceptance, processing, or disposal of the acceptable waste is contrary to or in
violation of or would cause the City to be in violation of any permits and approvals
for the Landfill.
10.2.3. In the event that Hauler is prevented from delivering acceptable waste to
the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver
such tonnage as is reasonably practicable under the circumstances. The parties
shall negotiate and agree on the period during which Hauler is entitled to cure any
resulting shortfall.
sere 2007 Absolute Waste A rnt Final 082907.doc Page 18 of 33
1 .3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law,
regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge
does not constitute a Force Majeure.
► TICLE 11. LIQUIDATED DAMAGES AND DEFAULT.
ULT.
I I.1. Suspension of Service by city. if the City fails to accept acceptable waste at the
Landfill as required by the terms of this Agreement, the Hauler may select an alternate
disposal site and be credited for any acceptable waste delivered to an alternate disposal
site for the period of the failure by the City. If the conditions continue for more than thirty
(30) days, this Agreement automatically terminates.
11.2. Events of Default of the City. The City is in default if it makes a general
assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated
insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or
trustee for it or any substantial part of its property, commences any proceeding relating to
it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
liquidation law or statute of any jurisdiction, whether now or after the effective date of this
Agreement is in effect, or if there shall have been filed any such proceeding, in which an
order for relief is entered or which is not dismissed for a period of sixty (60) days or more,
or if by any act indicates the City's consent to, approval of, or acquiescence in any petition,
application, or proceeding or order for relief or the appointment of any custodian, receiver
of, or any trustee for the City or any substantial part of the City's property, or suffers any
custodianship, receivership, or trusteeship to continue undischarged for a period of sixty
days or more.
11.3. Events of Default of Hauler. Each of the following shall be an event of default by
the Hauler under this Agreement and are grounds for termination of the Agreement:
11.3.1, The Hauler fails to pay any amounts, including without limitation, the
acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which
become due under this Agreement, within thirty days of notice of delinquency
from the City.
1 1.3.2. The Hauler fails to observe and perform any other material term, covenant,
or agreement contained in this Agreement, the Site Operating Plan, or other
agreements or policies to which either the Hauler is subject and the failure
continues for a period of thirty (30) days after written notice to the Hauler specifying
the nature of the failure and requesting that it be remedied.
I I.3.3. The Hauler fails to keep all insurance policies in force for the entire term of
this Agreement is grounds for termination.
11.3.4. The Hauler makes a general assignment for the benefit of creditors, files
a petition in bankruptcy, is adjudicated insolvent or bankrupt, pt, petitions or applies
to any tribunal for any custodian, receiver, or trustee for it or any substantial part
. y y
of its its property, commences any proceeding relating to the Hauler under any
bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
Cefe 2007 Absolute waste Agmt Final 08290T.doc Page 19 f 3
liquidation law or statute of any jurisdiction, whether now or after this Agreement
is in effect, or if there is or has been filed any proceeding, in which an order for
relief is entered or which is not dismissed for a period of sixty days or more,
or if by any act indicates the Hauler's consent to, approval of, or acquiescence in
any petition, application, or proceeding or order for relief or the appointment of
�
any custodian, receiver of, or any trustee for the Hauler or any substantial part of
the Haulers property, or suffers any custodianship, receivership, or trusteeship to
continue undischarged for a period of sixty days or more.
11.4. Remedies on Default. Whenever any event of default occurs and is continuing, the
non defaulting party has the following rights and remedies:
11..1. Upon ten 0 days written notice to the City, if the City is then in default,
the Hauler has the option to terminate this Agreement, unless the event of default is
full y cured prior to the expiration of ten 10 day period or unless during the period
the City has taken remedial steps the effect of which would be to enable the City to
cure the event of default within a reasonable period of time (which, if the event of
default is a default in the payment of monies and results from restraint by a court or
regulatory agency, means the undertaking and prosecution of prompt, diligent,
good faith efforts to remove the restraint);
11.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in
default, the City shall have the option to terminate this Agreement, unless the
event of default is fully cured prior to the expiration of ten 10 day period or
unless during the period the Hauler has taken remedial steps the effect of which
would be to enable the Hauler to cure the event of default within a reasonable
period of time (which, if the event of default is a default in the payment of monies
and results from restraint by a court or regulatory agency, means the undertaking
and prosecution of prompt, diligent, good faith efforts to remove the restraint);
11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall
have the option, without terminating this Agreement, to stop accepting acceptable
waste delivered or tendered for delivery by the Hauler, until the default is cured or
this Agreement is terminated. The City may concurrently pursue any other
remedies to which it is entitled at law or in equity for the default
ARTICLE 12. REPRESENTATION AND WARRANTIES.
AI TIES
12.1. Representations and Warranties of the Hauler.
12.1.1. The Hauler by this Agreement represents and warrants to the City that this
Agreement has been executed by authorized officers of the Hauler, and has before
entering this Agreement delivered to the City evidence of the authority.
12.1.2 The Hauler has the full power and authority to execute and deliver this
Agreement to the City and to carry out the obligations and transactions
contemplated by this Agreement throughout its term.
Cefe 2007 Absolute Waste Agmt Final 082907.doc Page 20 of 33
12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler,
threatened that questions this Agreement or that affects or may affect the
obligations and transactions contemplated by this Agreement.
12.2. Representations and Warranties of the City.
2.2.1. The City this Agreement represents and warrants to the Hauler that the
City has the full power and authority to execute and deliver this Agreement to the
ty �
Hauler and to carry out the obligations and transactions contemplated by this
Agreement
12.2.2. There is no claim or litigation pending or to the knowledge of the City,
threatened that questions this Agreement or that affects or may affect the
obligations and transactions contemplated by this Agreement.
12.3. Liability for Breach. It is understood and agreed that the signatories to this
Agreement are liable to each other in the manner and to the extent provided by law for any
loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or
obligation of this Agreement. This section shall survive the term of this Agreement.
ARTICLE 13. GOVERNING LAW AND NU *
13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement
shall be under and controlled by the laws of the State of Texas.
13.. Venue. The sole and exclusive forum for the initial determination of any question of
law or fact to be determined in an y judicial proceeding relating to this Agreement shall be
any court of competent jurisdiction in Nueces County, State of Texas, including the United
States District Court for the Southern District of Texas, Corpus Christi Division.
13.3. Agreement Not Affected by Litigation. Except as otherwise specifically
provided in this Agreement, the pendency of any claim or litigation does not affect the
obligations of the parties to make any payment or render any service required by this
Agreement or the rights of the parties under this Agreement,
ARTICLE 14. MISCELLANEOUS PROVISIONS.
14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations,
representations, and g reements between the parties. This Agreement constitutes the
entire agreement between the parties to this Agreement in respect of the subject matter of
this Agreement.
14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy
impairs to or in favor of any party under this Agreement mpairs any right or remedy or
constitutes a waiver of the right or remedy. Every right and remedy given under this
Agreement or by law may be exercised from time to time and as often as may be deemed
expedient by the parties to this Agreement
cafe 2007 Absolute Waste Agrnt Final 082907.doc Page 21 of 33
14.3. Amendments ents and Modifications. This Agreement may not be amended or
modified except in writing. The amendment or modification must be signed on behalf of
both parties by their duly authorized officers.
14.4. Independent Contractor. Hauler will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and
under no circumstances or conditions may any agent, servant, or employee of Hauler be
considered as an employee of the City.
14.5. subcontractors.
14.6.1. Hauler may use subcontractors in connection with the work performed
under this Agreement. When using subcontractors, however, Hauler must obtain
prior written approval from the Contract Administrator.
14.5.2. In using subcontractors, Hauler is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of Hauler.
14.5.3. All requirements of this Agreement imposed on the Hauler are applicable
to all subcontractors and their employees to the same extent as if the Hauler and
its employees had performed the services.
14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the
respective successors and permitted assigns of the parties to this Agreement.
14.7. Contract Administrator, The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement including deductions for non - performance and authorizations for payment. All
of Hauler's notices or communications regarding this Agreement must be directed to the
Contract Administrator, who is the City's Director of Solid Waste Services.
14.8. Notices. All written notices, reports, and other documents required or permitted
under this Agreement must be in writing and are deemed to have been given when
delivered personally or deposited in the mails, postage prepaid, registered or certified mail,
return receipt requested, or by commercial overnight courier addressed to the party to
whom notice is being given at the party's address set forth below. Either party may
change its address by sending written notice that complies with this Section.
Hauler: Absolute Waste Acquisitions, Inc.
Attn: Mr. William Davis
P. 0. Box 260898
Corpus Christi, TX 78426
and
2932 County Road 44
Robstown, TX 78380
(361) 887 -7747 Phone
(361) 767 -8317 Fax
Cefe 2007 Absolute Waste Amt Final 082907.doc Page 22 of 33
City: Director of Solid Waste Services
City of Corpus Christi
2525 Hygeia Street
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
14.9. Representatives. For billing purposes, the parties designate the following
representatives and addresses:
Hauler: Absolute Waste Acquisitions, Inc.
Attn: Mr. William Davis, President
P. O. Box 260898
Corpus Christi, TX 78426
and
2932 County Road 44
Robstown, Texas 78380
(361) 887 -7747 Phone
(361) 767 -8317 Fax
City: City of Corpus Christi — Financial Services
Accounts Receivables
1201 Leopard Street
P.O. Box 9257
Corpus Christi, Texas 78469 -9257
14.10. Fiscal Year. AU parties recognize that the continuation of any contract after the
close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to
appropriations and budget approval providing for such contract item as an expenditure in
that budget. The City does not represent that the budget item will be actually adopted, that
determination is within the sole discretion of the City Council at the time of adoption of
each budget.
14.11. Right to Most Favorable Acceptance or Tipping Fees,
14.11.1. if the City enters into an agreement with any other company, person, or
legal entity that provides solid waste hauling services or generates, disposes, or
transports solid waste to the City's Landfill (or enters into a renewal, modification,
extension of any existing agreement with such a party), and the document
contains provisions for acceptance or tipping fees more favorable to the other
party than those in this Agreement, the Hauler shall have the right either to
terminate this Agreement or to amend this Agreement to contain such more
favorable terms and provisions.
14.11.. An agreement that offers an equivalent discounted acceptance fee for a
commitment to deliver a guaranteed annual tonnage instead of all tonnage
Cefe 2007 Absolute haste Agent Final 082907. doe Page 23 of
collected within the CBCOG Region is considered comparable to this Agreement
if the other terms and conditions are similar to this agreement.
14.11.3. The City will not offer similar agreements to a hauler that has not had a
solid waste hauler permit for at least 12 months.
14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of
the City Council to amend the City's Code of Ordinances, including its authority to regulate,
permit, and franchise solid waste haulers operating within the City or using the City's solid
waste disposal facilities; regulate the storage, transportation, and disposal of any solid
waste generated within the City or its industrial districts; or impose taxes, surcharges,
utility fees, or other fees, including generator fees, on residents, commercial and industrial
facilities located within the City and industrial di
concerning content or performance under this Agreement to any third
the existence, cont
paw.
permitted to photograph, film, tape or other make audio
'I.'�� The Hauler is not p ,
• allow any unauthorized person to enter the Landfill without
or visual recording at, or all
the express prior written consent of the City's Director of Solid Waste Services.
1. may .�. The Hauler
not use or permit the use of the trade or service names,
marks, or logos of the City or any of its affiliates in any manner.
the expiration or the termination of this
14.19. Survival of Obligations. Notwithstanding
or obli ation of Hauler, which has not been fully
Agreement under its terms, any duty 6ny , � . • . and rr ht, unconditional or conditional, which has
observed �forred� or d�schared, g
been created for the benefit of the City, , and which has not been fully enjoyed, enforced, or
satisfied fied but not limited to the duties, obligations, and rights, if any with respect
• • guaranty) shall survive the expiration termination of this
to secrecy, indemnity, warranty, guars ty �
Agreement until the duty or obligation has been fully observed, erforrnd or discharged
and the right has been fully enjoyed, enforced, and satisfied.
ad �
.. a ies. Neither a shall be liable for or obligated to pay
'�,� Exclusivity of hem ! •
- - incidental, or indirect damages in connection with the
punitive, consequential, special,
performance of this Agreement.
1. Sale of Hauler. In the event of a sale of the corporate stock of the Hauler or the
of assets of the Hauler to a third party, the Hauler may give
sale of substantially all o ,
notice termination Agreement and be relieved of any further obligation to
r�o�ce of early trrr��nt�on of this �
• tonnage required under Section 2.2.1 above. For such
dispose of the guaranteed annual to
• purchaser must be a third party that is not related to or affiliated
termination to occur, the purchase .
with Hauler in any manner. Such notice of termination shall be
�nr�th the Hauler or any owner of Haute
given at least 180 days in advance ce of the termination date. Upon such termination, the
Hauler's obligations to deliver acceptable waste and the City's obligations to accept,
acceptable waste shall terminate; provided, however, that the
process, and dispose of acoep •
- '! .1 and 14.19 shall survive the terlr�atin of
provisions of Article and Sections � �.�,
this Agreement
r Agreement. The parties to this Agreement are parties to a
'� � Termination of Pry �
prior Waste Disposal Agreement pertaining to the disposal of waste at the J. C. Elliott
.
• effective date of this Agreement, the prior Waste Disposal
Municipal Landfill. Upon the effects
of no further force or effect, except for survival of the
Agreement shall terminate and be r
provisions of Article and Sections
12. 14. 18, and 14.19 of the prior Agreement. The
City da s written notice of the termination of said prior
�� agrees to pnv�d F-laler th rt i � .
Waste Disposal Agreement and the effective date of this Agreement.
this caused this Agreement to be executed on the date the
The parties to this Agreement have c � .
- agreement. This Agreement is intended to take effect
City's representative executes this afire
as a sealed instrument.
efe 2007 Absolute Waste Agrnt Final 0B 90 .doc
Page 25 of
AGREED TO Y:
ABSOLUTE WASTE ACQUISITIONS, INC.
101L—
William Davis
President
Date:
THE STATE OF TEXAS
COUNTY OF C 5
(di T r � i �srurr�en eras acknowledged here a 3° 54", 2 7
William Davis, President, on behalf of Absolute Waste Acquisitions, Inc., a Texas
Corpora ' . n.
No . ry Public
State of Texas
crr OF CORPUS CHRISTI
. George K Noe
City Manager
Date:
Attest:
Armando Chapa
City Secretary
DANNETTE OTT
Notary Public, State of Texas
My Commission Expires
JANUARY 21, 2008
Cafe 2007 Absolute Waste Agmt Final 082907. doe Page 26 of 33
a ved = s to form. hi • ay o
4 f
i .0 iri wig ,
4
Ai/
,''b .- � Rundle
Assts - rat City Attorney
for the City Attorney
THE STATE OF TEXAS
4
COUNTY F NUECES
This instrument was acknowledged before me on - -�, 2007, by
George K. Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation,
on behalf of said corporation,
Notary Public
State of Texas
Cefe 2007 Absolute Waste Agent Final 082907.doc Page 27 of 33
EXHIBIT A
EXTRACTS FROM
SITE OPERATING PLAN
CITY OF CORPUS CHRISTI
CEFE VALENZUELA MUNICIPAL LANDFILL
PERMIT
[SOP WILL BE DELIVERED UPON APPROVAL BY TCEQ]
Cefe 2007 Absolute Waste Agrt Final 08 907 doc
EXHIBIT
INSURANCE RE U I R M 1TS
Hauler Liability Insurance
may A.
The Hauler ma not deliver any solid waste to the City's Cefe Valenzuela
Municipal Landfill under this Agreement until Hauler has obtained all
insurance required by this exhibit and the required insurance has been
approved by the City. The Hauler may not allow any subcontractor to deliver
solid waste to the Landfill until all similar insurance required of the
subcontractor has been obtained and approved.
B. The Hauler must furnish to the city's Risk Manager, 2 copies of Certificates
of Insurance with the City named as an additional insured for all liability
policies, and a blanket waiver of subrogation on all applicable policies,
showing the following minimum coverage by insurance company (s)
acceptable to the city's Risk Manager.
TYPE OF INSURANCE
30-Day Notice of cancellation required on
all certificates
Commercial General Liability including:
1. Commercial Form
2. Premises — Operations
3. Products/ Completed Operations
Hazard
4. Contractual Insurance
5. Broad Form Property Damage
6. independent Contractors
T Personal Injury
AUTOMOBILE LIABILITY—OWNED NON-
OWNED R RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
$1J0001000 COMBINED SINGLE LIMIT
AGGREGATE LIMIT OF LIABILITY FOR
EACH POLICY PERIOD
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TAW
WORKERS' C MPENSATI N ACT AND
PARAGRAPH 2.A. OF THIS EXHIBIT
$100000
C. in the event of accidents of any kind, the Hauler must furnish the Risk
Manager with copies of all reports of such accidents at the same time that
the reports are forwarded to any other interested parties.
Cefe 2007 Absolute Waste Agra Final 082907.doc
J
2
2. ADDITIONAL REQUIREMENTS
IREMENTS
A. The Hauler and its subcontractors must obtain workers' compensation
coverage through a licensed insurance company or through self - insurance
obtained in accordance with Texas law. If such coverage is obtained
through a licensed company, the contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance.
If such coverage is provided through self - insurance, then within 10 calendar
days after the date the Contract Administrator or his designee requests that
� Risk
the Hauler sign the contract documents, the Hauler must provide the
Manager with a copy of its certificate of authority to self - insure its workers'
g p
compensation coverage, as well as a letter signed by the hauler stating that
the certificate of authority to self - insure remains in effect and is not subject to
any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before the expiration of
i
the Agreement by the city, the certificate of authority to self - insure is
revoked or is made the subject of any proceeding which could result in
revocation of the certificate, then the Hauler must immediately provide
written notice of such facts to the City, by certified mail, return receipt
requested directed to Director of Solid Waste Services, City of Corpus
Christi, P.O. Box 9277, Corpus Christi, TX 78469 -9277.
Whether workers' compensation coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must
be in an amount sufficient to assure that all workers' compensation
by obligations incurred b the Hauler and its subcontractors will be promptly
g
met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on
the liability except e, t for the Workers' Compensation coverage and a
p
blaniet waiver of subrogation on all applicable policies.
If your insurance company uses the standard ACORD form, the
cancellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled', and deleting the words,
"endeavor to ", and deleting the wording after "left ".
The name of the g
ro1 'ect, e.g., "City of Corpus Christi Solid Waste Hauler
Agreement' must be listed under "Description of Operations"
At a minimum a 30-day written notice to the City's Risk Manager of
change or cancellation i
C. if the Certificate of Insurance on its face does not show on its face the
existence of the coverage required by items 1.B.(1)-(8), an authorized
representative of the insurance company must include a letter specifically
stating whether items 1.B.(1)-(8) are included or excluded.
cefe 2007 Absolute Waste Agn1 Final 082907.cloc
4
10
AGENDA MEMORANDUM
AGENDA ITEM:
August 28, 2007
a. Motion approving the amount of monies to be paid as cash in lieu of construction of
Ametrine Drive, a half street, and its related water infrastructure in accordance with the
Platting Ordinance Section III - Design Standards, Subsection A. 12.d)(1).
b. Motion authorizing the City Manager to execute a Half Street Deferment Agreement with
JJAR Development, LLP, (Developer), in the amount of $91,491.90 for public improvements
including pavement, curb, gutter, sidewalks, and water infrastructure for the future street
construction improvements to Ametrine Drive adjacent to the west property line of Legends
of Diamante Unit 2, located north of Slough Road and east of Rodd Field Road, in
accordance with the Platting Ordinance Section IV-Design Standards, Subsection A. 12.c).
ISSUE: JJAR Development, LLB', developer of Legends of Diamante Unit 2, submitted deferment
agreement documentation to defer construction of one -half of Ametrine Drive in accordance with the
Platting Ordinance, Section IV-Design Standards, Subsection A. 1 . c). The Deferment Agreement,
between the City of Corpus Christi and JJAR Development, LLP will allow the Developer to defer the
construction of required improvements including construction of pavement, curb, gutter, sidewalks,
and water infrastructure until the tract of land along the west side of future Ametrine Drive is platted
and required to participate in the construction of Ametrine Drive. According to current Master Plan
information, no wastewater or stormwater infrastructure is proposed within the roadway section.
REQUIRED COU CIL ACTION: Council approval of the amount of monies to be paid as cash in
lieu of construction of Ametrine Drive and Council authorization for the City Manager to enter into a
deferment agreement with %LIAR Development, LLP, (Developer).
CONDITION: Developer must deposit cash with the City for the cost of the future improvements,
and comply with all other requirements of the Deferment Agreement.
RECOMMENDATION: IMEI DATION: Staff recommends approval of the motions as presented.
• r\aQ.cnwv
Deborah A. Marroquin, P.E.
Interim Director of Development S ices
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Half Street Exhibit
Cost Estimate
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: Legends of Diamante Unit 2 (Exhibit B) is a 9.063 acre tract being
platted for the purpose of developing a residential subdivision. Staff recommendations for
platting this property included the requirement for dedication and construction of a half
street and its related water infrastructure improvements for Ametrine Drive, a reach of
approximately 745 linear feet of street pavement (Exhibit Cy The Corpus Christi Urban
Transportation Plan designates Ametrine Drive as a future C1 residential collector (40-foot
pavement width within a 60-foot right of way). According to current Master Plan
information, no wastewater or stormwater infrastructure is proposed within the roadway
section. The Planning Commission approved the plat containing the half street on the
basis that it will be practical to require the dedication of the other half of Ametrine Drive
when the adjoining property is platted.
staff has determined the best interest of the public will be served by delaying construction
of Ametrine Drive until its full right of way width is dedicated when the adjoining property is
platted. The Developer agrees to pay cash in lieu of construction of the half street and its
related water infrastructure. The funds will be placed into the Infrastructure Fund and will
be used for the sole purpose of future construction of Ametrine Drive. This delayed
arrangement can be entered into with the Developer because each lot within Legends of
Diamante Unit 2 will have all required utility improvements and access to streets as
required in the Platting Ordinance. The Development Services Engineer determined City
participation by payment into the Infrastructure Trust Fund is not required.
The Planning Commission, n, at its August 22, 2007 meeting, recommended execution of the
Deferment Agreement and found reasonable cause to defer the half street construction
requirement.
A Deferment Agreement, (Exhibit E) between the City of Corpus Christi and %MAR
Development, LLP will allow the Developer to defer the construction of required
improvements including construction of street pavement, curb, gutter, sidewalks, and water
infrastructure until the tract of land along the west side of future Ametrine Drive is
developed and required to participate in the construction of Ametrine Drive.
The Developer agreed to deposit $91 , $91,491.90 in cash for the estimated cost (Exhibit of
constructing the required improvements, in compliance with the Platting Ordinance.
EXHIBIT A
PROPOSED
HALF-STREET
DEFERMENT
LOCATION
301 R.O.W. DEDICATION
DOC#
992353
D.R.N.C.T
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GRAPHIC SCALE
0 loo 20 300 40s
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0
CC
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2
2t.
MARINE DRIVE
tL
CURB, GUTTER
WALK, & PAVEMENT
--- 301 R.O.W. DEDICATION
DOC#
992353
D.R.N.C.T
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engineering-diving-surveying
820 Buffalo Street c/401)
P.O.Box 2927 403)
a 1 Corpus Christi. exas
fox 361.8876855
361.887.8851
381.887.8855
•—rnail: nreerverinc.com
viebsite: www.rve—inc.corn
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Page 1 of 1
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engineering-diving-surveying
820 Buffalo, Corpus Christi, TX 78401-2216
P. 0. Box 2927, Corpus Christi, TX 78403 -2927
(361) 887 -8851 FAX (361) 887 -8855
rve @rve- inc.corn www.rve- inc.com
1/2 STREET DEFERMENT REQUIREMENT
(AMETRINE DRIVE)
ITEM
DESCRIPTION
UNIT QUAN.
UNIT
PRICE
TOTAL
COST
1
'Clearing & Grubbing
AC .
$ 400.00
$ 200.00
2
Street Excavation
CY ,
1250
2.65
$ 3,312.50
3
" Lime-Treated Sub rade
SY
1 901
2.95
$ 5,607.95
4
8 "Caliche Base
SY
1573
$ 10.00
f 15,730.00
5
Prime Coat
SY
1 573
$ 0.50
$ 786.50
6
2" HMAC
SY
1573
$ 9.00
$ 14,157.00
' 7
6" L -Curb
LF
740
$ 9.50
,
$ 7,030.00
8
4' Sidewalk
SF _
2946
$ 3.05
8,985.30
9
i
Barrier free
EA
4
650.00
2,600.00
10
^
" PVC Waterline
LF .
592
$ 24.50
14,504.00
11
" Gate Valve/Box
;
EA i
1
$ 830.00
$ 830.00
12
Fire Hydrant
L
EA :
1 1 $2,500.00
$ 2,500.00
1/2 STREET DEFERMENT REQUIREMENT SUBTOTAL
* Unit Prices were determined using prices fro H &G Contractors
10% Engineering fee
10% Contingency
$76,243.25
$7,624.33
$7,624.33
TOTAL $91,491.90
[Exhibit D
Page 1 of 1
Ehibi E
DEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule
municipality, (hereinafter "City") and JAR Development, LLP a Texas limited liability
partnership, (hereinafter "Developer"), and pertains to deferral of the required completion of
certain improvements required prior to filing the final plat of Legends of Diamante Unit 2 (the
"plat), which was approved by the Planning Commission on April 18, 2007 A copy of the final
plat is attached and incorporated as Exhibit 1.
WHEREAS, the Developer is required by the City of Corpus Christi to defer construction of the
pavement, sidewalk, curb, gutter and water infrastructure improvements for one half of Ametrine
Drive as shown in Exhibit 2; and
WHEREAS, the Developer will deposit with the City of Corpus Christi cash in the amount of
Ninety -one Thousand Four Hundred and Ninety -one Dollars and 90/100 ($91,491.9 , which is
the estimated cost of constructing the required improvements, as shown on the attached cost
estimate, which is attached and incorporated as Exhibit 3; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction; and
WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications,
park dedication deferment agreements, and maintenance agreements and all special covenants
have been completed; and
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as
follows:
1. The City agrees to allow the Developer to defer construction of the required street
improvements including pavement, curb, gutter, sidewalk, and water infrastructure for
Ametrine Drive as shown in Exhibit 2.
2. The Developer agrees to deposit Ninety -one Thousand Four Hundred and Ninety -one
Dollars and 90/100 ($91,491.90), with the City of Corpus Christi, which is the estimated
cost of constructing the required improvements. The deposit shall be posted to the
Infrastructure Trust Fund prior to the Development Services Engineer signing the plat.
3. The principal amount of Ninety -one Thousand Four Hundred and Ninety -one Dollars and
90/1 ($91,491.9O) shall be placed by the City in an interest bearing account and the
total sum, both principal and interest, shall be made available to the City of Corpus
Christi solely for the construction of the required improvements hereunder. Such funds
shall not be used for any other purpose whatsoever.
4. The City's Development Services Engineer, at the Developers expense, shall file for
record this Deferment Agreement in the records of Nueces County.
1 of
5. No party may assign this Deferment Agreement r any rights hereunder without the prior
written approval of the other parties.
6. Unless otherwise stated herein, any notice required or permitted to be given hereunder
shall be in writing and may be given by personal delivery, by fax, or by certified mail, and
if given personally, by fax or certified mail, shall be deemed sufficiently given if
addressed to the appropriate party at the address noted opposite the signature of such
party. Any party may, by notice to the other in accord with the provisions of this
paragraph, specify a different address or addressee for notice purposes.
7. This Agreement shall be construed under and in accord with the laws of the State of
Texas and all obligations of the parties created hereunder are performable in Nueces
County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County.
8. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests
form attached to this Agreement as Exhibit 4.
g. This Agreement shall be executed in triplicate, all original copies of which shall be
considered one instrument. When all original copies have been executed by the City,
and at least two original copies have been executed by the Developer, this Agreement
shall become effective and binding upon and shall inure to the benefits of the parties and
their respective heirs, successors and assigns.
2 of
EXECUTED in triplicate this 110-
day of
JAR Development, LLP
B
es Tracy, General Partner
STATE OF TEXAS §
COUNTY OF NUECES §
, 2007.
This instrument was acknowledged before me on the I day of , 2007, by
James Tracy, General Partner, a Texas Corporation, on JAR eve1pm nt, LL.
NO ARV PUBLIC, STA E OF TEXAS
3 of
art OF CORPUS CHRISTI ("City")
P. 0. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361 ) 880 -3501
ATTEST:
By: By:
ARMANDO CHAPA,
City Secretary
GEORGE NOE
City Manager
APPROVED AS TO FORM: This ` , day of 5$ri6z , 2007.
By:
Gary W. Smith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of , 2007,
by George K. Noe, City Manager for the City OF Corpus Christi, a Texas home -rule municipal
corporation, on behalf of the corporation.
NOTARY UBLIC, STATE OF TEXAS
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HALF-STREET
DEFERMENT
LOCATION
30 R.O.W. DEDICATION
DOC#
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UNIT 2
Exhibit 2
Page 1 of 1
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engineering-diving-surveying
ITEM
820 Buffalo, Corpus Christi, TX 78401-2216
P. O. Box 2927, Corpus Christi, TX 78403 -2027
(361) 887-8851 FAX (361) 887-8855
rve@rve-iric.com www.rve- ino.00rn
1/2 STREET DEFERMENT REQUIREMENT
(AMETRLNE DRIVE)
DESCRIPTION
UNIT QUAN.
UNIT TOTAL
PRICE COST
1/2 STREET DEFERMENT REQUIREMENT SUBTOTAL
* Unit Prices were determined using prices fro H&G Contractors
S76,243.25
10% Engineering fee S7,624.33
1O% Contingency $7.624.33
TOTAL $91491.90
Exhibit 3
Page i of 1
Clearing it Grubbing _
AC
0.5
$ 400.00
200.00
-
Sind Excavation
CY
1250
3 2.65
5 3312.50
8" Lime- Treated Sub rade
SY
1 901
2.96
S 5407.95
4
8" s11 he Base
1
1573
10.00
5 15.730.00
Prime Coat - _ _
SY
1573
0.50
78630
2" HMAC
S
1573
$ 9.00
14 %157.00
7
6" -Curb
LF
740
9.50
7.030.00
8
4' Sidewalk
SF
2946
3.05
5 $ 985.30
artier Fre Ram
650.00
2.600.00
10
8" PVC Waterline
LF
592
24.50
14304.00
11
8" Gate Valve/Box
EA
1
830.00
830.00
12
Fire Hydrant
EA
1
$2,500.00
$ 2.500.00
1/2 STREET DEFERMENT REQUIREMENT SUBTOTAL
* Unit Prices were determined using prices fro H&G Contractors
S76,243.25
10% Engineering fee S7,624.33
1O% Contingency $7.624.33
TOTAL $91491.90
Exhibit 3
Page i of 1
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the f011owing information. Every question must be answered. If the question is not applicable,
answer with "I ".
FIRM NAME
STREET: ci93,3_ CITY: e0
FIRM is. 1. Corporation -"' 2. Partnership 3. Sole Owner 4. Association
5. Other
ZIP: 7qiG
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
2. Slate the names of each "official" of the City of Corpus Christi having an "ownership interest,
constituting 3% or more of the ownership in the above named "firm ".
Name Title
10/13-
3. State the names of each `board member" of the City of Corpus Christi having an "ownership interest'
constituting 3% or more of the ownership in the above named "firm ".
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the su ect of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm ".
Name
CERTIFICATE
Consultant
1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: � F PIA f__&—
(Type or Print)
Signature of Certifying Person:
G _
Title: r�ER9L PRthit$
Date: P! -/0_ -.-
Exhibit
11
CITY COUNCIL
AGENDA MEMORANDUM
September 11, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 249.70- square foot portion of a
10-foot wide utility easement out of Lot 16A, Block 1, Lakeview Acres, located on Williams
Drive, west of Rodd Rod Field Road; requiring the owner, L.I.P., LLC, to comply with the
specified conditions; and declaring an emergency.
ISSUE: The closure is being requested in order to facilitate the construction of a medical
building within the property.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up -to -date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
- - - - -- - - -- ---- - - - - -- rE.,
Debble M oquln, In erim Director of D ment Services
Attachments:
Exhibit A - Background information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
LNV Engineering, Inc., on behalf of L.I.P., LLC. ( "Owner"), is requesting the abandonment
and vacating of a 249.70- square foot portion of a 10 -foot wide utility easement out Lot 16A,
Block 1, Lakeview Acres Subdivision, located on Williams Drive, west of Rodd Field Road.
The abandonment and vacation of the utility easement is being requested because the
owner will be constructing a medical building within the said property. The easement to be
abandoned and vacated is located in a "B-1" Neighborhood Business District.
All public and franchised utilities were contacted. None of the city departments and
franchised utility companies had any objections with the portion of utility easement to be
abandoned.
Staff recommends that payment of fair market value be waived because owner will be
dedicating a 7,750-square foot utility easement of greater value to off -set the proposed
abandonment and vacation of the 10-foot wide utility easement. The owner has been
advised of and concurs with the conditions of the easement abandonment and vacation.
EXHIBIT A
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 249.70-SQUARE FOOT PORTION
OF A 1O.FOOT WIDE UTILITY EASEMENT OUT OF LOT 16A, BLOCK
1, LAKEVIEW ACRES, LOCATED ON WILLIAMS DRIVE, WEST OF
ROOD FIELD ROAD; REQUIRING THE OWNER, L.I.P., LLC, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, L.I.P., LLC (Owner), is requesting the abandonment and vacating of a
249.70 - square foot portion of a lO400t wide utility easement out of Lot 16A, Biock 1,
Lakeview Acres, which is located on Williams Drive, west of Rodd Field Road, in order
to facilitate the construction of a medical building within the property. The easement to
be abandoned and vacated is located in a "B -1" Neighborhood Business District; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. {Exhibit}
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 249.70- square foot portion of a 10-foot wide utility easement out of
Lot 16A, Block 1, Lakeview Acres, as recorded in Volume 62, Page 134 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.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Fair Market Value wilt be waived because Owner will be dedicating a utility
easement of greater value to off-set the proposed abandonment and vacation of
the 10 -foot wide utility easement.
2) Owner must comply with all the specified conditions of the ordinance within 180
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 of record, must be submitted to the Director of
Development Services.
SECTION 3. That upon written request of the Mayor or five council members, copy
p
attached, the City Council finds and declares an emergency due to the ' need for
immediate action necessary for the efficient and effective administration of City affairs
HALEG-DIR‘SharediGaryS‘agenda‘2007‘9-11\ORD-abandon-vacateUtilEasement-LIP-LakeviewAcres.doc
Page 2 of 3
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shatl take
effect upon first reading as an emergency this the 11th day of September, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: September 5, 2007.
G # ry r+ r Smith
Assistant City Attorney
For City Attorney
H:1LE - DIR\Shar dl ary l g nd l oo7 9 -111 D- abandon -va at UtiIEa em nt- LIP- LakeviewA ree.doo
Page 3 of 3
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Carpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at bAro 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 Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:ILE - DrR\Sharedi ary la endal2oo 1 -111 I D# abandon- vacatel tilEa err ent ;LiP -Lai eview re .do
L r • " = 100'
f..W. LINE 10' U.E.
—40' PAVEMENT WIDTH
LEGEND.
F l D FOUND
I.R. IRON ROD
U.E. UTILITY EASEMENT
Y.R. YARD REQUIREMENTS
S. FT, SQUARE FEET
R.O.W. RIGHT OF WAY
B.L.
BUILDING LINE
M.R.N.C.T. MAP RECORDS
NUECES COUNTY, TEXAS
11
�
krlo ' U E.
WILUAMS _ DRIVE
aaaF +�
lct tiff 1
APPROX. FLOW_
r --255NE LINE
crr a.
LJ
arr i
561'00100"E
8.65'
10' U.E. •
EASEMENT TO
BE DEDICATED
7750 50. FT.
1 1
L6
LOT 16A
2.71 ACRES
17
eL
co
4
5' U.E.
. -4
1 1 ' 0' 0 "W 299.97'
' L.E.
T' 1 1
LOT 10
LAKE VIEW ACRES
L. 14, R. 47
M.R.N.C.T.
LO
LAKE VIEW ACRES
VOL. 30. PG. 20
.R..C.T.
LOT 12A
5' U.E\
' U.E.
(51
U.E.
.
LOT 12
EXHIBIT C
Page l OF
LNV ENGINEERINGI
engineers C0 sulta t
C 1 STRUCTURAL • TRANSPORTATION • SURVEYING •
MARINE • CONSTRUCTION MANAGEMENT
8�Q{j1 NAV!GAT N. SUITE 3 y CORPUS CHRISTI. TEXAS 78408
P!4. + 61) 1914 FAX f 1 / 1 WWW.LNV:NC.COM
SUN BAY MEDICAL PLAZA
LOT 16A, BLOCK 1, LAKE VIEW ACRES
CORPUS CHRiSFI, NUECES COUNTY. TEXAS
EASEMENT CLOSURE
BEARING
LENGTH
L1
N 29'00'001'
10.001
24.97'
L2
S 61•00'00" E
s 29'00'00" W
10.00'
N 61.00100u W
24.97
5 61'0010011
15 00.
N 2 400100 +' E
5 0`
I 7
5 1 #00'00" E
15 001
LS
S 29'00100" W
20 00'
L r • " = 100'
f..W. LINE 10' U.E.
—40' PAVEMENT WIDTH
LEGEND.
F l D FOUND
I.R. IRON ROD
U.E. UTILITY EASEMENT
Y.R. YARD REQUIREMENTS
S. FT, SQUARE FEET
R.O.W. RIGHT OF WAY
B.L.
BUILDING LINE
M.R.N.C.T. MAP RECORDS
NUECES COUNTY, TEXAS
11
�
krlo ' U E.
WILUAMS _ DRIVE
aaaF +�
lct tiff 1
APPROX. FLOW_
r --255NE LINE
crr a.
LJ
arr i
561'00100"E
8.65'
10' U.E. •
EASEMENT TO
BE DEDICATED
7750 50. FT.
1 1
L6
LOT 16A
2.71 ACRES
17
eL
co
4
5' U.E.
. -4
1 1 ' 0' 0 "W 299.97'
' L.E.
T' 1 1
LOT 10
LAKE VIEW ACRES
L. 14, R. 47
M.R.N.C.T.
LO
LAKE VIEW ACRES
VOL. 30. PG. 20
.R..C.T.
LOT 12A
5' U.E\
' U.E.
(51
U.E.
.
LOT 12
EXHIBIT C
Page l OF
LNV ENGINEERINGI
engineers C0 sulta t
C 1 STRUCTURAL • TRANSPORTATION • SURVEYING •
MARINE • CONSTRUCTION MANAGEMENT
8�Q{j1 NAV!GAT N. SUITE 3 y CORPUS CHRISTI. TEXAS 78408
P!4. + 61) 1914 FAX f 1 / 1 WWW.LNV:NC.COM
SUN BAY MEDICAL PLAZA
LOT 16A, BLOCK 1, LAKE VIEW ACRES
CORPUS CHRiSFI, NUECES COUNTY. TEXAS
EASEMENT CLOSURE
iNv
ENGINEERING
engineers &consul s
viL • smucrum • iltANSPORTATION ' SURVEYING •
SINE ' CONSTRUCTION MANA C E T
eo% NAVIGATION. 1 WM xo CORD CHRISTI. TEAS 78408
PK i } $ 3 - ! ! 84 FAX (36Ij mom www Lion<
SUN BAY MEDICAL PLAZA
LOT 16A, BLOCK 1, LAKE VIEW ACRES
CORPUS CHRISTI, NUECES COUNTY. TEXAS
L0CAT10N MAP
12
CITY COUNCIL
AGENDA MEMORANDUM
September 11, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 4,250- square foot portion of a 0-
foot wide utility easement out of Lots 14-27, Block K, Flour Bluff Estates, between East
Lakeside Drive and Recreation Drive; requiring the owner, Renato A. DePaolis, 11, dba DB
Ventures, LLC, to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure is being requested in order to facilitate the construction of a
contiguous structure (apartment complex) over the existing utility easements.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up -to -date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: MENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Attachments:
Exhibit A - Background information
Exhibit B - Ordinance
Exhibit 0 - Site Location Map
..,
Debbie Marroq u in,
Interim Director of D elopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Mr. Renato A. DePaolis, 11, dba DB Ventures, LLC, ("Owner"), is requesting the
abandonment and vacating of a 4,250- square foot portion of a 10 -foot wide utility
easement out Lots 14 -27, Block K, Flour Bluff Estates, which is located between East
Lakeside Drive and Recreation Drive, in order to facilitate the construction of a contiguous
structure (apartment complex) over the existing utility easement. The easement to be
abandoned and vacated is located in a "B-3" Business District and a "B-4" General
Business District.
All public and franchised utilities were contacted. City Gas Department has an existing 2"
wrapped steel gas main located within a portion of the easement proposed for closure and
is requiring that a utility easement be dedicated and gas line be relocated at owner's
expense. Approximate cost for the relocation of the existing 2" gas main will be $3692.00.
AEP has an existing anchor and down -guy within a portion of the easement proposed for
closure and will require that the owner retain a 10' wide x 20' long (200 sf) portion of the
easement proposed for closure between Lots 18 and 19, Block K. Time 11 arner has no
objections, but will seek reimbursement from the owner, if adjustments to their facilities
become necessary. Owner wilt be dedicating a 10-foot wide utility easement
(approximately 2000- square feet) within his property to allow for the relocation of public
and franchised utilities. None of the other city departments and franchised utility
companies had any objections with the portion of utility easement to be abandoned.
Owner is to pay a fair market value fee of $2,65100 for the net difference between the
abandonment and dedication of easement rights-of-way. The2,250-square feet i the total
net square footage between the 4,250- square feet of 10 -foot wide utility easement being
abandoned and vacated and the 2,000- square feet of utility easement to be dedicated.
The owner has been advised of and concurs with the conditions of the easement
abandonment and vacation.
EXHIBIT A
Page 1 of
AN ORDINANCE
ABANDONING AND VACATING A 4,250- SQUARE FOOT PORTION OF
A 70 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 14 -27, BLOCK
K, FLOUR BLUFF ESTATES, BETWEEN EAST LAKESIDE DRIVE AND
RECREATION DRIVE; REQUIRING THE OWNER, RENATO A.
DEPAOLIS, 11, DBA DB VENTURES, LLCM TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Renato A. DePaolis, 11, dba DB Ventures, LLC (owner), is requesting the
abandonment and vacating of a 4,250- square foot portion of a 10-foot wide utility
easement out of Lots 1447, Block K, Flour Bluff Estates, between East Lakeside Drive
and Recreation Drive, in order to facilitate the construction of a contiguous structure
(apartment complex) over the existing utility easements. The easement to be
abandoned and vacated is located in a "B-3" Business District and a "B-4" General
Business District; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 4,250- square foot portion of a 10 -foot wide utility easement out of
Lots 14 -27, Block K, Flour Bluff Estates, between East Lakeside Drive and Recreation
Drive, as recorded in Volume 8, Pages 1 -2 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.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon owner's compliance with the following:
1) Owner is to pay a fair market value fee of $2,651.00 for the net difference
between the abandonment and dedication of easement rights -of -way, within 30
days of the adoption of this easement closure ordinance. The 2,250- square feet
is the total net square footage between the 4,250- square feet of 0 -foot wide
utility easement being abandoned and vacated and the 2,000- square feet of
utility easement to be dedicated.
2) City Gas Department has an existing 2" wrapped steel gas main located within a
portion of the easement proposed for closure and is requiring that a utility
easement . be dedicated and gas line be relocated at owner's expense.
Approximate cost for the relocation of the existing 2" gas main will be $3,692.00.
3) AEP has an existing anchor and down -guy within a portion of the easement
proposed for closure and will require that the owner retain a 10' wide x 20' long
H:1 LEG -DIR Shared \Gary lagendal o 71 -11\O D- abandon- vacateU iIEasement- Depaolis- FBEstat s.do
Page 2 of 3
(200sf) portion of the easement proposed for closure between Lots 18 and 19,
Block K, Flour Bluff Estates.
4) Time Warner has no objections, but will seek reimbursement from the owner, if
adjustments to their facilities become necessary.
5) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
6) 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 of record, must be submitted to the Director of
Development Services.
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
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 11th day of September, 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary
APPROVED: September 5, 2007.
(111jAe
G - WOSmith
Assistant City Attorney
For City Attorney
Mayor, City of Corpus Christi
H:1 LEG -DI \ haredl ary l g kORD-abandon-vacateUtilEasement-DePaolis-FBEstates.doc
-iBE tats .do
Page 3 of
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
or the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1/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
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H: \LEG -DIF \Shared\ ary legenda\ OO 1 -1 1 VO RD-abandon-vacateUtilEasement-DePaolis-FB Estates.da
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Vol. 11. P . 1-2. Map T
Records, Nun County,
Lot 25 Lot26
Lot 27
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EASEMENT CLOSURE
(10' WIDE UTILITY EASEMENT— 4,250 S.F.)
LOTS 14 -27, BLOCK K, FLOUR BLUFF ESTATES
EXHIBIT C
Page 1 OF 2
Li
Reergation Drive
WV
LO..
3
Trot 18
Lot 15
3
Lot 27
SO2`OOM 16.70
t.2
East Lakeside Drive
{ RAW.)
MAI BENilNG
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ME r,2702 00
10.00
IEEE s29•02 oo
10.00
1%40'
EASEMENT DEDICATION
(10' WIDE UTILITY EASEMENT -2,000 S.F.)
LOTS 17.24, BLOCK K, FLOUR BLUFF ESTATES
EXHIBIT C
Page 2 OF 2
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 09-11-07
AGENDA ITEM:
Amending the Code of ordinances, Chapter 6, Animal Care and Control, Article V, Animal and
Rabies Control, by creating new Section 6-128, Spay /Neuter Clinic Fees; revising a reserved
Section reference; providing for severance; and providing for publication
ISSUE:
The City of Corpus Christi received a grant in the amount of $244,000 from the Morris L.
Lichtenstein Jr. Foundation in February 2006. The purpose of the grant is to create a low cost Spay
and Neuter Program. The creation of the program will require the need to establish low cost Spay
and Neuter Fees. This Ordinance will allow the initial schedule of fees to be reviewed and submitted
to the City Manager for approval, with copies filed with the City Secretary and provided to the City
Council.
REQUIRED UIREf COU CILACTio :
City Council approval is required for this action.
PREVIOUS COUNCIL ACTION:
In February 200 City Council accepted a $244,000 grant for the Spay and Neuter Clini from the
Morris L. Lichtenstein Jr. Foundation.
CONCLUSION AND ECOMMEl D TiON:
Staff recommends approval of the ordinance as presented.
C. A9(g.i
Assistant City Manager
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL
CARE AND CONTROL, ARTICLE V, ANIMAL AND RABIES CONTROL,
BY CREATING NEW SECTION 6-128, SPAY /NEUTER CLINIC FEES;
REVISING A RESERVED SECTION REFERENCE; AND PROVIDING
FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Chapter 6, Animal Care,and Control, Article
Animal and Rabies Control, is amended by creating new Section 6-128 to read as
follows:
"Sec. 6-128. Ssay/neuter clinic fees.
'The Director of Public Health shall • re are the initial schedule of fees to be
!gedtQ the ubli for the provision of services at the Ci 's low -cost
ugyfileuter clinic. This initial schedule must be reviewed b the CIt Tana er
and is effective u, on the City Manager'sapprovaLEacl, successive schedule is
sub`et to tine_ same review and a proval requirement on an annual basis. - - --
- , -- -- -- -- - - -- - -- - such
f.eesmayriot rn re se annually y_ more than twenty -five 2 per cent nor may
new fees be created without City Council's ap ro�by motion or resolution.
Each approved schedule must be filed with the City _Secretary and co. ies
provided to the Ci Council."
SECTION 2. The Code of Ordinances, Chapter 6, Animal Care and Control, Article
Animal and Rabies Control, is amended by revising a reserved section reference to
read as follows:
.' e . . ._ 1 Secs. 6-129 — 6 1 . Resented."
SECTION 3. 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, are ra h
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
E ord 11.doo
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of . , 2007, by the follo wing vote:
Henry Garrett Priscilla a. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike I--Hummel' Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed to its final
reading on this the day of ... , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of - , 200 7.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: September 7, 2007
49 I
.. ,4/ 00
Eliza th R. F undley
Assis ant City Attorney
for the City Attorney
El-lord211.doc
Henry Garrett
Mayor
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 11, 2007
AGENDA ITEM:
A. Motion to amend Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 2, to establish the Marina Advisory Committee, and the Watershore and
Beach Advisory Committee in place of the Water/Shore Advisory Committee prior to
second reading, to amend Section 1 and Section 2 to provide that appointments to the
new Marina Advisory, and Watershore and Beach Advisory committees are subject to
City Council approval.
B. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to
establish the Marina Advisory Committee and the Watershore, and Beach Advisory
Committee in place of the Water /Shore Advisory Committee.
ISSUE:
The current draft of the ordinance provides that current members of the Water /shore
Advisory Committee may choose to serve on either of the two new committees, upon
ry .
request to the City Secretary. This ordinance as amended provides that all appointments
e
to the new committees are subject to approval of the City Council.
REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of
Ordinances, City of Corpus Christi, Chapter 2, to establish the Marina Advisory
Committee, and Watershore and Beach Advisory Committee.
PREVIOUS COUNCIL ACTION: The City Council previously created in the Code of
Ordinances, City of Corpus Christi, Chapter 2, Section 2 -265, to create the current
Water /Shore Advisory Committee. On August 28, 2007, the first reading of this
ordinance was presented to City Council.
FUNDING: None
CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve
the ordinance as amended.
1 1
Sa y Gall , 1 irector
Parks a :1 Recreation Department
Attachments:
Background Information
Ordinance
BACKGROUND INFORMATION
The current Water /Shore Advisory Committee encompasses the Marina and all
waterways within the city limits. The Marina Superintendent is the staff liaison for the
committee.
This is a broad area of responsibility that requires the Marina Superintendent spend time
away from his primary function which is to operate the Marina as an Enterprise Fund.
There are environmental issues associated with the broad assignment of the committee
which neither the committee nor Parks and Recreation staff has the expertise to address.
In February 2007, the Water/Shore Advisory Committee held a strategic planning
workshop. The planning workshop noted the immediate need for "city staff to determine
the direction of the Water/Shore Advisory Committee ". Whether the committee would
continue with their primary function being Marina development or, if the committee would
expand into the areas outlined within the Ordinance.
Once staff began to review the current functions of the Water/Shore Advisory Committee
it became apparent that there were two separate areas of responsibility — the Marina
area and the water shore and beach areas. The Parks and Recreation Department staff
is recommending ending the reorganization of the current Water /Shore Advisory Committee to
become the Watershore and Beaches Advisory Committee, and create a Marina
Advisory Committee.
Both areas are major tourism attractions for the city and can create economic growth.
There is funding, development, maintenance, and special event issues associated with
the operation of the Marina, and the watershore and beach areas. Within the newly
developed Watershore and Beach Advisory Committee included beaches are: the Gulf
Beach, McGee Beach and Corpus Christi Beach.
The Parks and Recreation Department realizes that the beaches are one of our main
tourist assets. The department has reorganized to provide special focus on these areas.
A staff person has been assigned as Watershore and Beach Liaison for all events and
maintenance issues. In order to identify these duties, the title created for this position is
Beach and Bayfront Event Manager. This person was hired by the city six months ago
from the Corps of Engineers in Galveston, and understands the maintenance issues
affecting our operations. This staff person will work with our beach maintenance staff
and serve as the liaison with the community. This individual's first assignment is to
conduct meetings with the beach associations on a quarterly basis, develop an office on
the gulf beach to have a presence there two days a week, and coordinate a beach
summit with the representatives from the Corps of Engineers, General Land Office
GL, Nueces County, and other cities with similar maintenance and programming
issues in Texas.
The Beach and Bayfront Event Manager will work with groups, who hold major special
events such as Sea Sculptures, Velocity Games, Buc Days, and Bayfest with the intent to
Page 2
increase the number and variety of special events held on our beach areas. The Beach
and Bayfront Event Manager would be the staff liaison to the Watershore and Beaches
Advisory Committee. The Beach and Bayfront Event Manager began these functions
August 1, 2007.
The Marina Advisory Committee would focus on the expanded operations of the Marina,
to increase events and services, as well as other development within the Marina. The
Marina is a focal point of the downtown area and a main attraction for tourist and the
community. Tourists who are not boat owners come to the Marina and services should
be available to them as well as the Marina tenants. The Marina Superintendent is
required to perform the function of a business owner and his work should reflect
expanding Marina operations. The Marina Superintendent would be the staff liaison for
the Marina Advisory Committee.
Staff recommends that the current members of the Water /Shore Advisory Committee be
allowed to choose on which of the new committees they would like to serve. These
appointments will be evaluated for possible approval by Council.
Applications for new members will be solicited during the month of September with
appointments being made by the Mayor and Council in October 2007.
This proposal was presented to the current Water /Shore Advisory Committee, and the
Parks and Recreation Advisory Committee on June 21, 2007 at which time both groups
voted to endorse the creation of the Marina Advisory Committee, and modify the current
Water /Shore Advisory Committee to become the Watershore and Beach Advisory
Committee.
1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 2, TO ESTABLISH THE MARINA ADVISORY
COMMITTEE AND THE WATERSHORE AND BEACH ADVISORY
COMMITTEE IN PLACE OF THE WATER/SHORE ADVISORY
COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1, That the City Code of Ordinances, Chapter 2, Administration , Article
Iv, Miscellaneous Boards, Commissions and Committees, Division 4 Water /Shore
Advisory r Committee is revised to read as follows:
a,
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• •
Nue Ges-RiveF49-city-parks7
• ■ •
"DIVISION ISION . WAIERSORE AND BEACH ADVISORY COMMITTEE
Sec.2 . Created: membershipLternALfillina vacancies.
:(ALThere is hereby created the Wtershore and Beach Adviso Committee.
The committee shall be composed of nine rr r hers it ed the Cy
Council.
Created on 915 /2007 :12:00 PM I :1LE -DI \Lisa \Ordinance 2007\Watershore and Beach 090507 for 9-11-07.DOC
5
(b) Nt riths andln - subsection (a), the current members of the Water/Shore
Advisory Cornrnittee shall be appointed to the initial two -year term of the Marina
Myjsory Committented to the initial two --ear term of the Watershore
and Beach Advisory Committe e, as re s uested y the member er b written
n tifi9ati n t he re s ... jp_c_itySounclivith such
other persons appointed by Gib Council as ne essarr total nine members
for each committee. - Of the nine brsne shall be a scientist i.e.
marine bioJgjst; one shall be an er ineer; one _ 1 shall be an
environmentalist; one 1 shall be an owner of a hotel or condominium located on
,.._North Padre Island or Mustancjlsiand; and one Cl) shall be a member of the
Corpus Christi Convention and Visitors Bureau.
fg) In the succeeding terra, five members shall serve a two-year term and four
a) members a term; as deterr_nined ty drawing. Thereafter; all terms
shall be two -gl years.
LWhenever a apan y rs durin. a term, appointments to fill a vacancy
shall be to -fill the unexpired term,
The Chairperson of the Watershore and Beach Advisory Committee shall act
a s an advisor to the Parks and Recreation Advisory QQflmitteeandvice versa.
"sec, 2 -81. Rules of procedure. officers.
Created on 9/5/2007 5 :12:00 PM H:1L -DII \E,isa \Ordinance 20O71Wat rshore and Beach 090507 for 9 -t 1-07.D C
IbeWatershpteand Beach Advisory Committee _shall adopt its own rules of
procedure. At the first mpeting meeting after creation of the committee, a majorthr of the
whole commiftee shall elect serve during
thinitia1 two-year term._ Thereafter a Committee Chairperson an Vice-
Chai r erson shall be lot d by a majority of the whole committee to serve one-
year terms wiring each September 1. Said election shall be held each year
the first regular meeting after appointments to fill expjring terms.
:sec. 2.82. Duties.
ii a the Committee shall advise and make recommendations regarding use or
preservation of the following area _within the city limits: the waterfront, the
beaches, and the natural bodies of water including but no _limited to Gulf of
Mexico, bays, rivers, and creeks, excluding the Marina_ area as defined by
Section 2 -264.
"(b) The Committee's duties include the foil wir
.L Asis n he CityCiniI providing for the corky, rr' r planriing of the
areas described in subsection .
(2) the a nuraI - it l ire ro rer ernt budgets regarding the
improvement and maintenance of the facilities upon said areas.
(3) R and make recommendations tins regarding special event requests
upon said areas.
Created on 9/5/2007 5:12:00 PM HALEG-DIREisa‘Ordinance 20071Watershore and Beach 090507 for 9- 11- 07.DOC
7
"sec. 243. Minutes; ; staff support.
`The � C Manager shall appoint a staff_ embed keep minutes of the
committee and sistance as the committee may request,
"sec. 2-84. Water h re and Beach Adviso Committee's coordination with
Parks and Recreation dvi r , r mit .
"The I V tersln re and Beach Advisory Committee and the Parks and Recreation
&ylSory Qgmmittee shall submit recommendations to the City Manager and the
City Council f ror time to time nerninonrrent responsibilities relatiog
to the waters waterfront, and beaches in the City limits.
SECTION 2. That the City Code of Ordinances, Chapter 2, Administration Article
ill, Miscellaneous Boards, Commissions and Committees, is amended to
establish a new Division 25 to establish the Marina Advisory Committee.
Divisionj5 . Marina A vis r _C m itte .
"Sec. 2 -260 Created; membership. terms; iliin vacancies.
11 a There is hereb created the Marina Adviso Committee. The committee
shall be composed f nine 9Imembers app_ointed by tiitcsuncil.
Notwithstanding subsection (al the current members of the Water /Shore
Advisont Committee shall be appointed to the initial twoyar term of the Marina
Created on 9/5/2007 5 :12:00 PM H:IL -III \Lisa\ rdinanc e 2007‘Watershore and Beach 090507 for 9-11-07.DOC
Advisory Committee or appointed to the initial two-year term of the Watershore
and Beach Adviso Committee as re uested b the member b notification to
City SecretaryjAR alon►ith such other persons
a. • ointed b # i Council as necessa to total nine 9 members for each
committee. U • on said a
! •
ointments the Water /Shore Adviso Committee is
hereby abolished_. Of the nine LT members, one (1 )_shall be a scientist, i.e.,
marine biologist; one 1_ shall be an engineer: and - one 1 hail! be an
environmentalist and one shall be a representative of_a restaurant located
within the boundaries of the marina.
(c) In the succeeding tern , fnebers shall serve a t _-year term and four
f.j) members a one-year term, ap Thereafter, all terms
stall be two years.
d Whenever a vacanc occurs durin a term a
ointments to fill a vacanc
shall be to fill the une,ired term.
LLThe chairperson of the Marina Advisory Committeeshafl act as an advisor to
the Parks and Recreation Advisory Committee _ and vice versa.
"Sec. 2-26t Rules of procedure; officers.
The committee shall adopt its own rules of rocedure. At the first meeting after
creation of the committee a majority of _the whole committee shall elect a
chairperson and vice - chairperson to serve Burin • _ the first term. Thereafter, a
Created on 9/5/2007 5:12:00 PM H:IL -DIi \Lisa\ rdinanc 00 \Wat rshore and Beach 090507 for 9 -11 }07.DOC
9
committee chairperson advice- chairperson shall be elected by a r a'orit of the
whole committee to serve one- ear terms ex
iron
each Se • tember 1. Said
election shall be held each ear at the first re ular meeti • after a
fijLexpiring terns.
$ec 2-2G2. Duties.
••
ointments to
:ifle Mari?_dvisor - Committee shall advise and make recommendations
reqardinervation of the marina ,.. in luck the
following
Assist the Cs Council in • rovidin • for the orderl • Tanned develo • ment
and use of the marina.
£Z)-_ Review the annual and ca itat improvement budgets r ardin. the
iri rov r en� maintenance of the facilities upon the marina.
3 Review and recommend to the City Council the feasibft of development,
improvements, maintenance or proosed uses for the marina.
"Sec. 2 -263. Minutes. staff support.
:The cL M n � ., shall appoint a staff member to_ keeD _minutes of the
rr mi tee and re are such ass.4tance as the committee r y request.
"Sec. 2-264. Definitions.
Created on 9/5/2007 5:12 :00 PM H:1LE -D11 \.Lisa\ rdjnance 20071Watershore and Beach 090507 for 9-1 1 7.D C
10
:In this division, the terms below mean as follows:
"Marina: All structures, and waters I ri within the areas __enclosed by the
breakwater frontin. Shoreline Blvd. from the breakwater terminus at north
of South Gee Beach to its junction at the foot of Breakwater Avenue."
SECTION 3. That the City Code of Ordinances, Chapter 2, Administration , Article
Ilf, Miscellaneous Boards, Commissions and Committees, Division 2 Park and
Recreation Advisory Committee is revised to read as follows:
"2-72. Duties.
The Parks and Recreation Advisory Committee shall advise the City Council as to all
public parks and the buildings therein, public outdoor recreation areas and centers, and
any other grounds placed under its purview by the City Manager. Further, the Parks and
Recreation Advisory Committee and the waters ,ore Watershore and Beach Advisory
Committee shall have joint jurisdiction over all waters city adjacent to ci parks located
along Oso Creek and the Nueces River. However, the Parks and Recreation Advisory
Committee will continue to have sole jurisdiction on the parkland adjoining the
waterways."
SECTION 4. if for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the city of Corpus Christi.
Created on /92007 5:12:00 PM H :1L -D1 \Lisa \Ordinance 2007Matershore and Beach 090507 for - 11 -07.DOC
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ft vs 4-- 2007 the following llowin
Henn/ Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
419
/-4--,
A-77 —
Priscilla G. Leal
John E. Marez
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 Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel) Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: September 5, 2007
By: 401-
Lisa Aguilar
Assistant City Attorney
For City Attorney
., 2007.
Henry Garrett
Mayor
15
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: September 11, 2007)
Case N. 0807 -01g A.C. Gilmore: A change of zoning from a "- l" Neighborhood Business District
to a "B -4" General Business District, Gardendale Unit 2, Block 5, Lot 18, located approximately 200 feet
south of the intersection of S. Staples Street and Curtis Clark Drive.
Plannin Commission & Stafrs Recommendation An ust 8 2007 : Approval of a "B-4" General
Business District.
Requested Council Action: Approval of a "B-4" General Business District.
S rnm r•
• Request: The applicant is requesting a change of zoning from "8-1" Neighborhood Business
District to the "B-4" General Business District for the development of a retail center of
approximately 10,000 square feet. The retail center is expected to house office and retail uses and
potentially a bar, and associated parking spaces.
• Zoning: The "B-4" General Business District provides for all types of commercial and
miscellaneous service activities, particularly along certain existing major streets where a general
mixture of commercial and service activity now exists. Examples of uses permitted within the
"B -4" District include multi - family residential, auto and boat sales, restaurants, hotels, enclosed
mini-storage and bars.
• Article 24 of the Zoning Ordinance states that both the "B -1" and 13-4" Districts require a front yard
setback of twenty (20) feet with no required side or rear yard setbacks unless adjacent to a
residential district where a setback of ten (10) feet is required. Buildings in a "B -1" District are
limited to a height of thirty (35) feet, not to exceed three (3) stories. There are no building height
limitations in the "B -4" District. The "B -1" District allows commercial uses but does not permit
bars or auto repair uses.
• Existing Land Uses: The subject property is currently vacant land. The property is bordered on
the west by single - family residential; to the east by offices/bank; to the north by bar /club; and to the
south by general business. The proposed development of this lot will be compatible with the
existing uses in the immediate area.
• Utilities: Water and Wastewater service is available to the property.
• Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the
potential traffic generated with the proposed retail center could generate approximately 430 vehicle
trip ends per day. The subject property fronts South Staples Street which is an arterial street. The
paved section for South Staples Street is a 120 foot total section with 76 foot paved section. South
Staples Street has an average daily trip (ADT) count of 37,136 at this location.
Agenda Memorandum
Case No 0807 -01 A. C. Gilmore)
Page
• Comprehensive Plan/ Future Land Use: The future land use map recommends general business
for the subject property and surrounding area. The proposed use is consistent with the Southside
Area Development Plan.
Notification: Of the twenty -nine (29) notices mailed to the surrounding property owners, zero were
returned in favor and one (1) was returned in opposition (outside the 200 foot notification area). The 20%
rule is not invoked. This case is considered non-controversial. State law 20% rule is invoked when
property owners who own 20% of the land within the 200 foot radius of the subject property are
opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a
change of zoning to be approved, rather than a simple majority. Unless such proposed change is
approved by the Planning Commission such change shall not become effective except by a favorable
vote of a majority plus one of the City Council present and voting.
fc\ s.
r A ,-- "If
- -Lc; C.14.2'il..le:." 4:7: Crt,Ck „ k. - Li i A-GL------
Deborah 44 Marroquin, P.E.
Interim Director of I Development Services
DrvINGIvtiblp
Attachments:
1) Zoning Map
2) Planning Commission Minutes (August 8, 2007)
3) Ordinance
H:1PLN -D[ I HAi D1Bev rl \2007 \Aug'07\ 07 -OI AgendaMemo.doc
i
PIM/Project Manager
Sr.C.P/CP
Planning Director "-
CITY COUNCIL
ZONING REPORT
Case loo.: 0807-01
City Council Hearing Date: September 11, 2007
as mir‘eis
WAT
CZ 14 a
Applicant: A.C. Gilmore
Owner: Same as above
Agent: None
Legal Description/Location: Gardendale Unit 2, Block 5, Lot 18, located approximately 200
feet south of the intersection of S. Staples Street and Curtis Clark Drive
From: "B-1" Neighborhood Business District
"B -4" General Business District
To:
tri Area: 0.53 acres 7 23,086.8 sq. ft.
• 4,)
Purpose of Request: To allow for the development of a commercial strip center to include uses
such as bar, office space and retail.
▪ a
N
to
• m• 1
Zoning
Existing Land Use Future Land Use
Site
"B-1" Neighborhood Business
District
Vacant
Commercial
North
"B-4" General Business District
Commercial
Commercial
South "B-1/SP" Neighborhood Business
District
Commercial
Commercial
East
West
"B-4" General Business District
Commercial
"R-1B/SP" One - Family Dwelling
District
Commercial
Commercial
Commercial
cOi
cw
Ct
Area Development Plan: Southside Area Development Plan (ADP). The Southside ADP
adopted land use map recommends the area develop with general business uses. The
requested "B-4" District is consistent with the Plan's recommended land use.
Map No.: 043035
Zoning Violations: None
Staffs Summary
• Request: The applicant is requesting a change of zoning from "B-1" Neighborhood
Business District to the "B-4" General Business District for the development of a retail
center of approximately 10,000 square feet. The retail center is expected to house office and
retail uses and potentially a bar, and associated parking spaces.
• Zoning: The "B -4" General Business District provides for all types of commercial and
miscellaneous service activities, particularly along certain existing major streets where a
general mixture of commercial and service activity now exists. Examples of uses permitted
within the "8-4" District include multi- family residential, auto and boat sales, restaurants,
hotels, enclosed mini- storage and bars.
• Article 24 of the Zoning Ordinance states that both the "B-1" and B -4" Districts require a
front yard setback of twenty (20) feet with no required side or rear yard setbacks unless
adjacent to a residential district where a setback of ten (10) feet is required. Buildings in a
"B-1" District are limited to a height of thirty feet, not to exceed three stories.
There are no building height limitations in the "B -4" District. The "B -1" District allows
commercial uses but does not permit bars or auto repair uses.
• Existing Land Uses: The subject property is currently vacant land. The property is
bordered on the west by single - family residential; to the east by offices bank; to the north
by bar /club; and to the south by general business. The proposed development of this lot
will be compatible with the existing uses in the immediate area.
• Utilities: Water and Wastewater service is available to the property.
• Transportation: Based on the Institute of Transportation Engineers Trip Generation
Manual, the potential traffic generated with the proposed retail center could generate
approximately 430 vehicle trip ends per day. The subject property fronts South Staples
Street which is an arterial street. The paved section for South Staples Street is a 120 foot
total section with 76 foot paved section. South Staples Street has an average daily trip
(ADT)count of 37,136 at this location.
• Comprehensive Plan/ Future Land Use: The future land use map recommends general
business for the subject property and surrounding area. The proposed use is consistent with
the Southside Area Develo inent Plan.
Street
Type
Staples Street
Arterial
Paved Section Traffic Volume
(2005)
Source: City of Corpus
Christi Engineering
- - D Rartm nt
120-foot right-of-way with a 76-foot 37,136 ADT
back -to -back paved section.
E:
CA
The subject property is platted.
la
4,4
E1 414
cs
• Development of the site for a commercial business and potential bar is compatible with
existing uses in the area.
• The future land use map recommends the development of commercial uses along South Staples
Street
• The request for the ".-4" is favorable due to it being an extension of existing "B-4" to the
immediate north, west and east across Staples. "B-4" is also located at the corner of Staples
and Bonner Streets.
Zip -2
CA
Approval of the "B4" General Business District.
Approval of the "B-4" General Business District.
M PC
E f�
a
E 0,%•'
Number of Notices — 29
Favor - 0
Opposition - 1 (outside 200 foot notification area)
(8/28/07)
Attachments:
Zoning Map
Ownership Map
Ownership List
Comments received from Public Notices mailed
:\PLN- MR \SHARED everly 2 07 PC\ZONRPTS\August\CC Reports \0807- 1 Gilmoreidoe
PUFV:g (MT
,ff
NOTICE
CASE # 0807 -01
ZONING
A-1 Apartment Mouse Distict
A -1A Apartment Rouse District
A•2 Apartment House Cigna
A8 Professional Office District
AT Apardtrent- Tourist District
9 -1 Neiglibortsood Business District
B•1A Neighberhood Business District
9-2 Bayfront Busies District
Bt2A Barrier Island Business Disinet
B-3 Business District
3.4 General Business District
B-5 Primary Business District
B-6 Primary Business Core District
BO Corpus Christi Beach Design Dist.
F -R Farm Rural District
He H ancsi- Oulbaal Landmark
ration
1 -1 Limited Industrial District
1-2 in Industrial District
1 -3 Heavy Industrial District
PUD Planned Urrt Diwelopment
R -1A One Family Dwelling District
R.1 B One Family Dwelling District
R -1C One Family Dwelling District
R-2 Multiple Dwelling District
RA One Family Dwelling Distract
RE Residential Estate District
R -TH Townhouse Netting District
P Special Permit
T -1A Travel Trager Park District
T -19 Manufactured Home Park Dtstnct
T -1D Manufactured Home Subdivision
District
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OWNERSHIP
Subject Property
Owners within 200 feet listed
on attached ownership table
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COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0807 -01
Name: A. C. Gilmore
Circled =FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 29
Returned undeliverable: 2
I. Notices returned from within the 200 -foot notification area:
Favor; 0
Opposition: 0 { %)
II. Responses received from outside the 200-foot notification area:
Favor: 0
Oppojijgn: 1
#GD, Tiburcio Soto, 5237 Cain Drive, 3b1- 992 -5937 "Do not want to
set up a precedent, if we do not stop this, one day all of Gardendale
residential neighborhood could go commercial. I love it living in
h
111. Responses received from owners /applicants of subject area:
Favor: 0
Opposifi: 0
I :1PLN -D R\SHARED\Bevcrly\20 7 PC1PUBLIC C M1 E 1T \0807- O1.doc
MINUTES
REGULAR FLATTING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — August 8, 2007
5:30 P.M.
COMMISSIONERS PRESENT:
Chairman Bryan Stone
Rudy Garza, Vice Chairman
Atilano J. Huerta
David Loeb
Evon J. Kelly
Govind Nadkarni
John C. Tamez
Johnny R. Martinez
James Skrobarczyk
STAFF PRESENT:
Johnny Perales, PE, Deputy Director of Development
Services/ Special Services
Faryce Goode - Macon, Interim Assistant Director of
Development Services Planning
Miguel S. Saldafia, AICP, Senior City Planner
Michael N. Gunning, AICP, Special Assistant to
Development Services
Shannon Murphy, AICP, City Planner
Stephanie Voss, Project Manager
Gary Smith, Assistant City Attorney
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la concision y su ingl s es limitado, habra un interprete de espariol a ingl s en
la junta Para ayudarle
I.
1V.
CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:30 p.m.
ZONING
1.
New Zoning
a.
Case No. 0807 -01
A.C. Gilmore: A change of zoning from a "B-1" Neighborhood Business
District to a "B-4" General Business District
Gardendale Unit 2, Block 5, Lot 18, located approximately 200 feet south
of the intersection of S. Staples Street and Curtis Clark Drive
Commissioner Kelly stated she will abstain from voting on this case.
Stephanie Voss presented the above case via Power Point, stating the subject property is located
along the west side of South Staples Street between Bonner and Curtis Clark Drive, Ms. Voss stated the
applicant is requesting a change of zoning from a "B-1" Neighborhood Business District to a "B_"
General Business District. The subject property is surrounded by commercial property. To the north is
a "B-4" General Business District, to the south is a "13-1" Special Permit, to the east is a "B-4" General
Business District and to the west is a "R-113/SP" One - Family Dwelling District with a Special Permit.
The proposed use is consistent with the Southside Area Development Plan which recommends general
Planning Commission Minutes
August 8, 2007
Page 2
business for the subject property and surrounding area. Examples of uses permitted within the "B-4"
District include multi- family residential, auto and boat sales, restaurants, hotels, enclosed mini-storage
and bars.
Ms. Voss stated that Article 24 of the Zoning Ordinance states that both the "B -1" and 8-4"
Districts require a front yard setback of twenty feet with no required side or rear yard setbacks
unless adjacent to a residential district where a setback often (10) feet is required. Buildings in a "13-1"
District are limited to a height of thirty feet, not to exceed three stories. There are no building
height limitations in the "B-4" District.
Of the twenty -nine (29) notices mailed to the surrounding property owners, zero were
returned in favor and one (1) was returned in opposition, which was outside the 200 foot notification
area. Development of the site for a commercial business and potential bar is compatible with existing
uses in the area. The "B-4" District would allow the development of a bar within the commercial
development while the "B-1" District does not. The future land use map recommends the development
of commercial uses along South Staples Street and the request for the "13-4" is favorable due to it being
an extension of existing "1-4" to the immediate north, west and east across Staples. "B-4" is also
located at the corner of Staples and Bonner Streets.
Staff recommends approval.
In response to Chairman Stone, Ms. Voss stated that the subject property is currently zoned "B-1".
Public hearing was opened.
Nobody came forward in support or in opposition.
Public hearing was closed.
Motion was made by Commissioner S robarc yk for approval of staff recommendation.
Motion was seconded by Commissioner Huerta and passed unanimously with Commissioner Kelly
abstaining.
R :\DilN-DI \SHARED \BE f E LY‘20V7 Y 1V V' 7\ 8O7 1 MI T TE .DO
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY A.C. GILMORE, BY CHANGING THE ZONING MAP IN REFERENCE
TO GARDENDALE UNIT 2, BLOCK 5, LOT 18, FROM "B-1"
NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
•
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of A.D. Gilmore, for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 8, 2007, during a meeting of the Planning Commission, and on Tuesday,
September 11, 2007, during as meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the Cit y Council has determined that this am amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended changing in the zoning on Gardendale Unit 2, Block 5, Lot 18, located
approximately ro i ate 200 feet south of the intersection of South Staples Street and Curtis
Clark Drive, from "B-1" Neighborhood Business District to "B-4" General Business
District. (Zoning Map 043035)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zonin g Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
by as
except changed this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
w.'1 F _r iRkRhArpciV ar laaenda1 0071 -HI E D- oningO8O7 -01- i1 Ore do
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION . A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1- of the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 11 to day of September, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 5, 2007
5
}
Gad W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
H :1 LEG -DI 1 heredl ryS\a enda\ 007\ -l11OF D- anin 0 7 -01- ilmere.da
Page 3 of 3
Corpus Christi, Texas
day of a 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and ..
voting upon ordinances at two regular rmieetings. 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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H u r m e l l
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LE .DIR\ hared\ arV \aQondal2oo 19- 1I1oFAD- zoningo8O7- O1- GiImor .doo
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 11 2007
AGENDA ITEM: Presentation of the Visualized Concept Study of the Museum of Science
and History by Ralph Appelbaum and Associates.
Staff Presenter(s)
Name Title /Position
1. Rick Stryker Director
Department
Museum
Outside Presenters)
Name Title/Position or . anization
1. Ralph Appelbaum
2. Chip Jeffries
3. Jim Moloney
President
Ralph Appelbaum and Assoc.
Ralph Appelbaum and Assoc.
Friends of the Museum
ISSUE: The Columbus ships were reopened by the Museum in 2001 and donated to
the City in 2006. A new mission encompassing the ships was adopted by the Museum
in 200 5. Ralph Appelbaum and Associates was hired by the Friends of the Museum in
2006 to complete a visualized concept study of the Museum. That study is now ready
for Council review and public discussion.
REQUIRED COUI CILACTION: None
PREVIOUS IOUS COU CIL ACTION:
May 2001: The City Council approved the reopening of the Columbus ships by the
Museum until a permanent plan for operation and maintenance could be developed.
May 2006: The City Council accepted the unconditional donation of the ships from Spain.
FUNDING: Funding for this study was provided by the Friends of the Museum.
CONCLUSION AND RECOMMENDATION:
E RATION:
1. Include the roadway /land acquisition recommendations of the Sasaki/Gignac
conceptual plan for the Watergarden area in the 2008 bond package.
2. Hire consultants to develop a business plan that most effectively addresses the
operational funding needs of the proposed museum concept.
3. Hire consultants to conduct a feasibility study to identify potential funding sources to
determine a realistic goal for the capital fund drive to develop the proposed concept.
4. Adjust the scope of the project to the capital funding goal.
Attachments:
Power Point Presentation: X
Rick Stryker
Museum Director
BACKGROUND INFORMATION
When Corpus Christi citizens seized the opportunity to acquire the Columbus ships in
1993, it was their vision that the Columbus ships could become a focal point for the
celebration of our Hispanic cultural heritage and a unique opportunity to develop a third
major cultural attraction. The Columbus Fleet Association, a non profit organization,
was formed to fulfill this vision.
The City Council approved a Support services Agreement providing assistance from
the Museum of Science and History to the Association. This was included as an exhibit
in the lease agreement between Spain and the Association. The Association
encountered difficulties including extensive damage from an errant barge to two of the
ships.
With City Council approval, two of the ships were moved to the site adjacent to the
Museum and the Association began operating in tandem with the Museum in 1995.
Long range planning for the Museum of Science and History has been linked to the
Columbus ships since that time. In 1997 the Association and the Friends of the
Museum of Science and History initiated a joint planning process. Ralph Appelbaum
and Associates was commissioned by the Association and the Museum to study the
potential of a shared future for the two entities. Appelbaum was selected for this work
because of their broad national and international experience in museum planning and
exhibit design.
A team from Appelbaum gathered information about community resources, examined
the structure of our tourist economy, and conducted focus group interviews with those
directly involved with the ships and the Museum as well as community representatives
with no direct involvement. Based on their study results, in 1998 Appelbaum
recommended that a visualized concept study be done to more completely examine an
exhibit plan including the Columbus ships along with a story line that featured the
unique cultural experience of the people of South Texas.
Before there was an opportunity to pursue this recommendation, the Columbus Fleet
Association ceased operation in 1999. Long range planning for the Museum stopped
pending a permanent solution for the ships.
The City Council approved an agreement with the Spanish government and the
Columbus Fleet Association in 2001 that enabled the Museum to reopen the ships to
the public on an interim basis. After several efforts at long range planning by the
Museum stalled on the issue of the Columbus ships, the Museum Advisory Committee
and the Board of Directors of the Friends of the Museum grew increasingly concerned.
At the request of the Museum, Dr. Patrick Carroll of Texas A & M University — Corpus
Christi developed a proposed story line that would create what he called the "Center for
Ongoing American Discovery". The story line premise is that the Columbus voyage
triggered a chain of events that can be traced directly to the dynamic and unique culture
of Corpus Christi and South Texas. After much discussion among the Friends Board of
Directors and the Museum Advisory Committee, a new mission was adopted in 2005
that contemplates a future for the Museum that tells the cultural story of the people of
south Texas. In 2005 they recommended that the City Council acquire the ships from
Spain and took steps to initiate planning for a more promising future for the ships and
the Museum.
The City Council accepted the unconditional donation of the ships from Spain in May
2006. Alt other entities relinquished any interest they might have retained in the ships.
Also in 2006 the Friends hired Ralph Appelbaum and Associates to conduct the long
needed visualized concept study. The Appelbaum study is now complete and ready for
review and discussion by the City Council and further input from the community.
The next steps in the planning process recommended by Appelbaum include:
• Implementing the roadway /land acquisition recommendations of the
SasakiGignac conceptual plan for the Watergarden area,
• Developing a business plan that most effectively addresses the operational
funding needs of the proposed museum concept,
• Conducting a feasibility study to identify potential funding sources and determine
a realistic fund raising goal to cover the capital costs,
• Based on the results of these steps, determining the proposed scope of the
project.
•
ORPUS CHRISTI
MUSEUM OF SUI NCE AND HISIVRY
MUSE0 DE CIENCIAS E HISTORIA
A COMING TOGETHER OF CULTURES
IIN ENCUENTRO DE COLTURAS
A visual concept to meted by
FAO !MOM o u t° preseoladc
Ralph AppdbAhin Misociale5, i'ie tuthg end l i t
For ail tii.: # xtei•nal squabbles, contt nitioi x iouti
atriVIngs. 116 4 hits a colltsiventms per.h p
strong6r than any other section or America.
Rich, poor. Panhandle, Gulf, tit , cou€ ti-y. Texas is
the obsession, the proper study and the pasafouat
posafi iini of all '1'e :iiti.
1
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41_ M.Eft4<-1ALL'M
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D WIERNG O U. U
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10
11
he rota voyage of discovery consists not in
seeking new landscapes. but in having new eyes,
12
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update of Regional Health Awareness Board
STAFF PRESENTER(S):
Name
1. NA
OUTSIDE PRESENTER:
Name
1. Dr. James Mobley
TitIe/Position Department
Title/Position
Chairman
Or' anization
Regional Health
Awareness Board
ISSUE: Provide Mayor and Council with an update of the Regional Health
Awareness Board.
BACKGROUND: The Board was established in 2003 to ensure that
opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces
County and San Patricio County on issues impacting health, safety,
environment and quality of life.
REQUIRED COUNCIL ACTION: No action required
Assistant City Manager
Regional Health
Awareness Board
Presentation by:
James A. Mobley, M.D.
RHAB Chairperson
overview
• Historr
• Mission
• Characteristics
• 2006 -07 Goals
• 602nd Menters
• HcwWeWork
• Active Inquiries
• Conclusion
• Questions
HISIDrV
• 2002
• Need for conTnunitV dialogue on
health/environmental issues
• desire for bed- understanding of
issues
History
• Inter -Local Agreement (2003)
-City OF Corpus Christi
- Nueces County
- San Patrido Countv
HIS1JOrY
• The RHAB was created to enhance communication in the
community:
- Awareness - make citizens aware of mechanisms
and groups
- Coordination - A wavto "pass the baton" bvteen
groups
- Assistance - Help Citizens and groups get
infcITnjcn and assistance
The RHAB does NOT have regulatory or
enforcement authority.
Mission
"TO ensure that opportunities exist for quality
dialogue by citizens of the Coastal Bend on
the issues impacting health, safety,
envirorriient, and IIfe quality."
;raw) *IA in Cora awlvi , c Imo/venom A mer
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,ti41' Asti 'banal f"iri. % -i.
7/7/1.174 ' 17
Dial Dr, e I y,
1 I is mom ur ;our visit it EPA Etem 1; 41:3.5 Cuter this a,prilig„._
ex �I *a ouR s�ii xnr4 ; e;l r w.t4 # * j i++AerR+.44*ii an I e$r 31,4A 31st ,v: +R:4 the
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harry 1. titer tlixt kilirt +l VUrral LCi i #+ r4I "� srf1+<1ii +'S
•!D!t of a eitki.ltti- cllalove is an ira: gral p.rn of err/ r+CtIodi', weer. +r,
i:f yu!.i; rig NKI rviponrtiu ,. wtttione AAA cnµteln,'hrrslf rtsh -fhr
i��rer tat ,y►. lrb the N xvr -otimv, hag, PAD i01.I Intnry $rw# l CEt of Co.
Cho 1i3 #c1 4li kel1 i hi, b.Nati !#a t3 IR i 1.1xiocur K' der emir gal yoir regki. 101,x:1
MI th mih eT'(. To ih i +pith irpkiw}, rmrug... rwp u�a i�x , sip i Y.rYNic xti
I0r.1, 00e aov: federal J,-++: Irk. 0.'2C xili..b arc ail ads Ric ui pi�htt,
Ai you I. v. 1nit wi't if• the E r ,i. I' h.icSi.�lt's ti r�u•►i,'
:ti 11Ir' e�wirlmlxr, -,rr *I is�aw� Il+ariv,. 1.211h wlweif+rre. Ib.
+alcicubshlluY rrj Iota -px:ct4p. -rr 4100,401. ,arnVii Lirxiyrr,-m I: +Thu riifiLr. 1.‘•.'
rN1144Y, fi:OAS ti..: .rkur;1eFtietyiaq.iir.ru tor all i cs+Iv1;C :.tkr : ! repia.e20.1ri.r
he /A7#,. kx.re i r t, . ill +0x1 i s ++x ,u1. 14.$10+11.1,11 x1. will
. +17� ;� #:►- ''laI! ;'h WI''SM board F. k'rrilicii fits *Y,o! fersR,ronca:
• -xf4i1 1'o+ r E ai & Trait prc,c, 's, f at, itig pf.t, soli; c Arid r.C.CAUMI, tt i1 rf
1 1 , 0 ±u,: furl Recce. it. the nenI .01.x=e of #k: ifitilrt 1114
iuppol u!. }i i thv frlurr_ We I a grew % 8 kit in
k*+x X1011 tlrir !too. in 11., I: 0mi 70 xl+r, tril l +.3 ►� 5,* ► x +yes
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F�I�LY+FS�kM'j'.rlii� �'�� � 14hMA� r.� M�rtIN+ � = �'J'4 r5�[rY! {� a14% 1`f #'++`nFi�►}
7 Characteristics
• Independent
• Prcmce Dialogue
• Provide a Clearing House for 1r1fonT1ion
Sharing
• Act as a Quality Control Mechanism
• Encoirage Standards for Quality Dialogue
• ncourage Irtfarnation Sharing
• ncourage Reporting Forinis
2007 Goals
Raise awareness Of RHAB.
Encourage utilization OF RHAB.
Recruit partners.
"NCO" Resolulion cf Support
This Weir Cf Acreernert is entered linty ani belwee1 We Rte' 1-1E9121 Ma-ems Bora IRHAB) aryl , a l
Organ Hari rNG04i.
WI•raas, CalCeT6 cwir amass ID Ire CRIalibidedsiceuraina Irt We been egrnseri by sane triers Of ire coastal Rem oarmnitiee
nagatay Cf mine amities; ana
Whereas, these & k e n =rens resulte0 I n tfle U.S. ELI Proliction Awry/ r1 =PA's tD Pe a r k enkiation mass to Shdpe 00m1rly
tf $
Whara as , ire Pa-tlesacree that anleerfrl and sincere ilia lo ue ciair re lt1ea wanness issues I5esserda anti
Whereas, tre NCr1 Crgarbalkin w i t h related ataad a c t k i l t k t WI er Irk this Letts-or AireernertINtn the Reglorel Wolin AwarereSs BOerd to
plate the f011o to tit available moms:
O 11Nr esS DW1afk w the Board and paddrate In ire Bcercrs adittles as needed
o Parlicloaltn Incluies aurclance at trierirgs on Issues or o2nrr1 IrtErest as nee 30:1
O Awarnertto rewarn eaIuate and crone apAtcrlae responses totrro a Issues as meow
The Regional FIeaIf Pureen6S5 80arb ilinettns fine as an Ircleperdert mi'sfi't Cm vw adAscry cagacty to We wricus misting tarns fcr
carnutvcilatcpue. TI'Ie Bowers Marge Is to maXetret opraluiltiss exIstfar quality cab aue Di citizens of Capes C ris1ft Nueaes Carty, and
San MUD cto combY The BOECI StrieS as blh (11 a deffhltase fa Ogg Vat M•guIrles are ad :tassel In Me accrcPtte falnli arCJ Q1 an
a+tardir0 Y=Volme:rerism to ensure trEtpe rrarcebased clialo ueis maim* In all t 17ical areas.
On ber er of the Re trial Health loWireria Bard:
RHAB Can
017 behafil ; --
Organf Icn Narne --
Board Members
• Public members appoinljed by city/counties
• EdUCaUOn menbers
• 1ndustrymenters
• AdviSOrf staff (non vcing)
• Staggeredtvoyearteirns
Executive Board Members
• Chairperscn - James Mobley, M.D
• Vice Chairperson - Dennis Roberts
• Treasurer - Mary Jane Hamilton, Ph.D.
• Secretary - Lillian Murray
• Administratcx - Wililam Uhlarik, M.B.A., A.R.M
Board Representatives
San Patricio County
-- James Mobley M.D., FAAFP, Brig.
Gen. (RTD) USAI
- Dennis Roberts, refired
- Alorlso Manna, retired
City of Corpus Christi
- Lillian Murray, oorrranitykroluntes.
- Margie Rose, Asst City Manager
-- Angela Wrnack, aomrTL nity volunteer
Nueces County
- Abel Alonzo, achrocate for the disabled
- Lionel teem, Citizens for
Envirorrnental Justice
- Nina Sisley M.Q.
Port industries of Corpus Christi
- Tom Ballow, Shemin Alumina
-- Rich Tube, Flint Hills
Academia Mary _lane Hamill= T llegeOf N , t FU- .N.�
- Yi Fang Zhu, TAMU
Ex-Officio
- Annette Roctrigue , M.P.H., DIrectoro
Public �-� Christi -Nuece ealth
- Nelda Perez - En
Pnleclidn Agency
- Susan CleNls - Texas Corrrrssion on
EnvironrnataI Quality
How We Work
• Anyone (citizen, agency, board member)
may Mate inquiry
• Assign leader and iracking nurser
• DeFine problem or question
• Pass IflcUII1 appropnate agency
• MOnIIDr progress and outccme
• Cormiunicate, corrrnunicate,
cCflTflLflicate!
Active Inquiries
• San Patricio County Cancer Rate
• La Tierra Grande Colonia Health Study
• Ballard Sand Pits and Brine Services
Superlind Sites
• Nueces County Birth Defects
• EPA: Respiratory Disease prevalence
• EPA: Area Emergency Evacuation
Board Meetings
• Monthly
• Public
• Subjectto Open MeetIflQS Act
Questions
Contactrne
Dr. James McbI€y- 361 - 643 -4546
Or the R HAB AthJlitDr
Bill Uhlarik, Public Health AcITIiIIStralDr
Ccmmurity Health Services Division, CCNCPHD
Office: 361 - 826 -7246
E -Mail: Wil1ianU@cclas.can
Thank you for listening!
\I t") STO
44.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
,0 4111101 w
_7itlt AVENUE, SUITE i
I-
, DALLAS, TX 75202 2733
PR
Dr. James Mobley, MD.
Medical Arts Clinic
2413 Memorial Parkway
Portland, Texas 78374.
Dear Dr. Mobley:
Thank you so much for your visit to EPA Region 6 offices earlier this spring, as
well as your visit last week. 1 was very interested to hear about the progress of the
Regional Health Awareness Board and your ongoing work. As per your request, am
happy to write this letter of support for the Board's activities,
The concept of community dialogue is an integral part of any region's success in
identifying and responding to questions and concerns about public health issues. The
foresight :.shown by the Nueces County, San tri i County and th City of Corpus
Christi to establish this board in 2003 is .a testament to the value that your region pl ces
on that concept. Together with industry, community representatives, area universities and
local, state and federal agencies, these entities are supporting not only the ideal of public
dialogue but the practice as well.
As you : no . , : eve: ave been very interested in the Corpus .0 risarea commuriity .
and :the: envi.rontnent4l i ssue s that impact residents' be4lth health and w l f are. The
vulnprabilitis of io -incom residents ::are of parqcular-po.ncern to this office. We
believe, as you do, that it is very im ort nt for all the stakeholders to by r present ed, to
ablp to: voice their conoe s, and : to work . collaboratively :toward sol tiorns that will
benefit.. everyone.:.
1 applaud you and the other volunteer board members for your persistence through
what I'm sure was : a difficult process of creating your policies and procedures. It is our
hope and expectation that you will find success in the next phase of identifying the
necessary resources to support your work in the future. We find great value in having a
board of this nature in the Coastal Bend area with which we can work.
I will look forward to our next visit.
Sincerely,
athan Hook, Ph.D.
hector, Office of Environmental Justice
And Tribal Affairs
Recycled/Recyclable • Printed with Vegetable ON Based inks on 100% Recycled Paper (40% Postconsu er
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 11, 2007
AGENDA ITEM:
Motion to adopt an ordinance setting a tax rate of $O.563846 per $100 valuation. The ordinance
prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax
year 2007 and for each succeeding year thereafter until otherwise provided and ordained and such
other years as the same may be applicable, and declaring an emergency,
ISSUE:
The Texas Property Tax Code states that the governing body of the taxing unit should adopt a tax
rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll.
The rate will be comprised of to components: the rate needed to support the city's debt service
($0.199175) and the rate needed to support the city's maintenance and operations expenditures
($Q.364671) for FY 2007 -2008. The proposed tax rate exceeds the effective tax rate of $0.549193
per $ 100 valuation. Section 26.050) of the Code provides that a motion to adopt an ordinance
setting a tax rate that exceeds the effective tax rate must be made in the following form, "I
move that property taxes be i
FUTURE COUNCIL ACTION:
• Tuesday, October 9, 2007 — City Council to approve the 2007 Tax Levy based on the adopted
tax rate of $0.563846 per $100 valuation.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council adopt the ad valorem tax rate of $O.563846 per 100
valuation for tax year 2007 to support maintenance and operations and debt service by making a
motion that property taxes be increased by the adoption of a tax rate of $0.563846 per $100
valuation.
Cindy O'Brien
Director of Financial Services
Attachments:
Background information
2007 Property Tax Rates publication printed in the Caller -Times on Sunday, August 5, 2007
BACKGROUND INFORMATION
The tax rate of $0.563846 per $100 valuation submitted to City Council for adoption for fiscal year
2007 -08 is allocated between the General Fund (M& O) and the Debt Service Fund (I&S) at
$O.364671 and $0.199175 per 100 valuation, respectively. In compliance with the financial policies
adopted by City Council, the M&O rate will be the effective M&O rate as calculated for the effective
and rollback tax rates.
In November 2004, voters approved a 2% cent increase in the debt service rate in order to finance the
following propositions:
Street Improvements $68,350,000
Public Health & Safety Projects $ 1,900,000
Public Facilities Improvements $ 5,660,000
Park and Recreation Improvements $ 7,406,000
Bayftiont Master Plan Project DiatM
Total of all approved bond propositions $95,000.00
The I &S rate was increased in FY2005-06 in order to fund the voter approved debt for these Bond
2004 projects. This is the reason the proposed tax rate of $0.563846 per $100 valuation exceeds the
effective tax rate of $0.549193 per $100 valuation. The effective tax rate is a calculated rate that
would provide the City with approximately the same amount of revenue as it received in the prior
year, on properties taxed i
Tax Rate Information Published in the Corpus Christi Caller -Times
on Sunday, August 5, 24117
2007 Property Tex Rata In City a(Corpos Christi
This notice concerns 2007 property lax rates lbr City of carpus Christi. It
prime iofOnnation about UM tax race. Last yeses lax rale is the actual
Me the taxing unit used to de mine property taxes last year. This year's
fthctive tax rate would impose the UM* total taxes as !mot year if you
compara properties taxed in both years. This ye's rollback tax rale is the
highest tax rate the taxing unit can bet before tea can start tax rollback
p dures. fn esch coo these rates are Mind by dividing the toil amerount
of taxes by the tax base the total value of taxable property) with
acliustonents as required by state law. The rates are given per I00 of
propr value.
Last year's lax rates
Last year's opa ng taxes $$3.164,897
Last year's debt buus $21.3=997
Lest year's total taxca $64.4117,194
Layear's tax base $10.705.659.294
Last year's t01a1 tax rate 0.602372 /3100
This yeah dilative tax ate
but yeses adjusted taxes $63,210079
(afiar subtracdng taxes on lost properly)
+ Mk yews s jurted !ax bue St I409.714, •21
(after subtracting value of new property)
This yeses effbctive lax rate 0.549193 /slop
agcistrou r 14r aulam unttpthigsku arnica and iio r
This year's rollback tax rates
Last yeaeia adjusted operating taxes (ear $41,972,s9s
subtracting taxes on lost property and
a4justing fbr any transferred function, tax
ice* financing, antler enhanced
indigent health care expenditures)
+ This yeses adjusted tax buso $11,x'14.640
This year's effective apseat seta 0.364671 4100
x 1.00 - this yams maximum spatting mate 0.393344 4100
+ This year's debt rate 0.199175 4100
This year's total rollback rate 0.5930194100
Statement of Inatome/Decrease
Italy ofd Christi opts a 2007 tax rate equal to the motive tax
rate of 30349193 pet 100 of value, taxes would increase compered to
2006 t $1,305,063.
Schedule At. Unencumbered Mind Balances
The following meted balances will be kit In the sun's property tax
accounts at the end of the fiscal year. There balances are not encurrabered
by a corresponding debt obligation.
Type of Property Tax Fwd mace
General F $24,366,977
Debi Sew $10,099.697
ei B • 2007 Debt Service
The unit plant to pay the fold amounts for Iontn debts the ore
semarod by property tom TIC @mounts will be paid nom properly lax
revenues or additionrl sales tax MONO, if appli b ).
et tit is be
embus Papas& Peld hvese Other
DescriPdon is be Paid tram Proper Arnow* Total
•#D �; ; Tarr Tam to be Peld Perm*
1996 Certificates of
ceL#ikeies o $491024 1O1 f
2001A Omni $317,480 S904,723 SO
Oblisetioi
20018 award $2.513,730 $14 SABO $O $3,661.610
Obilmtka
2002Cadfcalesof $960,478 $1,042,117 SO S2,002.653
2002 Osaoall S3,U1 1 $35$,759 SO $3,377,130
2004 Cagayan Of $204.956 S2117,8113 SO NAM
Mikados
2004 Ooaoral S4.404,537 5416.944 SO $4,1121,4111
Maeda
2005 Omni $1,430,671 S3,321.621 SO 14732,299
Oblission
2005 Cariboo* of 8329,331 $664,245 SO S993.
2006 Cesdflakiet of $0 S487,159 80 $617.159
Oblisetioi
2007 Ceirtiliceiee of SO S225,316 SO X3,316
Oblisetioa
2007 Ooeorol S0 S123.550 SO $123
Obliptlea
2007A Omni $0 31,044,803 $0 81.044103
Tato1 Requinoi 1 r 2007 Debt Simko #23,143,210
- Amount if paid from fonds led to Schedule A SD
Amount (if fkom other resources SO
• Excess collections last year So
Total to be paid fiom taxes in 2007 $23,1410
+ Amount added in antiolpation that the unit will $71 5131
collect only 97.03% ofits taxaa in 2007
Total Debt Levy S23,161,041
Mir notice contains a wry of mud eve mid rollback tax rates'
calculations, You can inspect a copy Odle fkall Miens at 901 Leopard,
Suite 301, Corpus soli, Texas 73401.
Name of'person pre orinS this notice: Ramiro R. Canale#. CTA
Title: Nueoes County Tax lector
-- -- - -De w Preporal: Amt 1, 2007
$110,613
$29,447
SO
S0
s2to,290
3599,173
iit72,703
AN ORDINANCE
SETTING A TAX RATE OF $0.563846 PER $100 VALUATION;
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND
COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX
YEAR 2007 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL
OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS
THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt
the tax rate on $100 valuation for this city for tax year 2007 as follows:
$0.364671 for the purpose of maintenance and operation
0.1 99175 for payment of principal and interest on debt
$O563846 Total Tax Rate
THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST
YEAR'S TAX RATE.
SECTION 2: That there is hereby levied, to be assessed and collected in current
money of the United States of America, for the use of the City of Corpus Christi, Texas,
for the year 2007 and for each succeeding year thereafter, until otherwise provided and
ordained, an annual ad valorem tax of $0.364671 on each one Hundred Dollar value
thereof, on all property, real, personal, and mixed, located within the said City of Corpus
Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all
individuals, partners and corporations holding franchises in the City for defrayment of
current expenses of the government, including but not limited to street improvement of
said city. Said tax shall be assessed upon loo percent of the market value of ro p �
subject thereto.
p
SECTION 3: That there is hereby levied, to be assessed and collected in current
money of the United States of America, for the use of the city of Corpus Christi, Texas
for the year 2007 and for each succeeding year thereafter, until otherwise p rovided and
ordained, an annual ad valorem tax of $o.1 99175 on each One Hundred Dollar value
on all property, real, personal, and mixed, and franchises described in Section 2 of this
ordinance and assessed upon 100 percent of the market value of property subject
thereto, said taxes to be appropriated for the purpose of creating a sinking fund to
pay
: G- I \Li a \Ordinance 2007\Ad Valorem Tax Rate 2007.cloc 9/6/200711:53:34 AM
the interest and principal maturities on all outstanding City of Corpus Christi bonds not
otherwise provided for, and including the interest, agent fees, and maturities of the
following City of Corpus Christi bonds:
ANNUAL DEBT SERVICE DUE
FY 2007 -2008
HALEG-DIRTisa\Ordinance 2 7 Ad Valorem Tax Rate 2007.doc 9/6/200711 :53 :34 AM
Principal
Interest & Fees
Total
1 996 Certificates of Obligation
$225,000
$36,638
$261 ,638
2000 Certificates of Obligation
$620,000
$125,723
$745,723
2001 General Obligation
$395,000
$1,125,631
$1,520,631
2001A General Obligation
r►rr� -. - -- -
$3,130,000
$181 ,500
$3,311,500
2002 Certificates of Obligation
. - -iii
$1,1 95,000
i i
$1 ,296,648
$2,491,648
2003 General Obligation
$3,760,000
$442,625
$4,202,625
2004 Certificates of Obligation
$256,000
$271,084
$526,084
2004 General Obligation
$5,480,000
$518,780
$8,998,750
2008 General Obligation
$1,780000
$4,1 32,675
$5,912,675
2006 Certificates of Obligation
$410,000
$826,435
$1,236,435
2006 Certificates of Obligation
$854,944
$854,944
2007 Certificates of Obligation
-
$280,332
$280,332
2007 General Obligation
$183,718
$153,718
2007A General Obligation
-
11,299$1
$j299,915
$17-2MODO
a
$179G1618
HALEG-DIRTisa\Ordinance 2 7 Ad Valorem Tax Rate 2007.doc 9/6/200711 :53 :34 AM
In addition to the ad valorem tax levy totaling $68974,984, the balance of this debt, if
any, incurred by the City of Corpus Christi shall be funded from sources other than ad
valorem taxes.
SECTION 44: That all taxes for the year 2007 hereby levied shall be due on receipt of
the tax bill and shall be delinquent if not paid before February 1, 2008, except as
otherwise provided in the Texas Property Tax Code; and penalty and interest shall be
due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No
discount shall be allowed for early payment of taxes. The Texas Constitution, Property
Tax Code and other applicable laws shall govern all matters related to the taxes levied
herein, and the City shall have all authority thereunder.
SCTION 55: if for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 6: 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 111h da y of September 200 7.
ATTEST:
Armando Chapa
City Secretary
Approved: September 6, 2007
Lisa Aguilar
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
HALEG-DIRTisa\Ordinance Ad Valorem Tax Rate 2007.doe 9/6/200711:53:34 Al i
Corpus Christi, Texas
Day of - , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: s: l 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
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael IlcCutchon
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 11, 2007
AGENDA ITEM: Resolution approving the submission of a grant application to the
Institute of Museum and Library Services to fund the placement of the Voyage Exhibit
on Shoreline Boulevard; approving the solicitation of matching funds on behalf of the
City to acquire and place the Voyage Exhibit; approving placement of the Voyage
exhibit on Shoreline Boulevard; and agreeing to manage the installation and undertake
the maintenance of the exhibit.
Staff Presenter(s)
Name
1. Rick Stryker
er
2. Sally Gavlik
Outside Presenter(s):
Name
1. Colleen McIntyre
Title /Position
Director
Director
Title /Position
President
De . artment
Museum
Parks and Recreation
Organization
bland Foundation
ISSUE: Local and area public and private school districts have come together to
request support from the City for installing a permanent exhibit on the Bayfront. The
"Voyage" exhibit is a version of an exhibit that is installed on the National Mali in
Washington, D.C. between the National Air and Space Museum and the Smithsonian
Castle. It is a one to 10-billion scale model of the solar system that stretches 600
meters - the length of six football fields. This proposal would result in the installation of
the exhibit permanently along the seawall to enhance the linkage between the
educational resources located in the museum district and the hotels and visitor facilities
located in downtown.
REQUIRED UII ED CO NCIL ACTION: Approve the resolution
PREVIOUS COUNCIL ACTION: None
FUNDING: Museums for America Program of the Institute of Museum and Library services
and matching contributions from private sources.
CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve
this resolution.
Attachments:
Power Point Presentation: X
Parks 'nd Recreation Director Museum Director
BACKGROUND INFORMATION
The Voyage Program ynrww.vovaesolrsstem.or was introduced to the nation in
2001 as collaboration between Challenger Center for Space Science Education, The
Smithsonian Institution, and the National Aeronautics and Space Administration. The
National Center for Earth and Space Science Education developed the exhibit and
recommended involving the Corpus Christi Museum of Science and History in part
because of the potential for funding about two - thirds of the projected $200,000 cost
through the "Museums for America" Grant Program. There is a matching requirement
that can be both in -kind and in cash. This proposal includes the intention of the various
educational foundations associated with Corpus Christi public and private school
districts to raise the matching funds collaboratively. The City would be required to
install and maintain the exhibit.
The timeline is fairly tight with the Grant Guidelines being issued August 1, 2007 with a
deadline for submission in November 2007 and an award date in July 2008. There is a
two year time frame in which the funds, if awarded, must be spent.
This project is important to school students because it fits nicely into the
technology /science literacy goals included in school curriculums. The science testing
(TAKS) also mandated nationally by No Child Left Behind starts in 5th grade. This
exhibit is relevant to science curriculums and is accompanied by inquiry based
activities, fun facts, teacher training workshops and other components. The approach
is based on the "learning community model" that provides core curriculum -based
teaching units at all grade levels for schools as well as a recreational and educational
experience for families - locals and tourists.
This exhibit is made of porcelain enamel story boards on an anodized aluminum base
that will withstand the climatic conditions of our bayfront and is fabricated with
provisions that make it easy to clean and maintain even including provision for the
removal of spray paint.
Presented to:
The Corpus Christi City COuncll
September 11, 2007
Corpus Christi Museum o Science and, History.
Caialien IndependentSchool District
Corpus Christi: Independent School .Di tdct
Diocese of Corpus Christi Schools
Education Service Center -- Region
Flour Bluff Independent School District
Island Foundation ;{ t:
London Independent S ho
Tuloso Midway Ind e- dent School District
West Oso Independent School District . .
program The Voyage .. overseen bY the National na an r for Earth and
of models to
provide an and a din art '.s plate
irt.
tar space science education experiences for divers audiences .across
ntire community. The experiences are on the Science
System and the Sun's place among the st
2
Quieniland; 'Australia
• .OrIindo1 FL .
Dos Moines, IA
.. S.hrevs rt, LA..
• attimor* MO • •
.. CleviI ndt OH •
Broken Arrow, OK
. Boltefonte, PA
.Provider , RI •
Syracuse,' NY
or•pus CtbFsli, TX
Houston, TX
it nie $eac#i, VA
3
The: real Solar System is exactly 10 billion times lar ert an the
model
rag ... e. leaving . t 'rapes sized Sun . at the x;
..... ' Pol:.S eat
d calking north' toward the % erican;' pirk Cent r e
Aftr walking
just 5b feel you t: n ounter rth hoc e, a human : race, an
smaller than the head of a piny The entice 'oi alt: o& the:f000n 111
comfortably.. in . he, ai of your hand. T -foot i taripe Ixt een
a ► and Sun represents {.1 } rears f o rav l at the
are ci l jet.
..:.. r a c ort e ' -minut walk, stopping tong the way to
visit s um er of other world ,kyou arrive at the Federal
urth us , 6.6 football :•elds' north the model Sun (2000 .:
here; just visible, ..Is 4 n Pluto—far smaller than the head of a in.
Looking back at the model Su 'a Toss over 6 football fields of
empty :space, you realize that Earth is no more than a sell. speoS
of dust orbiting close to the Sun. How does the human eVen
know Pluto exists?
4
a }(
.. ` p yr*.i.ripl:pclos a ic4oppmized site _:ap prori .ire its � o
::.: ��r l t ` "other 'units and ::#�I: land *0: ,An k rl T0040.04: :
-; f for a u hitilti
•
yr:
5
t ib:o re fully AIWA cOmpliart .
b OVOit the ground
:.. h
:........ h entrance xit and a t6 0d belt stanchions a
. !
• r n f1 .II tallat! ••• ••: • : •
x
Master copies of: .::..:
A tour brochure, customized: to to
for vrsitors visitors.
A tour bro
ur cornm lty; facilitating' sel#guided tour
AR, gui e that :. facilitates inquiry-based activities ; nd� # gi n '#fat .:.
use t i n as :a laboratory for Solar System exploration: se it this
way, l yage bap explain many aspects of the night sky as' seen from Eart ,
and reveal what would be seen if you looked up in the sky from the :surface ? of
another. planet.
An extensive suite of K-13 lessons that can be used :$
after a visit to the exhibition.
New grade K-13 lessons as they are developed.
Activities for family and home use.
6
As well as:
half- to full-clay w rksh p: for up to 60 classroom educators, - and -.
informal educators from museums/science centers, on the use of the
exhibition and the Voyage' 66-a tonal edu tional m it rials, : - ; :...
A n
family bli science program for 200 to 2,000 attendees.
Ongoing accept to Teachable MOments r'r : tiv News—web-daliyered
rea,, sng news stories in Solar System expiration; packaged
dwnlle lessons and educator training.
Ongoing access to our staff educators and planetary scientists, :o assist:.
your community's educators with questions in both :: science ce content and
pedagogy.
Ongoing access to resources at the program web s
The total cost :p per Voyage Community is $179,600::.:
. .... ... ....
ere are also a numbertif ttOli
CoMMunjty that must be,nidered:':'
eliv r : of the ex ubiti.on;
me by the
on:.:
•Copying of tour brochures, activity guide, grade K-13 lessons, and
family home activities for dissemination t the neral visi orshl ,
educators, and families
• Materials #: Ilaintenan a and Warranties
>Stanchions are composed of solid anodized aluminum
•
>National exhibit is cleaned only ..... _ :.:. ... cleaner .. . . glass
ne year warranty
>Those on National Mall in perfect condition wl nin
Storykoanzig :..
4
fat rials, Maintenance and Warran.ties
>Those on National Mall in perfect condition with only cleaning
8
ry Materials, Maintenance and Warranties
Ias e po ents:.:..
stal planets behind .laminated thmpered glass
rranty
•
Those on National Mall have never been broken
1
Voyage exhibition on the National :::Mall in Washington, .C., has :.
en in place :since October gool Washington, D , , i: spi t
e . seasonal variations in { ambient conditions, an the' N n l all is
the nation's highest visitor traffic environments.
9
Sources of funding
g Application with assistance from the National Center fors Earth and
Science :Space d cation for a $15q,C90 grant from the : Institute of
Mustium and Library Services
Application deadline in November
,4plications for grants from local philanthropic foup a ons
Have applied to Coastal Bend Community :Fou+r lotion }.........
• Private donors
Owen & Susan Hopkins - $4,000
11
RESOLUTION
APPROVING THE SUBMISSION OF A GRANT APPLICATION TO
THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES TO
FUND THE PLACEMENT OF THE VOYAGE EXHIBIT ON
SHORELINE BOULEVARD; APPROVING THE SOLICITATION OF
MATCHING FUNDS ON BEHALF OF THE CITY TO ACQUIRE
AND PLACE THE VOYAGE EXHIBIT; APPROVING PLACEMENT
OF THE VOYAGE EXHIBIT ON SHORELINE BOULEVARD; AND
AGREEING TO MANAGE THE INSTALLATION AND
UNDERTAKE THE MAINTENANCE OF THE EXHIBIT.
WHEREAS, Voyage was developed as a unique collaboration between the
Challenger Center for Space Science Education, The Smithsonian Institution, and
the National Aeronautics and Space Administration to provide a high impact venue
for experiencing our solar system In a comprehensible scale; and
WHEREAS, the Museum of Science and History is committed to providing
science education opportunities to school students especially through
collaborating with classroom educators to improve science literacy in our
community; and
WHEREAS, area public and private school districts have identified the
Voyage exhibit along with its associated curriculum based programming as a
tremendous resource for their students; and
WHEREAS, the Voyage exhibit would be an unimposing yet significant
interactive family activity available for local citizens and tourists alike who wish to
enjoy the experience of walking along our bayfront promenade.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City of Corpus Christi approves the submission of a grant
application to the Institute of Museum and Library Services to fund the placement
of the Voyage Exhibit on Shoreline Boulevard.
SECTION 2. The City of Corpus Christi approves the solicitation of
matching funds on behalf of the City to acquire and place the Voyage Exhibit.
SECTION 3. The City of Corpus Christi approves the placement of the
Voyage Exhibit on Shoreline Boulevard.
CADocuments and SettingsWeronicao\DesktopWo07.RESO.ExVoyageillSep07.doc
1 CIF
SECTION 4. The City of Corpus Christi agrees to manage the installation
and undertake the maintenance of the Voyage Exhibit once necessary funding has
been obtained.
ATTEST:
Armando Chapa
City Secretary
AP
Veron ias
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
C:\Documents and SettingsiveronicaoMesktopWoOTRES a ExVoyagellSep07.doc
nF:
day of __1 2007.
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hu ell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
ine
Michael McCu c on
CADocuments and SettingskveronicaokDesktopWoOTRESO.ExVoyage.11Sep07.doc
Fn
20
August 30, 2007
Mayor Henry Garrett
1201 Leopard St.
Corpus Christi, TX 78401
Dear Mayor Garrett and City Council Members,
The Bayfest, Inc. Board of Directors Executive Committee met on Tuesday evening,
2007 to consider the existing festival admission fee structure. A unanimous
de
lsion was made to not consider a reduced admission fee for "special needs "
individuals,
In 2005, our admission fee was reduced from $7.00 to $5.00 in an effort to provide
families of this community a more affordable festival; however, the festival expenses
have continued to escalate.
We are a non-profit organization. Our festival is fully accessible and we support and
p or g
serve other non-profits providing them an opportunity to fund raise. Bayfest provides
admission n discounts for children, seniors and the military. Free admission is offered to
seniors on Saturday from 11 :00 am until 3 :00 pm and to children 6 and under all
weekend.
We are confident that our admission fees are economically friendly for our community.
lneere y,
Sue E. Madry
President
Bayfest, Inc. Board of Directors
Cc: George K Noe, City Manager
Armando Chapa, City Secretary
Zg3031 ...
aol- 4 V
a aw
RECEIVEp °
Officeofthe
`\s, 4
Y RYOR ti�
Bayfest, s , Inc. In . • P.O. P. . Box 1858 ' Corpus Christi, TX 78403-1858 • 61 887 -0868 • Fax (361) 887 -9773
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: August 28, 2007
AGENDA ITEM: Motion approving an admission fee for Bayfest of five dollars, $5.00 per
day for adults and three dollars, $3.00 per day for military, seniors and children between
the ages of seven to twelve. children ages six and under are admitted free. Bayiest will
be held September 28-30, 2007.
ISSUE: Organizers of the Bayfest asked for permission to charge five dollars ($5.00)
per day for adults and three ($3.00) per day for military, seniors and children between
the ages of seven to twelve.
Bayfest will be located in downtown Corpus Christi on the Eayfront.
REQUIRED ED COUNCIL ACTION: City Council must approve associated fees for
admission.
PREVIOUS COUNCIL A CTION: City Council approved admission fees in previous years.
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented.
Sal y Gay!
Parks an
Attachments: None
irec or
ecreation Department
21
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 11, 2007
AGENDA ITEM:
Resolution supporting the proposal to host the American Bowling Congress Tournament in 2011
in Corpus Christi, authorizing the allocation of the City's share of the proposal ($500,000) over
the next 4 years, and authorizing the indirect support included in the proposal.
ISSUE:
The Corpus Christi Convention and Visitor's Bureau has submitted a proposal to host the 2011
American Bowling Congress Tournament. The proposal includes a monetary contribution of $1.1
million plus indirect support (rent waiver and on -site support). The CVB has committed to fund
350,000 from its funds and raise $250,000 from the private sector. The City's share of $500,000
would be allocated over the next 4 years.
REQUIRED UII ED COU CIL ACTION: Passage of the resolution of support
FUNDING: City's share of funds totals $500,000 and would be allocated over the next 4 years.
CONCLUSION AND RECOMMENDATION: Approval of the resolution.
Gore K. Noe
City Manager
Attachments:
1, Economic Impact of USBC Championships report
2. Resolution
THE ECONOMIC IMPACT OF
USBC OPEN CHAMPIONSHIPS
ON
CORPUS CHRISTI
Prepared for
Corpiis � rls 1
CADRE ND MUSTANG ISLANDS
Prepared y
Jim Lee, Ph.D.
Texas A&M T amity -Corpus Asti
August 2006
Summary Sheet
USBC Open in Corpus Christi
February 11 — July 2, 2006
Visitors
67,135 bowlers (average party size of 35)
238,370 total visitors
4. 1.05 million visitor -days (average 4.4 days per visit)
Spending
4. $85 million n visitor destination spending, excluding airfares
• $80.7 per visitor per day ($282.5 per party)
➢ Spending by category: lodging (42 % ), eating & drinking
(27 %), shopping (9 %), recreation & entertainment (9 %)
Economic Impacts
❖ Direct impacts
➢ $85 million in business revenues
➢ $45.4 million in household income
➢ 2,603 jobs
•'• Total Impacts, including Indirect & Induced effects
$171.3 million in business revenues
• $93,4 million in household income
• 5,3l3jobs
EXECUTIVE SUMMARY
This report first presents the profiles of visitors coming to the 2006 USBC Open
Championships tournament in Corpus Christi, Texas. Based on survey data, this report
also highlights visitors' travel experiences and provides estimates for the economic
significance that the bowlers and their companions contributed to Corpus Christi's
business activity, household income and employment.
• Estimates reported in this report are drawn from surveys jointly conducted by the
Corpus Christi Convention and Visitors Bureau and Texas A &M University- Corpus
Christi. The survey forms for bowlers were distributed by the CVB staff during the
event. Findings are based on a sample of 801 returns. In early July, a survey of local
businesses was also conducted to analyze the convention's impact on businesses in
the tourism industry.
• Between February 11 and July 2, 2006, a total of 67,135 registered bowlers and 45
USBC officials came to the American Bank Center in Corpus Christi for the USBC
Open. Their average party size was 3.5 persons. On average, these visitors stayed
for 4.4 days and each party spent $282 per day in Corpus Christi.
• The survey confirms that visitors enjoyed their overall experiences in Corpus
Christi. The area is perceived as a friendly and attractive tourist destination that is
also affordable. The respondents particularly enjoyed the area's waterfronts and
other attractions, such as the USS Lexington and Texas State Aquarium. The
majority of respondents also expressed interest in returning to the area for another
visit or recommended the area to other people.
• The 2006 USBC Open generated an estimated total of 238,370 visitors to Corpus
Christi and approximately 1 million visitor days. These visitors spent an estimated
total of $85 million in Corpus Christi. Visitors spent the most on lodging (42%),
,
followed by eating and drinking places (27%), and retail stores (9%).
▪ The total economic impact of visitors associated with the 2006 USBC Open was $171.35
million in business revenues in Corpus Christi. Visitors' direct spending in the
metro area also generated secondary impacts, which totaled $86.4 million. The total
volume of business activity related to these visitors accounted for 5,313 local jobs
and $93.4 milli
• The 2006 SBC Open benefited the local tourism industry the most. An over 30%
gain in local hotel revenues, or $1.4 million, was attributable to the event. Such an
increase in business activity was responsible for an estimated increase of $1.3 million
in Hotel Occupancy Tax revenues.
A RESOLUTION
EXPRESSING THE CITY'S DESIRE TO HOST THE AMERICAN
BOWLING CONGRESS TOURNAMENT IN 2011, AND AUTHORIZING
THE CITY MANAGER TO PROVIDE ASSISTANCE IN THE FORM OF
$500,000.00 PAYABLE OVER FOUR YEARS, FREE RENTAL OF THE
AMERICAN BANK CENTER EXHIBIT HALL, AND RELATED IN-KIND
SERVICES, SUBJECT TO ACCEPTANCE OF THE BID AND ANNUAL
APPROPRIATIONS AS REQUIRED BY LAW.
WHEREAS, the American Bowling Congress is a national organization for the
promotion of bowling with thousands of mnembers throughout the United States; and
WHEREAS, the City of Corpus Christi is very interested in hosting the 2011 American
Bowling Congress National Tournament and Convention; and
WHEREAS, if Corpus Christi is chosen as host, approximately 70,000 bowlers and an
additional 245,000 family members and guests will visit the City over a 150 -day period,
spending approximately $85,000,000 to $90,000,000, and the American Bowling Congress will
p g
utilize the American Bank Center, as well as private facilities, for its various functions; and
WHEREAS, the Texas Legislature has specifically encouraged local communities to
promote tourism by their activities and by use of their own funds; and
WHEREAS, the sport of bowling provides wholesome exercise, fellowship, recreation
and entertainment which benefits the public generally; and
WHEREAS, hosting of the American Bowling Congress Tournament will enhance
tourism, help improve airline service, provide employment opportunities, and increase economic
activity in the City; and
WHEREAS, the Corpus Christi Area Convention & Visitors Bureau has committed
support from its own funds in the amount of $350,000.00 and additionally has raised the amount
of $250,000.00 from a broad range of sources in the private sector in order to help make up more
than half of a total cash bid package of 1,1 00,000.00 for the 2011 American Bowling Congress
Tournament; and
WHEREAS, the City Council finds and determines that many and various public
purposes will be promoted and enhanced by hosting the 2011 American Bowling Congress
Tournament, including, but not limited to, tourism, employment, economic development, the
sport of bowling, exercise, fellowship, recreation, and community activities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi, Texas wishes to express its strong desire
to host the 2011 American Bowling Congress Tournament and is committed to ensuring that the
tournament is a success i
Corpus Christi, Texas
of - - -, 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hunnell
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Michael IeCuton
C: \D CLIME-1 \lauriela\L C LS-- 1\Temp \Bowling Congress City Resolution for 201 1.doc
22
C PaY
Partners for a Better duality of Life
Councilman Michael McCutchon, 1..
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Dear Dr. McCutchon:
We are honored that you and the City of Corpus Christi would seek Chiang, Patel and
Yerby, Inc.'s (CP&Y's) qualifications to evaluate your public drinking water system. To
better familiarize Y ou with our finn, I have enclosed a brief description of our firm and
our capabilities.
As for your specific request, CP&Y stands ready to assist the City of Corpus Christi in
identifying short -term and long -term solutions to the recent public water supply quality
issues, CP&LY has P rovided similar services to other water providers throughout the State
of Texas. The most recent examples are the Canyon Regional Water Authority and the
City f The Colony. For your reference, I have enclosed brief project descriptions of our
services to these two clients along with reference contact information. l have also
enclosed a list of other references that you may use to verify our qualifications.
1 will lead our evaluation team and I will be assisted by Luang Zhu, PhD, PE and Edward
Motley, P . For your reference, have enclosed copies of our resumes. The three of us
- �i �
will be supported by staff from our Environmental Division which numbers over
individuals boa ted in Dallas Fort Worth, McKinney, Houston, and San Antonio.
We understand the difficult position that the City of .orus Christi finds itself after
having its public drinking system test positive for E. coli. The City must identify the
source of e p ro le n and implement ire .at actions to resolve the issue. Our team
will bring a true outsider's p erspective in identifying the source of the problem, and
providing a short -term and long -term solution to the problem.
We would like to meet with you at your earliest convenience to discuss the specifics of
the recent episode and how we may assist you in resolving the recent treated water
quality issues.
Sincerely
CHINO, PATEL & YERBY, INC.
alter Chiang, PE
Chiong, Patel & Verby, Inc.
1820 Regal Row, Suite 200
Dallas, Texas 75235
214.6338,0500 * 214,638.3723 fax
www.cpVi.co
INTRODUCTION TO CP &Y
Since our beginning in 1980, Chiang, Patel & Y rby, Inc. (CPU) has been selected
to perform numerous projects in the southwest as well as nationally and interna-
tionally. CPU Y has served as prime consultant, as well as subconsultant, t other
engineering firms offering our environmental, highway & bridge, mass transit, avia-
tion, electrical /IBC, and construction management services to industries. The ser-
vices that CPU provides include evaluation, planning, design, and assistance during
the bidding process. We also provide construction management services as well as
startup and operations assistance.
P Y is a full-service consulting firm offering multidiscipline engineering s rvi -
s.This year we are celebrating our twenty-seventh year of operation in the consult-
ing engineering arena. Our firm is ranked in the Top 500 Design Firms in the country
by Engineering News- Record. We have earned a reputation of providing excellence
in engineering by offering our clients an unmatched level of service, attention to
detail, and personal involvement by the firm's top management, evidenced by the
fact that 87% of the firm's business is from repeat clientele.
CPU's design philosophy is best stated a,`Dvlp cost- effective solutions,
considering both capital and operational costs, that best fits our clients' needs7This
statement contains a number of words that are key to understanding our design
philosophy. PY's client base is governmental entities; therefore, our engineers un-
derstand that we are custodians of the public trust and, as such, we must be vigilant
at returning to ur clients, and the public, th best valu forth it capital investment
Hence, developing designs that are "cost effective" is an essential element of our
design philosophy. However, designs have to be more than cost effective, they have
to meet our "clients: and the public's, needs."The clients' needs are complex. They
obviously require that the design provides the required functionality, but they may
also include enhancing the aesthetic value of the asset, enhancing the environment,
or reducing the environmental impact, or even offer secondary benefits. All rolled
up, our design philosophy integrates the need to offer the greatest
value to our client by designing cost - effective solutions that do not
sacrifice needs.
CPU's design methodology implements our philosophy by
focusing on gaining a thorough understanding of the clients', and
INTRODUCTION FEE Y TEA r,
other stakeholders, needs from the projects. We work with the client to ran
those needs in terms of relative importance. We then develop design conce
that address the various needs. These concepts are tested to validate their relative . .-
success in meeting the needs and the relative costs. The results of this evai t
are presented to the client along with our recommendations, but the final
sion on the selected design alternative is left with the client.
Often our clients have their own institutional standards for various desig
elements. Such standards bring constancy to the client's infrastructure. CM
includes the clients' standards in our design, provided they meet the needs
specific project. If, by chance the project needs call for modifications to slier
standards, our team will discuss the modifications, and the reasons for theriri,
the client prior to implementing the change.
KEY PERSONNEL
Walter Chiang, PE
Walter Chiang's environmental and civil engineering background includes
treatability studies, field testing, feasibility studies, facilities design, and project
managerrent. He has vast experience in conducting many engineering process
evaluation studies and has managed design projects for wastewater, water, Indus-
trial waste, and sludge handling systems for more than 35 years.
Gang Zhu, PhD, PE
Dr, Zhu's experience in civil and environmental engineering includes water/
wastewater design, pump stations, residuals disposal, stormwater, landfills, facility
design, kinetic calculation, full -scale plant startup, pilot -scale testing, site investi-
gation, feasibility studies, academic research on water and wastewater treatment,
sludge disposal, and solid waste management. Dr. Zhu has also worked on sever-
al hazard chemical accidental release prevention programs and hydraulic analysis
and modeling projects.
Edward M. Motley, PE, DEE
Ed Motley has 30 years of experience in planning, designing, and construc-
tion administration for a wide spectrum of civil and environmental engineering
projects. Ed's project roles range from project manager to technical resource and
design specialist. His experience includes treatment plants, pump stations, pipe-
lines, streets, and drainage projects.
INTRODUCTION/ BEY TEAS ?
All three key people are very experienced water quality engineers and kholari
All have taught and are teaching regular classes and short schools at the U iv r i-
ofTexas at Arlington, Ed Motley and Guang Zhu are also the authors of the- t ding +:
textbook "Water Treatment Plant Design "published y Prentice Hall in 2001ii...
The following pages list two relevant projects we have completed recent
Texas. Listed are client references and the resumes of the key people assign
this project,
RELEVANT PROJECTS
CANYON REGIONAL WATER AUTHORITY
WATER QUALITY EVALUATION
P &Y recently completed a coin- The CP&Y team identified t .root
prehensive evaluation of the Canyon cause of the water quality episc
Regional Water Authority's (CRWA)water and recommended minor chag:
treatment and distribution system to the treatment process that
identify the causes of water quality con- vent such episodes from reocciii
cerns and potential solutions. The study The CP&Y tern also recome#
focused on a complex water quality epi- laboratory protocols to be foll wed
sode that occurred in the summer er and CRWA and its wholesale customers i
fall of 00 when CRWA experienced follow. These protocols were d lgn : -.
taste and odor issues, loss of chlorine re- to track key water quality trends so
sidual and high disinfection bi- products. that issues could be timely identified
P &Y conducted an extensive re-
view of operating records from each of
CRWA's two water treatment plants, raw
water quality data, climatology and hy-
drology data from the raw water source,
and water distribution data CP &Y's staff
also developed a computer model to
simulate the operations of each of the
two water treatment plants and the dis-
tribution system. The model simulated
chlorine and ammonia residuals and
water stability (pH, hardness, alkalinity,
temperature).
and corrective actions implemented
before water quality deteriorated
to critical levels. The protocols also
outlined the appropriate corrective
actions for test results above or below
the recommended values. The CP &Y
team also trained CRI's staff and its
wholesale customer's operations and
laboratory staffs in the new protocols.
CRWA - \Aiatei
Contact:
Quality Evaluation
David Daven *ort, General Mana•er
Address:
850 Lakeside Pass
New ra nfels,Texas 78130
Telephone:
830-609-0543
Fax:
830-609 -0740
Email:
crwa @crwa,or •
4
THE CITY OF THE COLONY
DISINFECTION STUDY
REL E A N T PROJECTS
MnMMl MininUffiffiMIifiIMM1MI11MIMMIIMMM1t11M #IMMIMMM1MMM MMM1MMMiMMMMM111 MMMM1MMMIIIM1MIM1MMr,11MIU1 MMlMIHMN1NIIIMMMM1IxMMMMlMMM tiIII M MI M MII MMt MMUM MIll ,- ti:...
The City of The Colony retained CPY
to conduct a study to identify corrective
actions to resolve taste and odor issues
and disinfection issues within the city's
water distribution system. The city's wa-
ter distribution system uses water from
three wells and purchased surface water
from the City of Dallas.
CM found that the ground water
supplies used a free chlorine disinfection
strategy while the City of Dallas supply
used a chloramine disinfection strat-
egy. Water from the two sources was
mixed in the distribution system. = 1
ing the water caused a chemical rc ;r..
tion that imparted a strong taste an
odor and in extreme cases reduce
the chlorine concentration to- zero: = = =A;.
CPY recommended that"
Colony convert their ground water
supplies to chioramin. Sincet hl .
-
rconnmendation was implemntd, .
the number of taste and odor com-
plaints has been significantly reduced.
City of the Colony
Contact:
- Ditiirifection turfy
Gordon Scru • gs, PE
Address:
6800 Main St.
The Colony, Texas 75056
Telephone:
972-624-3137
Fax
972-6242317
Email:
gscruggs@thecolonytx.gov
5
CHIANG, PATEL & YERBY, INC.
REFERENCES
„ , ii M i i M,„ „ , . „i r i i , a„ ur,r M M,„ „„ r ,„„„ rn,„„„„i M,„ i M M „„ i, „M, „ .. i ran i .r,,,,,iiitiiimili
REFERENCES
Larry Patterson, PE, Director of Engineering
Upper Trinity Regional Water District
Address: 900 N. Kealy
Lewisville, Texas 75067
Telephone: 972-219-1228
Fax: 972 -221-9$96
Email: Ipatterson @utrwd.com
Charles Stringer, PE, Assistant Director
Dallas Water Utilities
Address: 2121 Main St., Suite 300
Dallas Texas 75201
Telephone: 214-6704060
Fax: 214. 670.8056
Email: cstring @dallascityhall.com
Bill Tatum
Trinity River Authority
Address: 5300 South Collins
Arlington, Texas 76010
Telephone: 817-4674343
Fax: 81 7- 465 -0970
Email: tatumb@trinityra.org
Kerry Averyt
San Antonio Water System
Address: 2800 US Hwy 287 North
San Antonio, Texas 78212
Telephone: 210-233-3591
Fax: 210-233-4804 .
Email: kerry.averyt@saws.org
6
RESUMES
Resume
IN. WALTER CHIANG, PE
Chief Executive Office,
Education
• Master of Science, Environmental
Engineering, University of Texas at
Austin, 1970
• Adjunct Faculty Member, University
of Texas at Arlington, since 1975
Registration
Professional Engineer:
• Texas # 37110, 1 974
Years with Firm
25 Years
Years with Others
12 Years
Affiliations
• WEF — Water Environment
Federation
• AMA —American Water Works
Association
• Honor Member of Chi Epsilon
4.
A
Background and Experience
Walter Chiang's environmental and civil engineering background includes
treatability studies, field testing, feasibility studies, facilities design, and project
management. He has vast experience in conducting many engineering process
evaluation studies and has managed design projects for public water supply,
wastewater, industrial waste, and sludge handling systems for more than 35 years.
Water Quality
Canyon Regional Water Authority: Water Quality Evaluation — Technical Advisor:
consulted on the development of computer models of the CRWA's two water
treatment plants that simulated the chemical and physical dynamics of the water
treatment process. The model included a module for the model that simulated the
fate of chlorine residuals and THM formation in the treated water transmission
system. These models were used to identify potential process changes that could
stabilize the chlorine residuals in the treated water transmission system, reduce
disinfection bi.products and reduce taste and odor episodes.
The City of The Colony: Disinfection study — Technical Advisor: Consulted with
the project concerning water quality issues. The scope of the study was to identify
potential solutions to taste and odor episodes resulting from mixing ground water
supplies with surface water supplies in the city's water distribution system. With the
help of Mr. Chiang, the team identified the cause of the episodes as chemical
reactions that resulted from mixing water with free chlorine with water disinfected
with chloramines. The team recommended converting the ground water disinfection
to a chlor mine disinfection strategy. This recommendation was implemented with
positive resutts.
City of Fort Worth and Water Quality Board of Texas: Conducted water data
evaluation for arsenic in water supply lakes and rivers in the state of Texas.
Managed the sampling programs for numerous storm water and wastewater.
Water Planning
Acton Municipal utility District Water and wastewater treatment plant planning
and designs.
Shanghai Pudong Water Company, China: Master plan of the Shanghai Pudong
Water Supply and Distribution System.
Water Treatment
Bachman Water Treatment Plant -- City of Dallas, Texas: Treatability studies
and various plant improvements. A 3.mgd water treatment plant with ozone
facility.
East Side Water Treatment Plant — city of Dallas, Texas: Hydraulic and various
treatment improvements. A very large 540-mgd plant with ozone system.
Rolling Hills Water Treatment Plant -- City of Fort Worth, Texas: Pilot plant
design for SDWA evaluation.
cP&Yj
Resume
W. WALTER CHIANG, PE
Page 2
Midlothian water treatment plant design.
Fort Sill Recreation Facilities - Water Treatment Facilities: Feasi
Resume
W. WALTER CHIANG, PE
Page
Technical IBs:
Physical- Chemical Treatment Design,' The Conference of Application of New
Concepts of Physical - Chemical Wastewater Treatment, Pergamon Press, Inc.,
1972.
`Comparative Studies of Biological Treatment and Chemical- Physical Treatme',
presented at Texas Water Pollution Control Association, 13th Annual Conference,
1974.
°The Design of Aeration Systems in an Energy Efficient Manner", presented at
Energy Optimization of Water and Wastewater Conference, US Department of
Energy, 1979.
°Advantages and Disadvantages to Pretreatment of Industrial Discharges ",
presented at the Texas Water Pollution Control Association Annual Conference,
1980
•
"The Optimum Design of Aeration System ", presented at the Texas Section ASCE
- ¢ Meeting, 1980.
"Overland Flow Land Treatment Kinetics ", presented at the Texas Section ASCE
Meeting, 1981.
'Treatment and Recyde Wastewater from Filter Backwash', presented at the Texas
Water Pollution. Control Association Conference, 1989. -
°Biological Treatment to Remove Phosphorus and Nitrogen", Purdue Conference,
1990.
°Retrofit Treatment Plant for Nutrients Removal ", Water World Conference, New
Delhi, India, 1998.
"Water Treatment Pilot Plant Design ", Journal of Texas Water, 1991.
'Trends in Disinfection Y - Product Regulations from a Treatment Plant Process
Viewpoint", presented at the International Conference on Water and Wastewater,
Beijing, 1994.
"Water Treatment Plant Filter Ripening Strategies', ICEVON Conference, Beijing,
China, 1994.
Coauthor of book with Dr. Syed Qasim, Sanity Lanclhate Der eration
Control and Treatment Technomic Publishing Company, Inc., 1994.
Translated into Chinese and editor of the book, Industrial Ilatewatr Treatment of
Activated Sludge Piss,, Technomic Publishing ompan , Inc., author Wesley
Eckenfeler, 1997.
"Treatability of Aircraft Deicing Fluids in Activated Sludge Process," presented at the
Texas Water '9 , the Water Environment Association of Texas (WEAT), and the
Texas Section of American Water Works Association (TAWWA) Joint Annual
Conference, Arlington, Texas, April 6-9, 1997
°Retrofitting Conventional Activated Sludge Plant for Biological Nutrient Removal,"
presented at Texas Water '98, the Water Environment Asso ation of Texas, and
CRS
Resume
W. WALTER CHIANG, PE
Page 4
the Texas Section of AWWA Joint Annual Conference, Galveston, Texas, April 5-8,
1998.
"Development of Hydraulic Simulation Modeling for the Shanghai Sewerage
Project," Proceedings of the 76th Water Environment Federation (WEF) Annual
Technical Exhibition and Conference (WEFTEC 200 3), Los Angeles, California,
October 11-15, 2003.
"Dynamic Simulation of Pump Station operation Using a Real -Time Control
Hydraulic Model,* Proceeds of the Water Environment Federation (WEF) and
Central States Water Environment Association of Texas CS EA Joint Collection
Systems 2004 Conference, Milwaukee, Wisconsin, August -11, 2004.
Resume
EDWARD M. MOTLEY, PE, DEE
Senior Vice President
Education
• Master of Science, CM
Engineering, University of Texas
at Arlington, 1982
▪ Bachelor of Science, Civil
Engineering, University of Texas
at Arlington, 1976
Registration
Professional Engineer
• Texas # 48243, 1980
• New Mexico # 8860, 1984
• Diplomat, American Academy of
Environmental Engineers (WW)
Years with Firm
Years
Years with Others
13 Years
Affiliations
• AWWA —American Water Works
Association
• ASCE — American moiety of Civil
Engineers -
• NSPE National Society of
Professional Engineer
• WEF - Water Environment
Federation
• AAEE — American Academy of
Environmental Engineers
Background and Experience
Ed Motley has 30 years of experience in planning, designing, and construction
administration for a wide spectrum of civil and environmental engineering projects. Ed's
project roles range from project manager to technical resource and design specialist. His
experience includes public water supply systems, treatment plants, pump stations,
pipelines, streets, and drainage profits. The following paragraphs list specific examples of
Mr. Motley's experience:
Water AssessinentsiStudiesiMaster Plans
Canyon Regional Water Authority: Water Quality Evaluation — Technical Advisor
Consulted on the development of computer models of the CRWA's two water treatment
plants that simulated the chemical and physical dynamics of the water treatment process.
The model included a module for the model that simulated the fate of chlorine residuals and
THM forrnafon in the treated water transmission system. These models were used to
identify potential process changes that could stabilize the chlorine residuals in the treated
water transmission system, reduce disinfection bi- products and reduce taste and odor
episodes.
The City of The Colony: Disinfection Study — Technical Advisor Consulted with the
project concerning water quality issues. The scope of the study was to identify potential
solutions to taste and odor episodes resulting from mixing ground water supplies wfth
surface water supplies in the city's water distribution system. With the help of Mr. Motley,
the team identified the cause of the episodes as chemical reactions that resulted from
mixing water with free chlorine with water disinfected with chloramines. The team
recommendecl converting the ground water disinfection to a chloramine disinfection
strategy. This recommendation was implemented with positive results.
Water Treatment Plant Facility Plan Study — city of Fort Worth, Texas: Part of a
consulting team selected by the City of Fort Worth to assess its present and future
compliance with demanding regulations
Water Treatment
Well Sites Ammonia System — City of The Colony: Principal-in-Charge; Design
of Ammonia Feed System at well sites.
Chlorine Feed System Improvements — City of The Colony: Principal -in-
Charge; Chlorine Feed System Improvements at the well sites as well as SCADA
improvements.
ASR Water Supply Well — City of The Colony: yin ipal -in- Charge; Design of
ASR water supply at Vlynnwood Peninsula
Bachman Water Treatment Plant — City of Dallas, Texas: Project Manager;
Hydraulic Improvements — expand existing 70-year-old, 115.mgd water treatment
plant to 150 mgd.
East Side Water Treatment Plant — City of Dallas, Texas: Senior Engineer;
Ozone Improvements -- design yard piping and structures for a new ozone system
for an existing 400-mgd water treatment plant.
Rolling Hills Water Treatment Plant City of Fort Worth, Texas: Senior
Engineer Chlorination System Evaluation.
(P&Yj
Resume
Edward M. Motley, PE, DEE East Side Water Treatment Plant — City of Dallas, Texas: Project Manager,
Page 2 Hydraulic Improvements — design improvements to relieve hydraulic constraints and
expand existing 400 mgd water treatment to 440 mgd
East Side Water Treatment Plant — city of Dallas, Texas: Project Manager;
Process Improvements Phases 1 and 2 design improvements which allow the
plant to meet more stringent safe drinking water rules and improve plant reliability.
East Side Water Treatment Plant City of Dallas, Texas: Project Engineer;
Phase 3 Expansion for East Side Water Treatment Plant design expansion of a
250-mgd water treatment plant to 400 mgd.
Bachman Water Treatment Plant city of Dallas, Texas: Project Manager;
Rehabilitation Stage IA SDWA Improvements — design process improvements for a
125 mgd water treatment plant required to meet Surface Water Treatment Rules
Bachman Water Treatment Plant -- city of Dallas, Texas: Project Manager;
Rehabilitation Stage 2 SDWA Improvements — design process improvements for a
125-mgd water treatment plant to improve reliability and efficiency
Dallas County Park cities Municipal Utility District: Project Engineer; Filtration
System Improvements.
8l .
r
Southeast Water Treatment Plant city of Dallas, Texas; Project Manager,
`x=} Master Planning for a 300 mgd water treatment plant.
{ _ City of Brownsville, Texas: Brownsville Water Treatment Plant — city of
Brownsville, Texas: Technical Resource; Brownsville Water Treatment Plants No.
1 and No. 2 Renovation. Renovation of Iwo 20-mgd water treatment plants
Regional Water Treatment Plant — city of Huntsville, Texas: Project Manager;
Design of an 8-mgd water fneatment plant
Regional Water Treatment Plant — city of Livingston, Texas: Project Manager;
Design of a 2 mgd water treatment plant
Water Treatment Plant city of Fort Worth, Texas: Technical Resource;
Chemical Facility Evaluation Study, Chemical System evaluation for a 150-mgd
water treatment plant
Beijing Water Treatment Plant No. 9 — Beijing, China: Project Engineer, Phase!!
Filter and CAC facilities. Design of granular filters and carbon adsorption beds for a
100 -mgd water treatment plant
East Side Water Treatment Plant CIty of Dallas, Texas: Project Manager;
Vulnerability Assessment. Evaluation of a 400 -mgd water treatment plant to identify
and correct plant vulnerabilities
City of Fort Worth, Texas: Project Manager; Research Study of Alternatives for
Arsenic Removal and Residuals Management
$uperaqueduct Project — Puerto Rico Aqueduct and Sewer Authority, San
Juan, Puerto Rico: Project Manager; Water Treatment Plant Site Selection and
planning for a 10-mgd water treatment plant. .
cP&yJ
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Edward M. Motley, PE, DEE
Page
Water Treatment Plant Expansion — Upper Trinity Regional Water District:
Project Engineer Water Treatment Plant Expansion • 20 mgd to 70 mgd. Design of
raw water and filter systems.
Efficiency Consulting Service for Water Utility Equipment -- City of Grand
Prairie, Texas: Principal -in- Charge; Potable water pumping systems were evaluated
and recommendations were made to improve the efficiency and reliability of Grand
Prairie's water pumping system.
Infrastructure Financing Report — Region C Water Planning Group: Project
Engineer; Surveyed municipalities in Region C to identify finance options for major
water supply infrastructure improvements.
Rolling Hills Water Treatment Plant — City of Fort Worth, Texas: Project
Engineer Chlorination System Evaluation.
2000 Long Range Water Supply Plan City of Dalian, Texas: Project Manager;
Master Plan Update to the City's Long Range Water Supply Plan for water supply,
raw water infrastructure, and treatment capacity through the year 2050.
Update to the 2000 Long Range Water Supply Plan — Dallas Water Utilities:
Principal -in- Charge for Data Collection, Analysis and Update to the previous 2000
Long Range Water Supply Plan report.
t Population and Water Demand Projections — Region C Water Planning Group:
Assisted in developing population and water demand projects for each city in Region
C having a population of 500 or more for the 16 county, 13,000-square-mile region
with a projected population of 9.5 million.
l _
Long Range Water Supply Plan, Upper Trinity Regional Water District.
North Coast Superaqueduct Project — Puerto Rico Aqueduct and Sewer
t : Authority, San Juan, Puerto Rico: Project Manager; Planning, design,
construction, and operation of a 100- GD water supply project.
Lake Palestine Pipeline, City of Dallas, Texas: Project Manager; Master
planning, route selection and ROW acquisition for the Lake Palestine Pipeline
Project
Southeast Water Treatment Plant, City of Dallas, Texas: Project Manager; Water
Supply System Master Planning and Site Selection.
Water Distribution Master Plan — City of Clifton, Texas.
Water Supply Study - Bosque County.
Water Storage Facilities
Rowlett Road Pump Station — City of Rowlett, Texas: Project Manager 2-million-
gallon Ground Storage Reservoir
Liberty Grove Pump Station — City of Rowlett, Texas: Project Manager; Two
million-gallon Ground Storage Reservoirs
cP&yj
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•
Edward M. Motley, PE, DEE
Page
Huntsville Regional Water Supply System: Project Manager err illio - l
Ground Storage Reservoir - Huntsville, Texas (Construction Administration
Elm Fork Water Treatment Plant — City of Dallas, Texas: Project Engineer; 0-
million- gallon Ground Storage Reservoir.
East Side Water Treatment Plant -- City of Dallas, Texas: Project Engineer;
500,000-gallon Elevated Washwater Tank
Highway 66 - City of Rowlett, Texas: Project Manager, 1-million-gallon Elevated
Storage Tank
Elevated Storage Tank — City of Rowlett, Texas: Project tanager; Renovation of
750,000-gallon Elevated Storage Tank
Puerto Rico Aqueduct and Sewer Authority: ty: Project Manager; Two 0- million-
cP&yJ
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s
GUANG ZHu, PHD, PE
Associate
Education
* P.., Civil Engineering, The
University of Texas at Arlington,
Arlington, Texas, 1996
• M.S., Environmental Engineering,
Tsinghua University, Beijing,
China, 1988
al B.S., Sanitary Engineering, Beijing
Civil Engineering & Architectural
Institute, Beijing, China, 1982
Registration
Professional Engineer.
Texas, #9010, 2002
Years with Finn
9 Years
• American Water Works Association
• Water Environmental Federation
Years with Others
15 Years
Affiliations
•r
Background and Experience
Dr. Zhu's experience in civil and environmental engineering includes public water
supply systems, wastewater treatment design, pump stations, residuals disposal,
stormwater, landfills, facility design, kinetic calculation, full -scale plant startup, pilot -
scale testing, site investigation, feasibility studies, academic research on water and
wastewater treatment, sludge disposal, and solid waste management. Dr. Zhu has
also worked on several hazard chemical accidental release prevention programs
and hydraulic analysis and modeling projects. Some of Dr. Zhu's projects are listed
below:
Water
Canyon Regional Water Authority: Water Quality Evaluation — Project
Engineer: Developed computer models of the CBI's two water treatment plants
that simulated the chemical and physical dynamics of the water treatment process.
Dr. Zhu also developed a module for the model that simulated the fate of chlorine
residuals and TIM formation in the treated water transmission system. Dr. Zhu
used these models to identify potential process changes that could stabilize the
chlorine residuals in the treated water transmission system, reduce disinfection bi-
products and reduce taste and odor episodes. •
Shanghai Pudong Vivendi Water Corporation Limited SPVWC Water Supply
fern, shanghai, China - Veolia Water Asia, Hong Kong, China: Project
Engineer; Prepared technical sections of the proposal, performed data collection
and analysis. Was involved in interviews; conducted field observations; prepared
population projections; supervised water demand forecasts by district and by land-
use area; prepared project report; and prepared final project presentation in the
Stage 1-- Study and Research, Water Supply Master Plan project.
Shenzhen Water (Group) Corporation, Limited (SZWG) Water Supply System,
Shenzhen, China -- Veolia Water Asia, Hong Kong, China: Project Manager;
Prepared technical sermons of the proposal, managed the project. Was involved in
interviews; conducted Meld observations; supervised data collection and analysis,
population projection, water demand forecast; prepared project report and final
project presentation in the Water Demand Forecast for Shenzhen Special Economic
Zone.
Tirupur Area Development Project New Tirupur Area Development Corp.,
Ltd., Tirupur, India: Prepared conceptual design for hydraulic flocculators and
tube settler clarifiers; prepared MID for filters and backwash water system;
prepared material balance calculations; reviewed final technical offer; and prepared
responses to clarification for the design -build water supply project proposal.
Northeast Regional Water Treatment Plant — Puerto Rico Infrastructure
Financing Authority: Project Engineer Performed treatment process mass
balance analysis for the design -build project proposal.
Northwest Regional Water Treatment Plant -- Puerto Rico infrastructure
Financing Amity: Project Engineer; Performed treatment process mass balance
analysis for the design/build project proposal.
El Yunque Filter Plant — Puerto Rico: Project Engineer, Performed treatment
process mass balance analysis, raw water quality evaluation, bench -scale jar tests,
cP&yj
Resume
;s . ii- ,: -,.,
GUANG H , PH[ PE and designed improve rent fa litr chemical for intake structure and chemcal system.
Page 2 ' Prepared construction specifications.
City of Fort Worth, Texas: Researched arsenic removal from drinking water by
enhanced coagulation.
Dallas County Park Cities Municipal Utility District: Project Engineer;
Performed process modification evaluation of water treatment plant to comply with
the Safe Drinking Water Act.
Bachman Water Treatment Plant — city of Dallas, Texas: Project Engineer,
Designed and evaluated Bachman Water Treatment Pant improvements.
Taguaza Water Treatment Plant Hldrocapita, Caracas, Venezuela: Performed
raw water quality evaluation; prepared improvement plans for filters and chemical
system; and wrote technical approach for the design -build project proposal.
Eas side Water Treatment Plant — city of Dallas, Texas: Supervised filter
performance evaluation and improvement alternative development for the 549-mgd
expansion project.
Travis Water Treatment Plant — City of Austin Water and Wastewater
ut , Austin, Texas: QA/QC; Performed project validation evaluation of the
- { Preliminary Site Assessment Report for this 50 initial 1500 ultimate mgd water
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assessments k treatment plant project. Reviewed assessments related to raw water sources,
quality, 4l finished water water quality regulations, available treatment technologies,
' conceptual process design, residuals management, wastewater disposal, and
storrnwater management fa likes, and prepared validation comments.
Hydraulic Analysis and Modeling
:._ Doran Pump Station — Kailas Water utilities; Provide assistance in development
of a steady state and dynamic hydraulic model of the City's South High Pressure
Plane using KYPIPE2000TH. Performed hydraulic analyses to develop a system -
head curve for the hydraulic design of a 30 mgd distdhurtion pump station.
Second shanghai Sewerage Project — Shanghai Municipal Sewerage
Company, Ltd., shanghai, China: Developed original hydraulic model using
InfoWorksni software for sewage collection/transmission system; prepared data
collection plan for later model enhancement project; performed model calibration;
developed real -tune control (RTC) module for simulation of variable pump operation;
performed evaluation of system operation; prepared and performed customer
training services; and wrote final technical report.
Dongshen Water Supply System — Guangdong, China: Developed water
aqueduct system hydraulic model, performed operation simulations, developed
optimal dispatch strategies, and wrote technical approach for this improvements
project proposal.
Yellow River Diversion Project — Shanxi, China: Assisted in development of
water aqueduct system hydraulic modeling and real-time control (FTC) simulation
for the project proposal.
4`. -k
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23
AGENDA MEMORANDUM
City Council Action Date: September 11, 2007
SUBJECT: Doddridge Street Improvements ents — Ocean Drive to South Staples Street
(Project No. 6273) - BOND ISSUE 2004
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute a construction contract
with Haas- Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of
$8,084,452.10 for the Doddridge Street Improvements — Ocean Drive to South Staples
Street. (BOND ISSUE 2004).
B. Motion authorizing the City Manager or his designee to execute a Construction
Materials Engineering Laboratory's Inspection and Materials Testing Services
Agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas,
in the amount of $59,959 for the Doddridge Street Improvements — Ocean Drive to
South Staples Street. (BOND ISSUE 2004).
ISSUE: The proposed project was approved November ber 2, 2004 in the Bond Issue 2004
Package under Proposition No. 1 Street Improvements. The project is now ready to begin
construction and requires City Council approval.
The Doddridge street Improvements project design was completed by Goldston
Engineering. Bids were received on August 22, 2007, and the project is ready to begin the
construction phase, pending City Council approval. It consists of the complete
reconstruction of the existing roadway; new curb and gutter; sidewalk and ADA curb ramps;
lane striping and pavement markings; and includes underground utility improvements for
water, wastewater and storm water.
FUNDING: Funds for this project are available from the FY 2006 -2007 Capital
Improvement Budget.
RECOMMENDA ENDA I N: Staff recommends approval of the motions as presented.
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le Gray,
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Foster Crowell
Director of Wastewater Services
FIAHOM at ile1 EM tre,eislfi 7 - Doddridgel onstn.ctionlAgenda Memo.doe
Additional support Material:
Exhibit "A" Background Information
Exhibit "_1" Prior Actions
Exhibit "" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
BACKGROUND D INFOR TIOI
SUBJECT:, Doddridge Street Improvements — Ocean Drive to South staples Street
(Project No. 6273) - BOND ISSUE 2004
CONSTRUCTION PF J ECT DESCRIPTION: The reconstruction overlay of Weber from
SPID to Staples was completed under Bond Issue 2000. This proposed ro'J e t will
complete the improvements for Doddridge and Weber. This project is the complete
reconstruction of oddridge from South staples to Ocean Drive. This project will be
completed in three phases and will require phased street closures on Doddridge. During
this time, traffic will be restricted to local residents only. The three phases of work include:
• Phase 1 work on Doddridge will be from Ocean Drive to Sante Fe and includes an
underground storm water outfall on Denver from Doddridge to the Brawner Proctor
major drainage outfall.
• Phase 11 will continue from Sante Fe to Alameda and include a storm water outfall
along Topeka from Doddridge to the Brawner Proctor major drainage outfall.
• Phase three will complete the project on Doddridge from Alameda to staples and
will require partial closure of Staples for a storm water outfall from Doddridge to the
Brawner Proctor major drainage outfall.
This project includes the complete reconstruction of:
• the existing 4-lane roadway between the existing curb and gutter;
• removal and replacement of all curb and gutter;
• removal and replacement of all sidewalk and new construction in locations where no
sidewalk exists;
• AA curb ramps per project requirements;
• lane striping and pavement markings;
• rehabilitation of existing sanitary sewer;
• replacement and/or adjustment of curb inlets to improve drainage;
• a 6 -inch water transmission main and appurtenances;
• removal of the existing water transmission main;
• supplemental underground storm drainage; and,
• adjustment of affected valves and manholes to grade, including,
O approximately 2528 LF of 5' ',6' ',6'x ', ' 6' box culvert;
O 5102 LF of (18" to 60") reinforced concrete pipe (RCP);
O 38,112 SY of asphalt pavement renovation,
O 38,118 SY of subgrade, and 2000 SY of concrete driveway;
O 13,170 LF curb and gutter,
O 51,000 SF sidewalks, and 47 curb ramps;
O 8799 SY blanket grass sodding;
O 7338 LF of (6" to 16" PVC water line;
O 16 fire hydrant assemblies, and,
O 5243 LF of (8" to 21") PVC sanitary sewer;
• well pointing for culverts and wastewater lines;
H:IHOME LYNDASICENISIreets12004 Bond Issue \6213 - DoddridgelA ENDA BACI CROUND.doc
• tree removal, trimming & pruning within right -of -way, and
• televised inspection of conduits.
BID INFORMATION: : The City received proposals from six bidders on August 22, 2007
(see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is $9,451 ,747.
The bids range from $8,084,45210 to $10,335,483.15. The City's consultant, Goldston
Engineering Inc., and City staff recommend that a construction contract be awarded in the
amount of $8,084,452.10 to Haas- Anderson Construction Ltd. of Corpus Christi.
CONTRACT TERMS: The construction contract specifies that the project will be completed
in 600 calendar days June 2009).
TESTING AGREEMENT: This project also consists of a proposed testing agreement with
Rock Engineering and Testing Laboratory to conduct construction materials testing
services in the amount of $59$59.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community. The Bond Issue 2004 package includes $95 million in
projects to be funded from ad valorem property taxes (a General Obligation Bond issue) in
Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront
Master Plan projects. The proposed projects target the City's most immediate needs to
improve existing physical facilities, provide for growth, and protect the City's investment in
its infrastructure.
H:1H MEILYNDASI EN1Streets12004 Bond Issue16273 - Doddridge\A ENDA BA KGR U D.doc
PRIOR PROJECT ACTIONS
SUBJECT: Doddridge Street Improvements — Ocean Drive to South Staples Street
(Project No. 6273) - BOND ISSUE 2004
Prior Project Actions have included:
PRIOR COUNCIL ACTION:
. I ovember 2, 2004 — Resolution r ssin f c al intent to reimburse costs of the
Bond Capital Improvement Projects (Resolution No, 026015).
2 November , 20Q4 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. May 10, 2005 — Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Goldston Engineering in the amount of
$670,215 for the Doddridge Street Improvements from Ocean Drive to South Staples
Street. (BOND ISSUE 2004) (Motion No. 2005-135)
4. September 19, 2006 Ordinance approving the FY 2007 Capital Budget in the amount
of $1461994,500. (Ordinance No. 026997)
PRIOR ADMINISTRATIVE E ACTIN
1.
ugust 26 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local).
2. March Z5, 2005 Addendum No. 1 to the Request for Qualifications (RFQ) No, 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local).
3. April 13 2005 -- Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4. May 17, 2005 — Administrative approval of a small geote hni al testing agreement with
Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount
of $17,902 for the Doddridge Street Improvements from Ocean Drive to South Stales
Street. (BOND ISSUE 2004)
5. January 2 2007 — Administrative approval of Amendment No. 1 to the Contract for
Professional Services with Goldston Engineering in the amount of $24,805 for a total
restated fee of $695,020 for the Doddridge Street Improvements from Ocean Drive to
South Staples Street. (BOND ISSUE 2004)
6. February 19, 200 - Administrative approval of Amendment No. 2 to the Contract for
Professional Services with Goldston Engineering in the amount of $24,880 for a total
restated fee of $719,900 for the Doddridge Street Improvements from Ocean Drive to
South Staples Street. (BOND ISSUE 2004)
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EXHIBIT "C"
Page 1 of I
DODDRIDGE STREET IMPROVEMENTS
OCEAN DRIVE TO SOUTH STAPLES STREET
PROJECT NO. 6273
PROJECT BUDGET
September 11, 2007
FUNDS AVAILABLE:
ESTIMATED
BUDGET
ir..irrrrr�►
It9!mwa:!pIP
$ 8,084,452.10 1
$4,075,137,71
Street CIP
NE Consultant G I Ist n Engineerin Inc.
2,174, 712.91
Water CIP
- - --
C nstru ti ri Management ALCM Inc.)
2,145,324.90
Wastewater C1P
4,700.00
1 ,400,828.59
40,000.00
Finance Reimbursements ursement
30 000.00
Total
L
9,796,004.10
FUNDS REQUIRED:
Construction Cost Haas- Anderson Construction Ltd.
$ 8,084,452.10 1
Construction Contingencies
808,445.00
719 #900.00
NE Consultant G I Ist n Engineerin Inc.
Testing Services (Rock En ineerin Testing Lab)
77 861.00
- - --
C nstru ti ri Management ALCM Inc.)
23,248.00
Surveying (Pyle & Associates - -- -__
4,700.00
- -
En ineerin Reimbursements
40,000.00
Finance Reimbursements ursement
30 000.00
Incidental Expenses (Printing, Advertising, etc.)
7,398.00
Total
$ 9,796,004.10
\Mprojct\counci/exhibits\exh6273.dwg
ROAD
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LOCATION MAP
NOT TO SCALE
PROJECT No, 6273
EXHIBIT 'D'
1
DODDRIDGE STREET IMPROVEMENTS
OCEAN DRIVE TO SOUTH STAPLES
BOND ISSUE 2004
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 08/29/2007
- -
IMP
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: s :r.plember 1, 2007
AGENDA ITEM:
A. Resolution authorizing the City Manager or designee to execute all documents
to accept the $175,000 rant from the U.S. Department of Justice, office of
necessary grant
Justice Programs, for support of the Corpus Christi Southeast Weed and Seed Community,
for FY 2007-2008.
B. Ordinance appropriating $175,000 from the U.S. Department of Justice Office of Justice
Programs in the No. 1067 Federal /State Grants Fund for Support of the Corpus Christi
Southeast Weed and Seed Community, for FY200 -too ; and Declaring an emergency.
ISSUE: The City of Corpus Christi has been awarded a $175000 grant from the J.S.
Department of Justice, for the Corpus Christi Southeast Weed and Seed Community. The
and Seed Program federal grant must be renewed annually to continue its current
Weed g g .
For the past ten years, council has granted authorization to accept and
strategy. � � ]1
approp
appropriate the Department of Justice funds for the Weed and Seed Program. The grant
period is from 10/01/2007 to 09 /31/2008. The Weed and Seed Program is a part of the
�
Parks and Recreation Department.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager
nee to accept and appropriate these funds. The grant period is from 1 0/01 /2007
or his � p p p
to 09/31/2008.
FUNDING: U.S. Department of Justice, for the continuation of the Weed and Seed
Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance.
Q
ally
Parks
Attachment: Background Information
I- o r r
ik,
D rector
d Recreation
BACKGROUND INFORMATION
This Corpus Christi Southeast Weed and Seed Community grant in the amount of $175,000
will be used for the support of the Weed and Seed Program from the J.S. Department of
Justice (Dal) in the Flour Bluff area. It will be dispensed per guidance from the DOJ;
$87,500 for CCPD weeding efforts, and $87,500 for seeding efforts.
Our Site 1 North Community Program has been completed after 10 years of service to the
City of Corpus Christi and wilt not receive future funding. Our Weed and Seed Site 11 West
area is now completing its last year of funding.
Administration of the Weed and Seed Program was assigned to the Parks and Recreation
Department on October 26, 1999. The Executive Office for Weed and Seed directed the City
of corpus Christi to insure 50% of the funds received are allocated to the law enforcement
portion of the program, and the remaining 50% of the funds are allocated to the social
services portion of the program including treatment referrals, drug and crime prevention
programs, educational and recreational activities.
Department of Justice
Office of Justice Programs
Office of the Assistant Attorney General Washington. EI.C. 20531
August 3, 2007
Mr. George Noe
City of Corpus Christi
P.O. Box 9277
1201 Leopard, City Hall
Corpus Christi, TX 78469
Dear Mr. Noe:
On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2007 Weed and Seed Communities Competitive Program Guide and
Application Kit in the amount of 5175,000 for City of Corpus Christi, This award will enable you to support activities within
your designated Weed and Seed Community
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
Program Questions, Frederick Filbcrg, Program Manager at (202) 5l4 -5625; and
Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the ,CSC at ask.oci@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Regina B. Schofield
Assistant Attorney General
Enclosures
Department of Justice
Office of Justice Programs
Community Capacity
Development Office
PAGE 1 OF 3
Grant
L RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Corpus Christi
P.D. Box 9277 1201 Leopard, City Hall
Corpus Christi, TX 78469
4. AWARD NUMBER: 2007-WS-Q7-0258
3. PROJECT PERIOD. FROM 10/01/2007 TO 09130/2008
BUDGET PERIOD; FROM 10101/2007 TO 09/30/2008
6. AWARD DATE 08/03/2007
IA. GRANTEE IRSAFENDOR NO.
746000376
8. SUPPLEMENT NUMBER
00
7. AcTIO 1
Initial
9. PREVIOUS AWARD AMOUNT
3. PROJECT TITLE
Corpus Christi South East Weed and Seed Community
10. AMOUNT OF THIS AWARD
11. TOTAL AWARD
0
175000
S
175,00D
1. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT 18 APPROVED SUBJECT TO SUCH CONDMONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.C. sections 103-105
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
Regina B. Schofield
Assistant Attorney General
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
George Noe
City Manager
19. SIGNA ' OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
W'7
AGENCY USE 0
20. ACING CLASSIFICATION CODES E 21. WS07A30161
FISCAL FUND
HUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT '
7 Q WS 26 00 00
175000
OJF FORM 40000/2 (REV. 3 -87) PREVIOUS EDITIONS ARE OBSOLETE.
DJP FORM 4000/2 (REV. 4 -88)
l
Department of Justice
Office of Justice Programs
Community Capacity
Development Gfe
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2007-WS-Q7-0258 AWARD DATE 08/03/2007
PAGE 2 OF 3
SPECIAL CONDITIONS
L The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs JP Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan if recipient is
required to submit one pursuant to 28 O.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMR Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial
Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The grantee agrees to require that organizations which receive grant funds certify, as part of the contract, that they have
appropriate hiring policies and screening procedures for employees who will be working with youth and other residents
as part of the Weed and Seed strategy.
6. The grantee is encouraged to have at least one Safe Haven as a key element of the Weed and Seed strategy.
7. While specific program strategies may vary from site to site, the planning, development and execution for the following
elements shall be common to all Weed and Seed sites. These common elements are: (1) to organize and regularly
convene a Weed and Seed steering committee; 2 to maintain focus on the four components in the target
neighborhood; to screen applicants working with children while selecting and mobilizing resources to address
neighborhood problems; to regularly revisit goals, objectives, and the implementation strategies and schedules;
to adhere to the site development benchmarks as outlined in the annual Weed and Seed solicitations. Failure to
substantially comply with these elements is cause to discontinue grant funding.
8. Grantee agrees that if it chooses to award mini grants (sub- grants), those mini grant awards will be made for criminal
justice purposes. Grantee agrees to submit documentation of procedures for award and management of the mini grant
process within 90 days of award, if they have not already done so. Grantee also agrees to ensure that these procedures
comply with the OJP Financial Guide. For purposes of this condition, „crbninal justice purposes" shall mean those
activities contemplated in the definition of "criminal justice" found in the Omnibus Crime Control and Safe Streets Act,
42 [J.S.0 : 3791 (aX1). '"Criminal justice" is defined as " activities pertaining to crime prevention, control, or reduction,
or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime
or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction,and related agencies
(including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or
release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the
rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction
of narcotic addiction and juvenile delinquency."
9. Grantee agrees to submit a copy of approved Weed and Seed Steering Committee Policies and Procedures within 90
days of award.
10. The grantee agrees to submit a Government Performance Results Act (GPRA) Report for each calendar year in which
the grant remains open. These GPRA reports are due in CCDO by Maya 1st of each year, reporting the results from the
preceding calendar year
DJP FORM 4000t2 (REV. 448)
Department of Justice
Office of Justice Programs
Community Capacity
Development Office
PROJECT NUMBER 2007-WS.Q7.0258
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 08/03/2007
PAGE 3 OF 3
SPECIAL CONDITIONS
11. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be
supplemented with funds from other fiscal years. Therefore, timely implementation of this project is encouraged.
12. The grantee/fiscal iscal agent and Steering Conunittee recognizes that it must come into compliance with all new statutory
requirements for Weed and Seed programs within 90 days of accepting the award. See 42 U.S.C. Section 104. This
includes, but is not limited to, amending its existing Operating Policies and Procedures, consistent with guidance that
will be provided by CCDO, to include the U.S. Attorney (for the District encompassing the community) and the Drug
Enforcement Administration's special agent in charge (for the jurisdiction encompassing the community) as voting
members of the Suring Committee.
13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Dent of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. All specific elements of the recipient's application are subject to on -site or other verification during the term of this
grant. If any material deviation from the application is discovered during this review, then recipient acknowledges
that CCDO, in its sole discretion, retains all rights to remedy the problem, up to and including suspension or
•termination of the grant under the provision of 28 CFR Pam 18.
15. The recipient may not obligate, expend or drawdown funds on this award until it has submitted a revised program
narrative in accordance with governing guidelines and a Grant Adjustment Notice has been issued to remove this
special condition.
16. The applicant budget is pending review or approval. The recipient may not obligate, expend or draw down any grant
funds until the Office of the Comptroller, Office of Justice Programs has issued clearance of the application budget, and
a Grant Adjustment Notice has been issued removing this special condition.
oJP FORM 400012 (REV. 4 -88)
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS NECESSARY TO ACCEPT THE $175,000 GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR SUPPORT
OF THE CORPUS CHRISTI SOUTHEAST WEED AND SEED COMMUNITY FOR FY
2007 -2008.
BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute all documents
necessary to accept a $175,000 grant from the U.S. Department of Justice, Office of
Justice Programs, for support of the Corpus Christi Southeast Weed and Seed
Community, for FY 2007 -2008.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 5, 2007
oC..iAti
Lisa Aguil
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H: \LEG- DIRILIsa F e olution Zoo \Park and Rec WS resolution South East 2007 draft.do
Corpus Christi, Texas
- .. of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hell
Bill Kelly
Priscilla G. Leal
John E. Marez -----
i'lda Martinez
Michael MoC t hon
ORDINANCE
APPROPRIATING $175,000 FROM THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1067 FEDERAL/STATE
GRANTS FUND FOR SUPPORT OF THE CORPUS CHRISTI SOUTHEAST
WEED AND SEED COMMUNITY FOR FY2007 -2008; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $175,000 from the U.S. Department of Justice, Office of
Justice Programs, is appropriated in the No. 1067 Federal /State Grants Fund for
support of the Corpus Christi Southeast Weed and Seed Community, for FY
2007-2008.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council 1 finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of , 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 5, 2007
Lisa Aguilar
Assistant CI Attorney
for City Attorney
Henry Garrett
Mayor
H: \L - I \Lisa \Ordinance 2007Wark and Rec WS Ordinance South east 2007 dra# . 0
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: le, therefore, request that you
suspend said charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Mare - --
Nelda Martinez
Michael McCutchon