HomeMy WebLinkAboutAgenda Packet City Council - 09/25/2007CITY COUNCIL AGENDA
SEPTEMBER 25, 2007
Corpus Christi
N1-America Cily
'1111'
11:45 A.M. - Proclamation declaring the month of October as "Domestic tic iolence Awareness Month'
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
SEPTEMBER 25, 2007
10:00 A.M.
PUBLIC NOT C - THE S OF CELLULAR LAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS s D RING 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. Yourpresentation 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 listed desea dirigirse al Concilio y cree que su ingt s es l /mitado, habra un int rprete ingl siesparlol en Codas las 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- 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 Chaplain Lynne Blackler, Christus Spohn Memorial.
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 Tens Mike Hummel!
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Bill Kelly
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
1. Approval of Regular Meeting of September 18, 2007. (Attachment # 1)
Agenda
Regular Council Meeting
September 25, 2007
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Commission on Children and Youth
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
ratherthan a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H. CONSENT AGEN A
Notice _to the Public
The following items are of a routine or administrative nature. The council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items wine 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 I US MEETINGS:
3.a.
(Atth/spointthe council will vote on all moti
Agenda
Regular Council Meeting
September 25, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3.b. Ordinance appropriating a grant of $22,500 from the Texas
Department of State Health Services in the No. 1066 Health
Grants fund to provide laboratory services for the analysis of bay
water samples. (Attachment # 3)
4.a.
Resolution authorizing the City Manager or his designee to accept
a grant of $241 ,637 from the Texas Department of State Health
Services to provide an immunization program for children,
adolescents, and adults, with special emphasis on children two
years of age or younger, and to execute all related documents.
(Attachment # 4)
4.b. Ordinance appropriating a grant of $241 ,637 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide an immunization program for children,
adolescents, and adults, with special emphasis on children two
years of age or younger. (Attachment # 4)
5.a.
Resolution authorizing the City Manager or his designee to accept
a grant of $202,923 from the Texas Department of State Health
Services to provide essential public health services and to
execute all related documents. (Attachment ## 5)
5.b. Ordinance appropriating a grant of $202,923 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide essential public health services.
(Attachmerit ## 5)
6. Ordinance authorizing the City Manager or his designee to
execute a seven -month Lease with George Edwards, d.b.a. G.
Edwards Enterprises ("Lessee"), to provide concession services
at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf
Course in exchange for monthly payment of 3% of lessee's
gross receipts. (Attachment ## 6)
7. Motion authorizing the! City Manager or his designee to execute
a construction contract with Excel Pump and Machine, Inc., of
Corpus Christi, Texas in the amount of $324 #708 for O.N.
Stevens Water Treatment Plant High Service Nos. 5 and 6 Pump
and Motor Assembly Rehabilitation FY 2007. (Attachment # 7)
Agenda
Regular Council Meeting
September 25, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
I. PUBLIC HEARINGS:
8.a. Public hearing regarding South Guth Park land transfer to Texas
A &M University-Corpus Christi for university expansion.
(Attachment ## 8)
8.b. Resolution determining that there is no feasible and prudent
alternative to the using of South Guth Park by the Texas A & M
University System for the expansion of Texas A & M University
Corpus Christi campus and further determining that all reasonable
planning has occurred to minimize harm to South Guth Park
resulting from such use or taking. (Attachment ## 8)
ZONING CASES: (NONE)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
9. Broadway Wastewater Treatment Plant Diversion Status
(Attachment # 9)
10. Americans with Disabilities (ADA) Title 11 Transition Plan and the
City's Non - Discrimination Ordinance Report (Attachment # 10)
11. Fourth Quarter FY 2006-2007 Budget/Performance Report
(Under Separate Cover) (Attachment # 11 )
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS ESOLUTIO S AND ORDINANCES:
ANCES:
12. First Reading Ordinance - Amending the Code of Ordinances
Chapter 31 Noise, by repealing the existing hapter and adopting
a new Chapter 31 Noise; providing for publication; and providing
for penalties. (Attachment # 12)
13. Motion directing the City Manager to implement dues check -off
capabilities for non - public safety city employees. (Attachment
# 13)
Agenda
Regular Coun it Meeting
September 25, 2007
Page
CITY COUNCIL
PRIORITY IT ISSUES
(Refer to legend at the end of the
agenda summary)
L. ?UBLJCCOMMENT FROM _THE__A JDIENCE 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 EF IS EARLIER. . PLEASE
LIMIT PRESENTATIONS TATI S T THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
NCIL
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 petiti
Agenda
Regular Council Meeting
September 25, 2007
Page
CITY COUNCIL
PRIORITYISSUES
_ISSUES
(Refer to legend at the end of the
agenda summary)
14. CITY MANAGER'S REPORT T 1
Upcoming Items
15. MAYOR'S UPDATE
16. COUNCIL AND OTHER REPORTS
0. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official ibuIl tin board at the front entrance
to City Hall, 1201 Leopard Street, at al. p.m., September 21,
2007.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at wwwicctexas.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
September 18, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel!
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
ABSENT
John Marez
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 Allen Mosiman with Parkway Presbyterian
Church and the Pledge of Allegiance to the United States flag was led by Council Member
McCutchon.
Mayor Garrett called for approval of the minutes f the regular Council meeting of September
11, 2007. A motion was made and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (Items 2 -1 . There were no
comments from the public. Council members requested that Items 3, 8, 10, and 12 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION N . 2007 -240
Motion approving a service agreement with Southwest Medical Strategies d.b.a. The
Doctor's Center of Corpus Christi, Texas for occupational medical services, in accordance
with Request for Proposal Number B1-0198-07, for an estimated three -year expenditure of
$1 72,712 of which $43178 is budgeted for the reminder of FY 2007 -2008. The term of the
service agreement will be for three years 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. This service will be used by all City departments. Funds are budgeted in the
Liability and Employee Benefits Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting"Aye "; Marez Mare was absent.
4. MOTION NO. 2007 -242
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2007 Festival September 1 - October 2, 2007.
Minute — Regular Council Meeting
September 18, 2007 — Page 2
a. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of
Power Street (exclusive of the median crossover at Power Street) to Resaca Street,
beginning at 9:00 a.m., Wednesday, September 19, 2007 through 5:00 p.m.,
Tuesday, October 2, 2007;
b. Southbound Shoreline Boulevard (full closure), from the south right - of-way of
Resaca Street to the north right-of-way of Power Street, beginning at 9:00 a.m.,
Wednesday, September 19 through 5:00 p.m., Tuesday, October 2, 2007;
c. North Water Street (full closure), between Fitzgerald and Palo Alto Street, Palo Alto
Street, Fitzgerald and Resaca Street (full closures) between North Water Street and
southbound Shoreline Boulevard from 8:00 a.m., Thursday, September 20 through
6:00 a.m., Monday, October 1, 2007;
d. Northbound Shoreline Boulevard, (full closure), between north right -of -way line of
Power Street north to the end, from :00 p.m., Thursday, September 27, 2007
through 6:00 a.m., Monday, October 1, 2007.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
5. MOTION N . 2007 -243
Motion approving the application from the Corpus Christi Chamber of Commerce to
temporarily close the following street sections on Friday, September 2, 2007 from :0 p.m.
to 11:30 p.m. for the 2007 Conquer the Coast Criterium. (Attachment ## 5)
a. Schatzell Street from Upper Broadway Street to Chaparral Street;
b. Chaparral Street from Schatzell Street to Peoples Street;
c. Peoples Street from Chaparral Street to Upper Broadway Street;
d. Upper Broadway Street from Buffalo Street to Leopard Street.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent,
6. MOTION NO. 2007 -244
Motion authorizing a permit for the temporary closure of street(s) forte Holy Family Catholic
Church Fall Festival, and authorizing the City Manager or his designee to issue the permit
for the festival on an annual basis upon meeting the conditions and requirements in Section
49 -17.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
7. MOTION NO. 2007 -245
Motion authorizing the City Manager or his designee to execute a construction contract with
Salinas Construction, of Pleasanton, Texas in the amount of $686,980.10 forte Garcia Arts
Education Center Area Street Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; M rez was absent.
Minutes — Regular Council Meeting
September 18, 2007 — Page 3
9.a. MOTION NO. 2007 -247
Motion approving the Second Amendment to the Sanitary Sewer Trunk Force Main and Lift
Station Construction and Reimbursement burser ent Agreement submitted by Al Development, Inc.,
owner and developer of South Fork Unit 4 Subdivision for the reconstruction of the existing
Master Plan Lift Station No. 1 047 Greenfield by the Bay), located east of Rodd Field Road
and south of Wooldridge Road.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
9.b. ORDINANCE NO, 027416
Ordinance appropriating $32,000 from the Sanitary Sewer Trunk System Trust Fund No.
540450 -21800 -4220 to pay Al Development, inc. for the construction and installation
specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and
Martinez, voting "Aye,; Marez was absent.
11. ORDINANCE NO. 027418
Ordinance authorizing the City Manager to execute an amended Use Privilege Agreement
with Contractors Safety Council of the Coastal Bend ( "Owner"), to provide for use of 81-
linear feet along the east side of Southern Minerals Road public right -of -way for the
installation of a private 2 -inch PVC force main.
An emergency wa declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
13. ORDINANCE NO. 027420
Ordinance abandoning and vacating a 1 ,968- square foot portion of a 10-foot wide utility
easement out of Lots 23-30, Block S, Don Patrioio Subdivision, between Flour Bluff Drive
and Lynhurst Drive; requiring the owners, Trabarr Partners, LTD and Watch Dog Gate
Security, LTD to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and
Martinez, voting ,Aye "; Marez was absent.
14. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an amendment to the lease
agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and
amend the rental rate for baggage cart rental at the Corpus Christi International Airport;
providing for publication.
Minute — Regular Council Meeting
September 18, 2007 — Page
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye "; Marez was absent.
15. ORDINANCE NO. 027421
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. (First Reading 09/11/07)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 3 regarding a grant from the Department of
Homeland Security. In response to Dr. McCutchon, City Manager Noe said the purchase included
radio system improvements in conjunction with the Port of Corpus Christi. City Secretary Chapa
polled the Council for their votes as follows:
3.a. MOTION N . 2007-241
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$474,200 from the Department of Homeland Security for funding eligible under the FY 2007
Port Security Grants Program with a City match of $142,800 from the Law Enforcement
Trust Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
3.b. ORDINANCE NO. 027415
Ordinance appropriating $474,20Q from the Department of Homeland Security in No. 1061
Police Grants Fund to purchase law enforcement equipment for the Police Department with
a City match of $142,800 from the Law Enforcement Trust Fund
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 8 regarding Master Channel 27 Drainage
Improvements. Council Member McCutchon asked questions regarding the recommendation to
remove storm water from the water department and how the ditch improvements were funded. City
Manager Noe said the stormwater department will be discussed during the utility rate study and the
ditch improvements were funded in the Stormwater Capital Improvement Project. City Secretary
Chapa polled the Council for their votes as follows:
8. -MOTION I . 2007 -246
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract, Drainage and Utility Easement, and Temporary Construction Easement with Diaz
Capital Partnership, Ltd. and Nabil Emilday, Trustee in the amount of $175,0 plus $2,500
in closing costs; for Parcels 5A, 56, 50, 6A, 6B, and 6C; all out of Lots 22, 23, and 24,
Minutes — Regular Council Meeting
September 18, 2007 — Page
Section 20, Flour Bluff and En in l Farm and Garden Tracts; located on Brooke Road
between Airline Road and Rodd Field Road; necessary for the Master Channel 27 Drainage
Improvement Project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 10 regarding the sale of property for the Joe Fulton
International Trade Corridor Project. Council Member Kelly asked questions regarding the timetable
for the construction of the highway overpass and traffic control for the surrounding subdivision.
Assistant City Manager Massey provided the timetable for the phases of work and said staff would
discuss traffic control options with the Texas Department of Transportation. In response to Council
Member Leal, Director of Engineering Services Angel Escobar said there was no expense to the
City. City Secretary Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. O2741
Ordinance approving the sale of a .283 acre parcel of land located on the southside of
Interstate Highway 37 between McKinzie Road and Carbon Plant Road, to the Texas
Department of Transportation (TxDOT) for the amount of $3,538, necessary for TxDOT's
construction of a flyover road to the Joe Fulton International Trade Corridor; and authorizing
the City Manager or his designee to execute a Warranty Deed and other related documents
for the sale of the property.
An rrgry was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 12 regarding the closure of a utility easement in
the Don Patricio Subdivision. Council Member McCutchon asked questions regarding whether
Lynhurst Drive was a complete street: the affect of the closure to Lynhurst Drive and Woodcrest
Street; and the zoning for the area. Deputy Director of Development Services Johnny Perales said
Lynhurst Drive is considered a paper street and both streets would not be affected by the closure.
He added that the zoning for the area is "B-4". City Secretary Chapa polled the Council for their
votes as follows:
12. ORDINANCE NO. 027419
Ordinance abandoning and vacating a 2,952- square foot portion of a 1 --foot wide utility
easement out of Lots 17 -22 and Lots 31-36, Block 5, Don Patricio Subdivision, between
Flour Bluff Drive and Lynhurst Drive; requiring the owner, Mr. Louis K. Alty, d.b.a. G &L
Investments, to comply with the specified conditions.
An emergency w declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
* * ***alesic*sic * ale * *
Minute — Regular Council Meeting
September 18, 2007 — Page 6
Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0807 -02, Grace United Methodist Church: A change of zoning from a "R-1 Bk' One-
family Dwelling District to a "B -1" Neighborhood Business District on property described as
Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet
northeast of Leopard Street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a
church- related thrift shop subject to five conditions.
No one appeared in opposition to the zoning change. Mr. Eliondo made a motion to close
the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
16. ORDINANCE NO. 027422
Amending the Zoning Ordinance, upon application by Grace United Methodist Church, by
changing the zoning map in reference to Shell Poultry Acres, Block 8, Lot 6, from "R-1B"
B"
One - family Dwelling District to "RAMP" MP" one - family Dwelling District with a Special Permit
subject to five conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing
penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye "; Marez was absent.
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0807-03, Ryan McCarty: A change of zoning from an "1-2" Light Industrial District
to a "B" General Business District on property described as Whelan Tract Unit 4, Block 1,
Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37.
City Secretary Chapa stated that the Planning Commission and staff re ommended approval
of the "B-4" General Business District.
Council Member Martinez expressed concern regarding conflicting information provided by
the data systems used by Development Services and asked questions regarding the data systems
and a timeframe for integrating the systems. Faryce Goode -Macon provided a description of the
visual mapping system and the HTE narrative system. City Manager Noe said that Item 22 allowed
for the purchase of software to improve the Development Services Department.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded Ely Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minute — Regular C un it Meeting
September 18, 2007 — Page
17. ORDINANCE NO. 027423
Amending the Zoning Ordinance, upon application by Ryan McCarthy, by changing the
zoning map in reference to Whelan Tract Unit 4, Block 1, Lot 2, from "1 -2" Light- Industrial
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cut hon, and
Martinez, voting "Aye "; Marez was absent.
Mayor Garrett referred to Item 19 regarding the Water and Gas Rate Study Update. Tony
Bagwell, HDR Engineering, referred to a powerpoint presentation including the scope and status of
the project; water customer classification and existing customer groups; water use patterns;
adequacy of existing water customer classes; existing monthly minimum charge and meter ratios;
adequacy of existing rate structures; a graph of the water facilities used; water cost of service and
reallocation issues; gas utility financial performance; classification and existing gas utility customers;
gas use patterns; gas adequacy of existing rate structure; consumption blocks; adequacy of existing
customer classes; funding levels of rate stabilization; gas cost of service issues} gas utility financial
stability; and future a tion . City Manager Noe stated that the go l is to implement the rate study for
next fiscal year.
Council Members asked questions regarding the current cost for stormwater; the cost of
stormwater if expenses were shifted to in -city customers only; the current winter water average;
delays due to software conversion; purchase of gas adjustments; enabling the gas rate stabilization
fund; the difference between the HDR and Duncan & Associates reports on utility rates; the City's
profit for the sale of gas; natural gas vehicles; discussions with developers to provide gas in
subdivisions; marketing issues; and seasonal customers.
Mayor Garrett referred to Item 18 regarding the overview of the Unified Development Code
(UDC) Progress and Focus Group Review Update. City Manager Noe introduced Assistant City
Manager of Development Services Robert Nix. Michael Gunning, Special Assistant to Development
Services, referred to a powerpoint presentation including a background of the unified development
code; the seven focus groups established; the status of the Signs, Parks and Landscaping Groups;
the 2007 project timeline; and the list of groups still in progress.
David Loeb, Member of the Signs Focus Group, said the recommendations mendation of the group
include adding a sign maintenane provision; clarification of downtown signage; permitting; and
definitions.
Daiquiri Richard, Chair of the Parks Focus Group, provided a list of recommendations
including the Community Enrichment Fund; collection of fees; and a regional concept to have larger
parks that serve a greater area.
Rudy Garza, Chairman of the Landscaping Focus Group, said the group decided that the
current ordinance was good for the community and that the biggest challenge is code enforcement.
Mr. Garza said the re ommendations of the group include positioning and frequency of parking lots;
updating the plant list; water conservation; and compromise between the developer and the
environment.
Minutes — Regular Council Meeting
September 18, 2007 — Page 8
Council Member Kelly asked whether the committee incorporated the proposed landscaping
section of the UDC and if other groups supported the recommendations. Mr. Garza said the
proposed section of the UDC was discussed item by item and that groups did not support some of
the recommendations. Mr. Gunning stated that the group decided to focus their efforts on the
current landscaping ordinance and staff advised the group to bring some buffering techniques for
commercial and residential uses. He added that the landscaping group opted not to assist with the
buffering techniques so staff will be taking the recommendations from the UDC for screening,
landscaping, distance, and noise.
Mayor Garrett called a brief recess for proclamations and listen to public comment.
Mayor Garrett called for petitions from the audience. Edward Shannon, President of the
Fraternal Order of Police, spoke in opposition to negative comments regarding the police
department and said he believed that the command staff is leading the police department in the right
direction. Carolyn Moon, 4902 Calvin, spoke regarding the code enforcement of "bandit" signs. .J e
O'Brien, 4130 Pompano, spoke regarding the collection of funds from the adopted tax rate. Dusty
Partney, 1921 Stardust, spoke regarding police and firefighters as Corpus Christi heroes and
supporting the families of firefighters. Abel Alonzo, 1 701 Thames, spoke regarding making Corpus
Christi an all inclusive city. Carlos Perez, 2518 Isla Drive, said he enjoyed the taste of the City's
water. Gabe Lozano, Jr., 4602 Mokry Drive, spoke regarding the appointment of the marshal
rangers for the golf course.
Mayor Garrett returned to Item 18 regarding the overview of the Unified Development Cade
(UDC) Progress and Focus Group Review Update. Shannon Murphy, City Planner, provided an
update of the groups still in progress including the base zoning group, the infrastructure group and
the shared access r up. Ms. Murphy added that on e the a groups have completed their review,
the infrastructure group members and the chairs of the other groups will form the administrative
group that will be tasked with reviewing all of the administrative procedures of the UDC.
Council Member Martinez thanked the staff and volunteers for their efforts on the UDC and
spoke regarding the timeline for completion of the UDC and the internal procedures at Development
Services.
Mayor Garrett referred to Item 20 regarding the Water Trust Fund Update: Development
Outside City Limits. Deputy Director of Development Services Johnny Perales referred to a
powerpoint presentation including a review of platting ordinance definitions; platting ordinance
background; overview of conditions to be met prior to reimbursement; the water grid and arterial
transmission mains trust fund status as f August 23, 2007; a map of the proposed London Club
Estates, London Court Estates and Royal Oaks Development; anticipated trust fund impact; other
anticipated impacts of current policies and procedures; other considerations; short term options;
issues with short term options; and long term options.
Council members asked questions regarding whether the proposed development virs
outside the city limits; plat approval of proposed developments; the reasons the Royal Oaks plat was
rejected; the amount paid by developers to the water line; the creation of dead ends; possible
looping for the London Club Estates area; the water transmission mains in the proposed master
plan; the benefits of providing water outside the city limits; whether the proposal for London Club
Estates was for an oversized line and if it was required by the City; the developer for London School
and whether they paid platting fees; the City's investment; the City's obligation to allow developers to
Minutes — Regular Council Meeting
September 18, 2007 - Page 9
tie into the water system; the platting process; the timeframe to delay reimbursement; impact fees;
installation of fire hydrants; if there is a master plan for this area; the location of Rose Acres and
affects to this water line; the current balance in the water trust fund; the number of current
reimbursement agreements; zoning of the London area; and complying a list of proposed
developments.
Council members expressed concern that developers in the community deserve to know the
rules and intent of the council regarding growth including changing the policy to not allow trust funds
for development outside the city limits; infrastructure installed prior to receiving trust fund money;
and pulling ordinances to make necessary changes related to growth. City Manager Noe said the
short term solution is to first get the ordinances amended. He added that the City Council
Administration Committee will be reviewing impact fees and will make recommendations to the full
Council regarding when extensions and reimbursements occur.
Mayor Garrett opened discussion on Item 21 regarding an Arterial Transmission and Grid
Main Construction and Reimbursement Agreement for London Club Estates. Mr. Perales explained
that this agreement will provide for the installation of 4,951 linear feet of 16-inch PVC water main.
He added that the reimbursement is the construction cost less the applied credit for acreage fees.
Mayor Garrett called for comments from the audience. John Kelly, 3621 Austin Street, spoke
in opposition to approval of the agreement. Felix Ocafias, engireer for the subdivision, said the
subdivision was well designed, met all of the city's requirements, and that the City agreed to onnt
the London School water line to the subdivision. Jack Smith, Vice President of the Pistol and Rifle
Club, said their facility would have to be shut down if development continued. Murray Bass, Bass &
Welch Engineering, said the line would not be completely dead end and that he didn't believe that
the developer can run an 8 -inch line.
Council Members asked questions regarding a proposal and timeline to loop the area; cost
for creating a loop; whether the vote stopped the construction of the water line; the minimum line
requirement for the project to meet the code; reimbursement for a grid main; anticipated
development in the area; fees paid by developer; whether Council is required by ordinance to
approve the agreement; and the requirements for the transportation and comprehensive plan.
City Secretary Chapa polled the Council for their votes as follows:
21.a. FAILED
1 i it
■
The foregoing motion failed with the following vote: Garrett, Cooper, Elizondo, Kelly,
M Cut h n,�and Martinez, voting "No "; Hummell, Leal, and Marez were absent.
21.b. FAILED
a 5 i
Minutes — Regular Council Meeting
September 18, 2007 — Page 10
An emergency was declared, and the foregoing ordinance failed with the following vote:
Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "No "; Hummell, Leal, and
Marez were absent.
Mayor Garrett opened discussion on Item 22 regarding the expansion of the technology
system for Development Services. Sylvia Arispe, Development Services, and Interim Director of
Information Systems Connie Burns referred to a powerpoint presentation including the summary of
the request; department priorities; 1.T. Projects list; the Development Services key business areas;
customer expectations; technology tools need to serve customers; current and new modules;
technology benefits; funding requested; and an implementation schedule.
Council members asked questions regarding annual maintenance and the scanning of
pertinent documents.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
22.a. MOTION NO. 2007 -248
Motion authorizing the City Manager or his designee to authorize the purchase,
implementation, and first year maintenance of $37,710 from SunGard H.T.E., Inc., of Lake
Mary, Florida for the Planning and Zoning modules and G.I.S. Looking Glass modules in an
amount not to exceed $207 }665 based on sole source. These modules will provide
automated tracking and management of planning, zoning, and special services projects by
the Development Services Center.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummell and Marez were
absent.
22.b. IVIOTION NO. 2007 -249
Motion authorizing the City Manager or his designee to authorize the purchase of licenses,
consulting services, and first year maintenance of $1 ,499.25 from Vista Solutions Group,
Inc., of Round Rock, k, Texas to implement integration of the Visiflow Imaging system to the
SunGard H.T.E. Planning and Zoning module in an amount not to exceed $67,895 based on
sole source. This will allow Development Services Center to capture and store images
related to planning, zoning, and special services projects.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummel! and Marez were
absent.
Mayor Garrett opened discussion on Item 23 regarding an amendment to the Corpus Christi
Business and Job Development Corporation's (4A Board) Guidelines and Criteria for granting
business incentives. Assistant City Manager Oscar Martinez explained that this item approves
action taken by the 4A Board to incorporate the North American Industry Classification System
(NAILS) codes that clarify primary employers.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
September 18, 2007 -- Page 11
23. RESOLUTION NO. 027424
Resolution approving an amendment to the Corpus Christi Business and Job Development
Corporation's (CCBJDC) Guidelines and Criteria for granting business incentives to expand
the North American Industry Classification System (NAILS) codes included in the definition
of "Primary Employer ".
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye; Hummell and Marez were
absent.
Mayor Garrett called for the City Manager's report. City Manager Noe announced the
second public meeting on the proposed code armndmnt related to Packery Channel is scheduled
for September 19th from 7:00 p.m. to 9:00 p.m. at the Holiday Inn — Sunspree. Mr. Noe announced
the ribbon cutting ceremony for the Northwest Library Expansion project on Saturday, September 6th
at 11:00 a.m. at the Northwest Branch Library.
Mayor Garrett asked for a status on the hiring of an Airport Director and requested an
updated organizational chart. Mayor Garrett asked staff to keep the Council informed regarding the
opening of the Cefe Val n u la Municipal Landfill.
Mayor Garrett called for Council concerns and reports. Council Member Martinez spoke
regarding insufficient draining on the 4906 to 4930 block of Marion Circle and possible
improvements to the Greenwood Library, City /County Health Department and Greenwood Senior
Center in the 2008 Bond issue. Ms. Martinez congratulated Assistant City Manager Ron Massey and
the Wastewater Treatment Plant for receiving the Platinum Ten Award.
Council Member Cooper said the issues addressed at the town hall meeting on September
17th were the completion of the Bond 2004 project and the proposed Bond 2008 projects. Ms.
Cooper announced the next town hall meeting would be scheduled for October in District 4 with
Council Members McCutchon, H u mm l l and Martinez. Ms. Cooper congratulated the staff
members that attended the Building Equitable Communities Roundtable discussion in Indianapolis,
Indiana to help the community be more inclusive.
Council Member McCutchon provided an update on the water investigation from CPY and
said the City Council Ad Hoc Committee on Water Issues would convene when the report is
complete. Dr. McCutchon stated that the report from the police department showed that the highest
juvenile crime rate is located in the 78411 zip code. Dr. McCutchon addressed the concern of a
citizen regarding ADA compliance.
Council Member Leal asked for a status on the condition of the Gabe Lozano and Oso Golf
Courses. Ms. Leal asked staff to address the concern of a citizen regarding a stop sign on Prescott
Street and South Padre Island Drive. Ms. Leal thanked Director of Neighborhood Services Yvonne
Haag and staff f r their w rk in clearing Lots in District 3.
Council Member Elizondo thanked staff for attending the town hall meeting at Faye Webb
Elementary and asked staff for an update on the emails received regarding Cedar Pass Drive.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:17 p.m. . n September 18, 2007.
Minutes — Regular Council Meeting
September 18, 2007 — Page 12
2
a. COMMISSION ON CHILDREN AND YOUTH — Four (4) vacancies with terms to 5-
0 1 -08, 5-01-09, and 5-01-10 representing the following categories: 1- At Large, 1 — Law
Enforcement, 1 — Legal, and 1 — Sheriff's Office.
ice.
(Note: Staff is recommending that one of the vacancies (Sheriffs Office) be postponed
until the Sheriff's Office makes a recommendation.)
DUTIES: To support a comprehensive system of services and advance policies to meet
the needs of Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City
Council. One member shall be representative of each of the following fields: Health,
Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services,
Sheriff's Office, and the District Attorney's Office. One member shall be a youth
representative from 16 to 21 years of age at time of appointment. Each appointee shall
have demonstrated interest in the welfare of children or youth through occupation or
through association with community -based organizations. (On 1- -1.95, Council
approved the addition of a Police Officer to serve as an Advisory Member to be
appointed by the Police Chief.)
ORIGINAL
AL
MEMBERS TENTS A PTD# DATES
Vicky Alexander (Health), Vice Chair 5 -01 -09 2-12-02
Miles Toren (At Large) 5 -01 -09 9 -20 -05
*Amanda Stukenberg (At Large) 5 -01 -07 6-08-04
Aaron G. De La Gar a (Social Services) 5-01-08 - 1- 7
Sheri Phillabaum (Religion) 5 -01 -10 5 -17 -05
Laura Spear Smith (Business) 5-01-08 5- 17-05
Guy Nickelson (Youth Services) 5-01-09 11-08-05
Mary Jane Garza (Education) 5 -01 -10 6-13-06
Brian Silva (At Large) 5-01-08 12-12-06
***Pezmy Grochow (Law Enforcement), Chair 5-01-08 7-09-02
****Lauren Ranly (Legal) 5-01-09 -19-02
Caitlin Martin (Youth Rep.) 5-01-10 1-10-06
Rita Morales (D.A.'s Office) 5-01-09 9-12-06
***Capt. David Alaniz (Sheriff s Office) 5-01-07 1-16-07
Capt. Tim Wilson (Police Off.) Advisory 12-06-95
Dr. Philip Rhoades . Advisory 8-16-94
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
*** *Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ATTENDANCE RECORD of MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Amanda Stukenberg 10 9 90%
(At Large)
OTHER INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
David Berlanga
Vidal J. De La Cerda
Elisha R. Dickerson ITT
Rebecca Esparta
Self- employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board Representati
Michelle Jones
Lorenzo Knowles
Patrick Smith
J.D. Villarreal
Jonathan Wagner
Fran Willms
Independent Living Specialist- Relocation, Accessible
Communities - Coastal Bend Center for Independent Living.
Licensed as a Registered Nurse. Graduated from the Coastal
bend Advocacy Training and Partners in Policy. Current
Secretary of Accessible Communities of the Coastal Bend. (At
Large) (8-3-O6)
Tutor, National Housing Management Corporation. Retired
Army First Sergeant. Degree in Business Management and
Accounting. Recipient of the Jefferson Award. Activities
include: Council President for the Texas Youth Commission
Half Way House and Mayor Committee on School Drop -out
Rate. t Large) (9-17-07)
Programming Consultant, Robbins - Gioia. Received BA in
Applied Sciences from Texas A&M-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. (At Large)
(821-07)
Police Supervisor, Corpus Christi Independent School District
Police Department. Received Bachelor of Science from Texas
A &M University- Corpus Christi. Activities include: South Side
Little League. (Law Enforcement) (9-13-07)
Consultant, NeighborWorks America. Received MBA —
Business Management. Activities include: Secretary of
Homeless Issue Partnership and Chairman Elect of the Coastal
Bend Council of Governments Advisory board. Former
Administrator for Community Development rent for City of Corpus
Christi, 2003 -2006. (At Large) (5-29-07)
Attorney, Self-Employed. Received BSBA from University of
Arkansas, MBA from Texas A &M University- Corpus Christi,
and JD from St. Mary's University. Activities include: Corpus
Christi Bar Association, Coastal Bend Women Lawyer's
Association, and Past President of the YWCA. (Legal) (9-20-
07)
3
AGENDA MEMORANDUM
City Council Action Date: September 25, 2007
AGENDA ITEM:
ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY
WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS,
ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF X22,500 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS
FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER
SAMPLES; AND DECLARING AN EMERGENCY.
ISSUE: The Department of State Health Services DSHS has awarded a grant in the
amount of $22,500 to provide funding for laboratory services for the analysis of bay water
samples. The contract provides the Health District with financial assistance for expenses
to support the analyses of marine water for the Seafood Safety Division of DSHS. The
contract period is from September 1, 2007 through August 31, 2008.
REQUIRED E COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding F 6 7.
FUNDING: G: There is no match funding required.
CONCLUSION AND CO MENDATIO : Recommend City Council to accept the grant
and appropriate funding for laboratory services.
Annette R • s rigue , M.P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
The laboratory at the Corpus Christi-Nueces County Public Health District
("CCNCPHD")is certified by the Food and Drug Administration to perromi analyses of
marine water for the Seafood Safety Division of the DSHS. These analyses are
performed on marine samples procured by personnel employed by the Seafood Safety
Division from areas of active shellfish, primarily oyster, harvesting for commercial sales.
The resume of the laboratory analysis indicate whether or not levels of bacteria in the
water from which the oysters are harvested are within the limits of safety for human
consumption. For performing the analysis, the CCNCPHD laboratory will be paid $25.00
per sample under an annual contract that cannot exceed $22,500 in reimbursement.
No matching funds are required
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $22,50Q FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR
THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL
RELATED DOCUMENTS.
BE IT RESOLVED E 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 of
$22.500 from the Texas Department of State Health Services "DSHS" to provide
laboratory services for the analysis of bay water samples and to execute all related
documents. The samples to be tested are collected by DSHS personnel.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
}
APPROVED: September 17, 2007
Ell • • th R. Hundley
Assn ant City Attorney
for the City Attorney
EHres200. doe
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 ell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
AN ORDINANCE
APPROPRIATING IATING A GRANT of $22,500 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE IDE LABOF ATO Y SERVICES
FOR THE ANALYSIS OF BAY WATER SAMPLES; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE cm( COUNCIL OF THE CITY of CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $22,500 from the Texas Department of State Health Ser-
vices is appropriated in the No. 1066 Health Grants Fund to provide laboratory
services for the analysis of bay water samples.
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: ED: September 17, 2007
Eli z. • : th R. Hand ley
Assi - nt City Attorney
for the City Attorney
EHord214.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 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,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli and , Sr.
Mire Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCu ohon
DEPARTMENT STATE HEALTH SERVICES
This contract, number 2008- Q23219_ (Contract), is entered into by and between the Department
of State Health Services (DS HS or the Department), an agency the State of Texas, eas, and
CORPUS CC ISTI -T U G S COUNTY UB IC ALT JSTRICT CITY I (Contractor
a G v r rn t Entity„ (collectively, the Parties).
1. Pin__Ime of the Contract. DS HS agrees to purchase, and Contractor agrees to rev
. provide,
services or goods to the eligible populations as described in the Program Attachments.
2, Total Amount of the Contract and Payment M th rf s . The total amount of this
Contract
is $22 500.OQ and the payment method(s) shall be as spe i ied in the Program Attachments.
1 Funding Obligation. This Contract is contingent upon the continued availability f
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 rc riation
pp s 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.
g
4. Term of the Contra 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 artier
p have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authoritt. DS HS enters into this Contract under the authority of Health and Safety
Code,
Chapter 1001.
6. QQurnents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2008-023219-001 SEAFOOD & AQUATIC LIFE
c. General Provisions (Vendor)
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 art
p the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-
7. Conflictine 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. i. 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: 174 00 741027
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-NU CES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
Signature of Authorized Official
Date
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
By:
Signature
Date
Printed Name and Title
Address
1100 WEST 49TH STREET
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
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 25 2007
AGENDA ITEM:
ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT A GRANT OF 6241,637 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN,
ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO
YEARS OF AGE OR YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS.
ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF $241 ,637 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS
FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS,
AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR
YOUNGER; AND DECLARING AN EMERGENCY.
ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the
amount of $241,637 to provide funding for Immunization ation services. The contract provides
financial assistance to maintain an immunization program for children, adolescents, and
adults, with special emphasis on children two years of age or younger. The contract period
is from September 1, 2007 through August 31, 2008.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: council approved funding for FYo -o .
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: R commend Cfty council to accept the grant
and appropriate funding for continuation of immunization services.
Annette f odrigu z, M.P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
BACKGROUND: The DSHS has supported the Health District Immunizations Program
through grant funding for many years, The Immunizations Program of the Health District
has provided approximately 21,749 immunizations to 15,044 persons during the past year.
In addition to direct client services, the contract supports promotion of the need for
immunizations to the general public and the medical community, as well as surveillance
and investigation of vaccine - preventable diseases. It also enables the Health District to
provide audits of schools and day care centers to assist them in complying with State
requirements for immunization of children. No matching funds are required.
A RESOLUTION
AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $241,637 ROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM
FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL
EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER, AND
TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE cm(
COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
x s Department of State Health Services to provide an immuni-
zation �� from the T with .
adolescents, and adults, �+ ith special emphasis on children
�rograrx� for children, adobe
to years of or �
f age younger, and to execute ail related documents.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 17, 2007
s -i 4
Eliza'
, R. Hundley
Assis t City Attorney
for the City Attorney
Ellres199.doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of
2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli orido, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael Fill C tc on
AN ORDINANCE
APPROPRIATING A GRANT OF $241.637 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES 1N THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION
PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH
SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR
YOUNGER; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $241 ,637 from the Texas Department of State Health Ser-
vices is appropriated in the No. 1066 Health Grants Fund to provide an immunization
program for children, adolescents, and adults, with special emphasis on children two
years of age or younger.
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: September 17, 2007
41 4, a 10 Adkti th R. Hundley
Ass! ant City Attorney
for the City Attorney
Eliord213.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance final! y 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 H u rnmel l
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
DEPARTMENT F STATE HEALTH SERVICES
This contract, number 2008 - 023551 (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 CHRTSTI.1 UECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor),
a Governm t_ ntit , (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 Pa went Method s . The total amount of this Contract
is $241,6;37JiQ.. 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 ix ntr c ; The Contract consists of the following:
a. Core Contract (this document)
b. Program gram Attachments
2008- 023551 -001 IMMUNIZATION BRANCH - LOCALS
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.
7. Conflicting Terms. In the event of conflicti
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 re quisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI -NECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By: -
Signature of Authorized Official
Date.
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
BobsBumette@dshs.state.tx.us
92648 -1
By:
Signature
Date
Printed Name and Title
Address
City, State, Zi
5
AGENDA MEMORANDUM
City Council Action Date: September 25 2007
AGENDA ITEM:
ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ACCEPT A GRANT OF 5202,923 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO
EXECUTE ALL RELATED DOCUMENTS,
ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF X202,923 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS
FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN
EMERGENCY.
ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the
amount of $202,923 to provide funding for public health services. The contract provides
the Health District with financial assistance for expenses to support the provision of
essential public health services including disease investigation and surveillance, laboratory
services and environmental health services. The contract period is from September 1,
2007 through August 31, 200 8.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding F 6 .
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant
and appropriate funding for continuation of public health services.
_ _
Annette Rodriguez, M.P.H. -
Acting Director of Public Health
BACKGROUND INFORMATION
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 strengthen and improve local public health
infrastructure and to increase local jurisdiction's abiliti
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH
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 of
$202,923 from the Texas Department of State Health Services to provide essential
public health services and to execute all related documents. These grant funds provide
support for disease investigation and surveillance, laboratory, environmental health, and
community health education services.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 17, 2007
Eliza.- R. Hundley
Assis rat City Attorney
for the City Attorney
E Tres Ol.doo
Henry Garrett
Mayor
Corpus Christi, Texas
day of
, 2007
TO THE MEMBERS OF THE CITY COUNCJL
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 eetings:.I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
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
AN ORDINANCE
APPROPRIATING IATING A GRANT OF $202,923 FROM THE TEXAS
DEPARTMENT E T of STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC
HEALTH 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 $202,923 from the Texas Department artment of State Health Ser-
vices is appropriated in the No. 1066 Health Grants Fund to provide essential public
health 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 ordina c s'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
Zoo.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 17, 2007
iflr
Eliza h R. Hundley
Assi rt nt City Attorney
for the City Attorney
Eliord215.doc
Henry Garrett
Mayor
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: 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,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr,
Mike Hummel)
Bill Kelly
Priscilla a. Leal
John E. Marren
Nelda Martinez
Michael McCutchon
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2Q08- 024505 (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 CHRTSThNUECES COUNTY PUBLIC HEALTH DISTRICT CITE (Contractor),
a Government Entit (collectively, the Parties).
1. Purpse of the Contract. DSHS agrees to purchase, and Contractor agrees to rovide
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 this � amount of thi Coutret
is $202 923.00 and the payment method(s) shall be as specified in the Program Attachments.
3. n in b1i atfon. This Contract is contingent upon the continued availabili ty g , of fun 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 fundin g under this Contract.
4. 'Terre 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 p arties 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 Safet y Code,
Chapter 1001.
6. Documents Fornact. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2008- 024505 -001 RLSS-LOCAL PUBLIC LIC HEALTH SYSTEM
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. Con fllct kg jermE 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 ICT (CITY)
By: y.
Signature of Authorized Official Signature
Date
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Bumette@dshsastate.tx.us
Date
Printed Name and Title
Address
City, State, Zip
Telephone Number
E -mail Address for Official Correspondence
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 25, 2007
AGENDA ITEM: Authorizing City Manager or designee to execute a seven -month lease
with George Edwards, DBA G. Edwards Enterprises, to provide concession services at
Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course in exchange for
monthly payment of 13 of lessee's gross receipts; and declaring an emergency.
ISSUE: G. Edwards, concessionaire, has been operating at Gabe Lozano Sr. Golf Center
and Oso Beach Municipal Golf Course since April 2007. Mr. Edwards has requested a
change in his contract concerning the method determining his monthly payment to the City.
This charge requires Council approval.
REQUIRED COUi CIL ACTION: The City Council must approve all leases of city property.
PREVIOUS CO NCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
authorize the lease with G. Edwards Enterprises.
y Gavi , Dire or
Parks an ' Recreation Department
Attachments: Background Information
BACKGROUND INFORMATION
The City of Corpus Christi currently has a contract for the concessions at Gabe Lozano Sr.
Golf Center and Oso Beach Municipal Golf Course with G. Edwards Enterprises. Mr.
Edwards has been in the food and beverage industry for many years and has been
operating the City's municipal golf course concessions since April 2007.
The current G. Edwards Enterprises contract states that he pays the greater of $1,300 or
13% of gross receipts. After evaluating the first four months of operations, Mr. Edwards
has requested we base his contracted monthly payment based strictly on a percentage of
gross receipts, or 13 %. Staff agrees and is recommending the G. Edwards Enterprises
contract be amended and approved.
ORDINANCE
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A SEVEN-
MONTH LEASE WITH GEORGE EDWARDS, DBA G. EDWARDS
ENTERPRISES, { "LESSEE'), TO PROVIDE CONCESSION SERVICES AT
GABE LOZANO SR. GOLF CENTER AND OSO BEACH MUNICIPAL GOLF
COURSE IN EXCHANGE FOR MONTHLY PAYMENT OF 13 % OF
LESSEE'S GROSS RECEIPTS; AND DECLARING AN EMERGENCY
BE IT ORDA1NED BBY THE CITY COUNCIL OF THE CITY of CORPUS
CHRISTI, TEXAS.:
SECTION 1. That the City Manager or designee is authorized to execute a
seven -month lease and use agreement with George Edwards, dba G. Edwards
Enterprises for use of Gabe Lozano Sr. Golf Center and Oso Beach Municipal
Golf Course for food and beverage concessions, in exchange for monthly
payment of 13% of Lessee's gross receipts. A copy of the lease is attached.
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 Ci ty 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:
Armando Chapa
City Secretary
APPROVED: September 14, 2007
t.A.--;, A
Lisa Aguila
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 1 of 8
SEVEN MONTH LEASE WITH GEORGE EDWARDS, DBA G. EDWARDS
ENTERPRISES, TO PROVIDE E CO CESSIOI SERVICES AT GAGE LO AI O SR.
GOLF CENTER AND OSO BEACH MUNICIPAL GOLF COURSE
THE STATE OF TEXAS §
KNOW BY ALL THESE PRESENTS:
TS:
COUNTY OF NUECES §
This Lease (this "Lease") is entered into between the City of Corpus Christi, a Texas
home -ru.le municipal corporation ("City"), and George Edwards, dba G. Edwards
Enterprises of Nueces County, Texas (the "Concessionaire").
In consideration of the covenants, agreements and conditions herein contained, the City
and concessionaire agree as follows:
1. Term. The City leases the Premises described on the attached and incorporated
Exhibit "A" (Premises) to Concessionaire beginning August 1, 2007 and ending
February 21, 2008, unless sooner terminated.
2. Concession Rights. In consideration of the rent paid by the Concessionaire, and of
the covenants herein, City grants Concessionaire the exclusive right to use the
Premises, including the basic utilities at the Gabe Lozano Sr. Golf Center and Oso
Beach Municipal Golf Course to make direct sales to the public of food, drinks, and
beer.
Concessionaire may use vending machines to sell beverages, snacks, tobacco and
other merchandise customarily handled by a concessionaire. Concessionaire may use
a mobile concession on the golf course grounds with prior written approval from the
Director of Parks & Recreation or designee ("Director").
Director expressly retains the right to:
(1) Make final decisions on matters that may arise, not specifically covered in this
Lease, including the interpretation hereof.
(2) Sell space for either temporary or permanent signs.
(3) Approve the form, price, and price increase of products and services to be sold
and /or provided by Concessionaire. Disposable containers (paper or plastic)
suitable for consumption of the products on Premises immediately after the sale are
required and must meet Director's approval. Glass bottles are not permitted.
Concessionaire must not reuse a container after initial sale or use.
3. Location. Except for the supervision of the Director, Concessionaire has exclusive
control over the Premises subject to the terms, conditions, and covenants of this Lease.
4. Basic Utilities. Included as part of the monthly rental payment to City, City will
provide: Basic electrical services for lights, refrigerators, air conditioning, etc.; water
H:\ LEG -DIF \Jeannie \Lisa \Lease eorge EdwardsConcessn.6 rnonth.doo
Page 2 of
service; wastewater service; and garbage pickup. Concessionaire will be responsible
for additional electrical costs due to the installation of heavy utility equipment or
adjustments to payments to the City.
5. Concessionaire Responsibilities. The Concessionaire will be responsible to the
City as follows:
'I Concessionaire must furnish, install, service and maintain in good working order
all equipment, including cooking, dispensing, and cooling equipment, and supplies
required to properly execute this Lease. Vending machines remain the exclusive
property of the Concessionaire.
Concessionaire will operate the concession in accordance with all federal, state,
and local laws and all relevant rules and regulations that may be promulgated by
City Manager of the City of Corpus Christi, Texas or his designee ;city Manager").
(3) Insurance. Concessionaire must secure and maintain at Concessionaire's
expense during the term of this Lease, a Commercial General Liability insurance
policy with the limits and requirements shown on the attached and incorporated
Exhibit "B". The Certificate of Insurance must be sent to the Director and a copy to
City's Risk Manager and must provide 30 days written notice of cancellation, intent
to not renew or material change of any coverage required herein. Concessionaire
shall provide copies of all insurance policies to the Risk Manager upon City
Manager's written request.
(4) The food and drink will be dispensed by attendants furnished by the
Concessionaire at Concessionaire's expense. All employees who are involved in
the serving of alcoholic beverages must be certified through a TA BC approved
program. Concessionaire's minor cleanup duties will consist of keeping tables
clean, cleaning up spilled food and drink, frequent cleaning of windows, floors, walls,
and ceiling fans (if installed) and removal of trash from the Premises and the outside
area.
(5) Concessionaire will furnish all related supplies and condiments. Tables and
chairs in the service area are provided by the City.
Concessionaire will provide suitable signs at the facility advising the public that
Concessionaire is serving as an independent contractor.
The Concessionaire will immediately report, upon discovery, any vandalism or
malfunction o facilities to the Director (8263461) or Head Golf Pro (826-8016), and
an y problems relating to unlawful activity to the Police Department (826-2600) if non -
emergency or 911 for emergency response.
Concessionaire will establish good public relations and promote this concession
service to all citizens of Corpus Christi and its visitors. Hours of operation will
coincide with the Pro Shop hours or as approved by the Director.
H:1LE - DIR\JeanfielLi a \Lase eorge EdwardsConcessn.6 morith.do
Page 3 of 8
Director will approve the quality, quantity, and price schedule of all concession
merchandise. Selling price will exclude all applicable state and local sales tax. All
commissions or percentages paid to the City must be on basis of gross sales, less
sales tax and alcoholic beverage tax.
(10) Concessionaire will sell various sundry items i.e., aspirin, non - prescription
cold tablets, insect repellant, etc.). A list of such items being offered for sale and
their price must be approved by the Director prior to sale.
6. Monthly Payments; Late Payment Fee. Commencing with the month of final
Council approval, Concessionaire must, by the 10th day of each month, pay to the City
ant the Office of Collections the following: thirteen percent 13% of Concessionaire's
monthly Gross Receipts for the prior month for the Gabe Lozano Sr. Golf Center
concession; and thirteen percent (13%) of Concessionaire's monthly Gross Receipts for
the prior month, for the Oso Beach Municipal Golf Course concession. These payments
are for the life of this Lease, calculated on a monthly basis. For any payment not paid
by the 10th day of the month, Concessionaire shall pay, by the 10th day of the following
month, to the City at the Office of Collections a late payment fee equal to five (5%) per
dent of the late payment.
"Gross Receipts" mean Concessionaire's total revenue for concession merchandise
sold at the Premises excluding applicable sales tax and alcoholic beverage tax.
Concessionaire must file with the Director on or before the 10th day of each month a
monthly report of Gross Receipts, the report form being designed and supplied by the
Director of Finance or designee (Director of Finance"), as the same may be amended
from time to time. Concessionaire must submit to the Director a copy of all quarterly
sates and use tax reports. The Director of Finance will approve Concessionaire's
system of accounting for the Gross Receipts.
7. Books of Account. The Concessionaire must keep true and accurate records in a
format acceptable to the Director of Finance. The Director or Director of Finance may
audit Concessionaire's records of Gross Receipts and all pertinent records at a
reasonable time to determine their accuracy and Concessionaire's compliance with the
Lease terms.
If a monthly report of Gross Receipts understates Gross Receipts by 10% of the true
Gross Receipts, that monthly report is deemed to be knowingly and falsely furnished by
Concessionaire and is grounds for the City to immediately terminate this Lease.
8. Retention of Records. Concessionaire will retain permanent books, ledgers,
journal accounts, and backup documentation for five years after the termination or
expiration of this Lease and any holdover periods. Concessionaire must comply with all
federal, state, or local accounting rules.
Upon the Director's written request, the Concessionaire will prepare a report of its
operations under the Lease in a format acceptable to Director, and submit the report to
Director within 60 days of his written request thereof.
H:\LE -D I RkJeanniekLisakLeaseGeorge EdwardsConcessn.6 month.doc
Page 4 of
9. Audits. If an audit establishes that Concessionaire owes City more money,
Concessionaire must pay the additional money within 30 days after Director's written
demand thereof. If the audit establishes that Concessionaire has under reported Gross
Receipts by 2% or more, Concessionaire must pay all costs of the audit.
10. Other Food. Any allowances or adjustments for allowing other food or drinks on
the Premises must have prior approval from Concessionaire.
11. General Provisions.
(1) Concessionaire will not on the grounds of disability, sex, race, color, or national
origin, discriminate or permit discrimination against any person or group of persons
in any manner. The City Manager hereby reserves the right to take action as the
United States Government may direct to enforce this covenant.
(2) The Concessionaire will refrain from any unlawful employment practices and
comply with all lawfully adopted regulations related thereto.
(3) Concessionaire will furnish service on a fair, equal, and nondiscriminatory basis
to all users thereof, and will charge fair, reasonable, and nondiscriminatory prices for
each unit of service.
(4) Cancellation; Termination. Director retains the right at any time to cancel this
Lease without cause upon sixty (60) days written notice to Concessionaire. Director
may terminate this Lease with cause upon thirty (30) days written notice to
Concessionaire. The Concessionaire may terminate this Lease without cause if the
Concessionaire provides the Director sixty (60) days advance written notice.
Notices must be given in writing by sending by first class mail, postage prepaid, to
the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Parks and Recreation
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
(361) 880 -3461
(361) 880 --3864 fax -
IF TO CONCESSIONAIRE:
George Edwards
dba G. Edwards Enterprises
5115 Cosner Dr.
Corpus Christi, Texas 78415
(361) 814 -9919
or at any other address that each party may designate to the other in writing.
Concessionaire may not alter the Premises without prior written consent of the
Director. All alterations made by the Concessionaire become the property of the
City in fee simple, without any further action or process of law upon termination of
the Lease.
In any legal action undertaken by any party hereto to collect for any damages
growing out of or compensation due under this Lease, the prevailing party must be
H :l LEG- DIR\Jeanni \Lisa \Lease eorg Edwards onoessn. mnonth.doo
Page 5 of 8
reimbursed for all court costs and expenses and reasonable attorney's fees of not
less than ten percent 10% of the total amount of the judgment.
(7)Indemnity. To the extent permitted by Texas Law,
Concessionaire, its officers, members, partners, employees,
agents, and Licensees ("Indemnitors") hereby fully indemnify, save
and hold harmless the City of Corpus Christi, its officers,
employees, agents, licensees, and invitees ("Indemnitees") against
any and all liability, damage, loss, claims, demands and actions of
any nature whatsoever on account of personal injuries (including,
• without limitation on the foregoing, worker's 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 caused
by, or are claimed to arise out of or be in any manner connected
with, or caused by either proximately or remotely, wholly or in part,
an act or omission, negligence or misconduct by !ndemnitors or
!ndemnitees or any of Indemnitor's of Indemnitee 's agents,
servants, employees, contractors, patrons, guests, licensees, or
invitees entering upon the Premises pursuant to this Lease, or any
of the hazards commonly associated with the operation of a food
and beverage concession; or the violation by Indemnitees,
Concessionaire, or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees of any law,
ordinance, or governmental order of any kind, or improvements
Iocated on the Premises herein or out of the use or occupancy of
the improvements to the Premises or the Premises itself by
Indemn!tees, Concessionaire, its agents, servants, employees,
contractors, patrons, guests licensees, or invitees.
The terms of indemnification are effective even though said injury
or damage may result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees or any of
them. Concessionaire must at its own expense, investigate all
those claims and demands, attend to their settlement, or other
disposition, defend all actions based Thereon with counsel
satisfactory to Indemnitees and pay all charges of attorneys and all
other costs and expenses of any kind from any of said Iiability,
damage, loss, claims, demands, or actions.
HALEG-DIR‘Jeannie\Lisa\LeaseGeorge EdwardsConcessn.6 mnonth.doc
Pageof
Concessionaire must complete an incident/accident report for each incident/injury
that occurs on the Premises. Concessionaire must provide City with copy of all
incident/accident reports as they are completed.
(9) Concessionaire must submit a completed Disclosure of Interest Form as part of
this Lease.
10 Concessionaire agrees to pay the costs of newspaper publication of this
Lease and related ordinance as required by the City Charter.
11 Concessionaire covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes, and all other related taxes according to Circular E Employer's
Tax Guide, publication 15, as it may be amended. Concessionaire must provide
proof of payment of these taxes to Director within thirty (30) days after payment is
due upon Director's written request therefor. Failure to pay or provide proof of
payment will be grounds for immediate termination of this Lease and a penalty fee
may be added.
(12) The prior agreement between the parties dated March 5th 2007 is hereby
terminated and replaced with this Agreement.
H:ILE - DIRUeannielLi a \Lease eorge Edwards onces n. month.doo
Page 7 of 8
SIGNED this day of , ^ , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
APPROVED AS TO LEGAL FORM 10 September 2007
Lisa Aguilar
Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on _: 2007, by
George K. Noe, City Manager, or designee -- - - - - - --
- , of the City of Corpus Christi, a Texas home-rule
municipal corporation, on behalf of the corporation.
Seal:
Notary Public, State of Texas
My Commission Expires Notary's Printed Name
H: \LE - DIR\Je nnie \LisalLease eorg Edwards oncessn. month.doc
Page 8 of 8
CONCESSIONAIRE: George Edwards
By:
Nam ie./0K
Title: tL)dtP-'
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
George Edwards
ASA i
Nota Public, St to of Texas
...r 01- 11-
My Commission i io Expires
I#:1 LEG- DIF\Jeannie \Lisa \LeaseGeorge EdwardsConcessn.6 month.doc
Seal:
Notary's Printed Name
M ISABEL HUERTA
Notary Public
�� STATE OF TEXAS
ar My Comm. Exp. 07-11-2009
4
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: l /ire, 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
7
AGENDA MEMORANDUM
city council Action Date: September 25, 2007
SUBJECTS O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and
Motor Assembly Rehabilitation 2007.
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with Excel Pump and Machine Inc. of Corpus Christi, Texas, in the
amount of $324,708 for O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6
Pump and Motor Assembly Rehabilitation FY 2007.
ISSUE: The High Service Nos. 5 and 6 pumps and motor assemblies at the O.I. Stevens
Water Treatment Plant are the original pumps installed when the plant was built in 1954.
The pump and motor assemblies are beyond their serviceable life cycle and require major
rehabilitation.
The proposed construction contract provides for complete inspection, testing, disassembly,
cleaning, major overhaul, reassembly and retesting with all required documentation,
transportation to and from maintenance shops. During the testing and inspection, the level
of rehabilitation will be determined and authorized by the City and Engineer. A list of
potential repair actions was included in the contract bidding documents for competitive
pricing. These repairs will be issued under the allowance included as part of the project
award.
In August the O.N. Stevens Water Treatment Plant experienced critical levels of water
pressure with the loss of three pump and motor assemblies (Nos. 1, 5 and 6). The
condition presented a hazard to the public health and safety of the municipality's residents.
As a result, the decision was made to make immediate repairs to High service No. 1 pump
and motor assembly and to simultaneously advertise and competitively bid for the repairs
of High Service Nos. 5 & 6 pump and motor assemblies through the standard procurement
method. On August 24, 2007, an emergency was declared and corrective procedures
were immediately initiated to rehabilitate High Service No. 1, which should be complete by
the end of September.
FUNDING: Funds for this project are available from the FY 2007 -2008 Water Operational
Budget.
RECOMMENDATION: ENDATI ON: Staff recommends approval of the motion as presented.
at.•-eAiitl ; /07
1 R. Escobar, P.E.
!rector of Engineering Services
Additional support llll t rial:
Exhibit "A" Background Information
Exhibit "A -1" Additional Background
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
H:1H ME\LYNDA \ ENIWATER1 .N. Stevens Water Treatment PIant18 70 - ONS High Service Pumps 6 and eAgenda Memo.dac
BACKGROUND INFORMATION
SUBJECT: O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and
Motor Assembly Rehabilitation 2007 (Project No. 8570)
PROJECTDESCRIPTION: The proposed project consists of a total base bid, Additive
Alternate AA -1, and an allowance. The proposed work for the pump and motor assemblies
includes an initial site inspection and testing; remove and transport the motors to the repair
shop where they will be opened, inspected, reconditioned, reassembled and tested,
transported back to the treatment plant for installation, re- certification and testing with all
reports and documentation. During inspection and testing, determinations will be made for
the required repairs. A list of potential repairs is provided for each motor and pump
assembly for pricing by the contractor and the allowance below will be used to issue
specific repairs.
• Base Bid: For both High Service Nos. 5 & 6, the base bid provides for the specific
work above in addition to repair of the pump base, repair of the pump foundation,
inspection and testing of the motor; and submittal of the required documentation in
accordance with the plans, specifications and contract documents.
• Additive Alternate AA-1: Consists of the contractor providing written extended three
(3) year warranty for all materials provided and all labor associated with the repairs from
the date of final acceptance by the City.
• Allowance: The award of the contract will include a $200,000 allowance to execute
repair items. The list of potential repairs for each .
rnotorand purnpwas provided in the
construction documents for the contractor to competitive price during Upon
bidding. U
g p
determination and written approval from the engineer repair items will be authorized
and paid for under this allowance.
BID INFORMATION: The City received proposals from two bidders on September 12,
2007 (see Exhibit "B" Bid Tabulation). The contractors were given instructions in the bid
documents that City was specifically requesting bid prices for the Base Bid items, Additive
Alternate AA -1, and the list of potential repair items. The bid evaluation would be based on
the following:
1. Total Base Bid plus Repair Items - or -
2. Total Base Bid plus Repair Items plus Additive Alternate No. -1.
The bid documents additionally specified that the Repair Item bid prices were for
evaluation purposes and construction pricing. only the combination of Base Bid, Additive
Alternate and the Allowance would be used for the award. After inspection and testing
during the construction, written approval would be provided to implement repairs at the
pr1ce proposed. The Repair Items would be issued under the funding within the Allowance.
The bids ranged as follows:
H:IHOMEILY DAS1 ENlWATEM .N. Stevens Water Treatment Plan118570 - OHS High Service Pumps 5 and 81Agenda Background.doc
As explained above, the repair items listed on the proposal form are for bid evaluation
pricing purposes. The actual contract award would not include the specific Repair items,
but instead would be based on the following:
1. Total Base Bid plus the Allowance [$200,000] - or -
2. Total Base Bid plus the Allowance [$200,000] plus Additive Alternate No. AA -1.
A breakout of bids based on the proposed bid prices and allowance is as follows:
Total Base Bid
Repair Items
Total Base Bid Plus
Repair items Plus
Additive Alternate
AA -1
Excel Pump & Machine Inc.
$124,708.00
$243,700.00
$398,408.00
CD Electric
$245,000.00
$661 ,292M0
$
As explained above, the repair items listed on the proposal form are for bid evaluation
pricing purposes. The actual contract award would not include the specific Repair items,
but instead would be based on the following:
1. Total Base Bid plus the Allowance [$200,000] - or -
2. Total Base Bid plus the Allowance [$200,000] plus Additive Alternate No. AA -1.
A breakout of bids based on the proposed bid prices and allowance is as follows:
There is a significant difference in pricing between the two bidders. City Staff and the
consultant attribute this to the fact that Excel Pump & Machine Inc. has additional work on
other City projects including projects at ONS Water Treatment Plant. This is specialized
work and both contractors have substantial experience and proven performance with the
City. Therefore, the city's consultant, Patterson Engineers Inc., and City staff recommends
the construction contract be awarded to Excel Pump & Machine Inc. in the amount of
$324,708, which consists of the Total Base Bid plus the Allowance.
CONTRACT TEAMS: The construction project is estimated to require 100 calendar days,
with completion anticipated in February 2008.
PROJECT ECT ACS ND: High Service Nos. 5 and 6 pumps are the original pumps
installed when the O.N. Stevens Water Treatment Plant was built in 1954. They are located
at the end of the treatment process and pump treated water into the City's distribution
system while at the same time maintaining distribution system pressure in Pressure Zones
1 and 3. They also pump water into the transmission mains going to the Holly Road and
South Staples Pump Stations, which furnish water to Pressure Zones 2 and 4.
H;1HOME L NDAS1 EN\WATER1 .N. Stevens Water Treatment PIant\8 70 - ONS High Service Pumps 5 and 6 Agenda Dackground.doc
Total Base Bid
(No. 5 Motor & Pump and
No. 6 Motor & Pum •
Total Base Bid Plus
$200,000 Allowance
Excel Purr p & Machine Inc.
_
$124,708.00
$324,708.00
CD Electric
-
$245,000.00
$445,000EOO
There is a significant difference in pricing between the two bidders. City Staff and the
consultant attribute this to the fact that Excel Pump & Machine Inc. has additional work on
other City projects including projects at ONS Water Treatment Plant. This is specialized
work and both contractors have substantial experience and proven performance with the
City. Therefore, the city's consultant, Patterson Engineers Inc., and City staff recommends
the construction contract be awarded to Excel Pump & Machine Inc. in the amount of
$324,708, which consists of the Total Base Bid plus the Allowance.
CONTRACT TEAMS: The construction project is estimated to require 100 calendar days,
with completion anticipated in February 2008.
PROJECT ECT ACS ND: High Service Nos. 5 and 6 pumps are the original pumps
installed when the O.N. Stevens Water Treatment Plant was built in 1954. They are located
at the end of the treatment process and pump treated water into the City's distribution
system while at the same time maintaining distribution system pressure in Pressure Zones
1 and 3. They also pump water into the transmission mains going to the Holly Road and
South Staples Pump Stations, which furnish water to Pressure Zones 2 and 4.
H;1HOME L NDAS1 EN\WATER1 .N. Stevens Water Treatment PIant\8 70 - ONS High Service Pumps 5 and 6 Agenda Dackground.doc
ADDITIONAL AC KG F U I INFORMATION
SUBJECT: O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and
Motor Assembly Rehabilitation 2007 (Project No. 8570)
PRIOR COUNCIL ACTION:
1. July 24 2007 — Ordinance adopting the City of Corpus Christi Budget for the ensuing
fiscal year beginning August 1, 2007 to be filed with the County Clerk; appropriating
monies as provided in the budget and providing for severance. (Ordinance No. 027352)
!RIOR ADMINISTRATIVE ATI E ACTION:
1. March 6 2007 — Administrative a pproval of a Small NE Agreement with Patterson
Engineers, Inc. in the amount of $1 9,200 for the O.N. Stevens Water Treatment Plant
High Service No. 1 Pump Base Rehabilitation and High Service No. 6 Pump and Motor
Rehabilitation.
H:1H MElLY DA \ EMW TERIO.N. Stevens water Trealment Plant\8510 - ONS High Service Pumps 5 and 61Additionai Background.doc
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
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C D Electric
617 High Starr
Corpus Christi, TX 78408
_ TOTAL
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Excel Pump & Machine
P. 0. Box 10039
Corpus Christi, TX 78460
TOTAL
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O. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS, 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
1-
m
QUANTJ
DESCRIPTION !
HIGH SERVICE NO, 5 MOTOR REHAB
Perform Initial Site Inspection, Remove And Transport Motor To Shop,
Open And Inspect, Recondition And Test Motor, Transport To City
Facility, Test And Provide Report, Complete In Place Per Lump Sum •
4iGiiG �RVS4V!!!r `,rp 4kll � y�aa �luuaf cal 7\.i A ar4! 13.lw�■ Sr„ �YY „#,,,+ ■ ��+� �vkrv■ ■ � v .r�s�
Facility; Install Pump; Clean And Lubricate ShaflMotor Coupling;
Perform Test With Data Sheets; Complete In Place Per Lump Sum.
IIGH SERVICE NO. 5 PUMP AND MOTOR ASSY. REHAB
S5-P1)
:R I E NO. 5 MOTOR REHAB
ZAA1 fhn a RAM olio inrli rrIc I fnr nrii*irui ns trrsrmPc. rxnly ThP IIRACI far fhPCP! it
1 BID ITEM
Base Bid High Service No. 8
2
6
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617 High Starr
Corpus Christi, TX 78408
TOTAL
2,000.00
22,500.00
5.000.00
6,000.00
8,000.00
5,000.00
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45,000.00
500.00
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2,000.00
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.__2.500.00
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3,000.00
5,000.00
3,000.00
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20,000.00
00'000' I.
2,000.00
5,500.00
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Excel Pump & Machine
P. 0. Box 1O039
Corpus Christi, TX 7840
I - TOTAL
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00'000'
r1,500.00
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0
4,800.00
30,000.00
8,400.00
12,000.00
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4,000.00
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1,21 4.00
500.00
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2,400.00
15,000.00
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2,8030
4,000.00'
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4,000.00
0. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
- -_ PROJECT NO. 8570
BID ITEM 1 DESCRIPTION 1 QUANT � UNIT
REPAIR ITEMS FOR HIGH SERVICE NO. 5 PUMP REHAB
The following repair items HSP2 thru P23 are included for pricing purposes only. The need for these items will be determined by
actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under the
allowance established for this purpose (see SP A-4)
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Additional Cost To Straighten Shaft, each, Complete In Place Per Lump
Sum.
Additional Cost To Provide New Shaft, each, Complete In Place Per
each.
Additional Cost To Machine Wear Ring, each, Complete In Place Per
each.
Additional Cost To Provide New Wear Ring, each, Complete In Place
Per each.
Additional Cost To Machine Seal Chambers, Complete In Place Per
Lump Sum.
Additional Cost To Provide New Packing Follower, Complete In Place
Per Lurnp Sum.
Additional Cost To Machine and Repair Re- Useable Impeller, Complete
In Place Per each.
Provide New Impeller, Complete In Place Per each.
Provide New Shaft Guard, Complete In Place Per Lump Surn.
•
Provide Splash Guards, Complete In Place Per Lump Sum.
Provide Repair Of Vertical Pump Columns, Flange And Spyder,
Complete In Place Per each.
Provide New Vertical Pump Column, each. Complete In Place Per each.
Provide New Vertical Pump Shaft Coupling, each, Complete In Place
Per each.
Provide Repairs To Pump/Motor Coupling, Complete In Place Per Lump
Sum.
Provide new pump/motor coupling, Complete In Place Per Lump Sum.
Provide patching of existing grout, chase threads on anchors, provision
of new grout and shires, Complete In Place Per Lump Sum.
Provide repairs of base to cone corrosion by welding to the outside of the
cone, Complete In Place Per Lump Sum.
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617 High Starr
_ Corpus Christi, TX 78408
TOTAL 1
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244,000.00
275.000.00
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Excel Purnp & Machine
P. 0, Box 10039
Co5tus Christi, TX 78460
TOTAL
5,000.0,/
`
5,000.0A
5,000,00
J
s,000.00
103,810.00l
I
121,900.00
UNIT 1
5,000.00
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5,000.00
5,000.00
5,000.00
t
O. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
i-
QUANT 1
1 .
SUB- TOTAL REPAIR ITEMS FOR HIGH SERVICE N. 5 PUMP REHAB
(Bid Itern HS5-P2 thru P23)
SUB-TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 5 PUMP AND MOTOR AS Y. REHAB
(Biddltem H55-M2 thru M6 + HS5-P2 thru P23)
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Provide repairs to steel cone to base plate connection with 5116 *x5" wide
steel strip and painting, Complete In Place Per Lump Sum.
Provide repairs to structure and discharge line inside base cone, with
two 318" thick steel plates, welded in place, Complete In Place Per Lump
Sum. _ --
Provide removal of existing grout, repair of anchors, provision of new
grout per selected Option A or B, Complete In Place Per Lump Burn.
Provide setup and verify trueness of top motor flange and bottom and
side discharge flanges and reface as required, Complete In Place Per
Lumo Sum.
Provide machining of top and side discharge flanges as required to -1
complete Item H6-P22, Complete In Place Per Lump Sum.
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HS5 -P21
HS5-P22
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:lectric
)h Starr
sti, TX 78408
1 TOTAL 1
42,500.00
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3,000.00
3.000.001
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Excel Pump & Machine ,—
P. O. Box 10039
Corpus Christi, TX 78460
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O. N. STEVENS WATER TREATMENT PLANT
• HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
BID ITEM 1 DESCRIPTION 1 QUANT 1 UNIT 1
BASE BID HIGH SERVICE NO. 6
9
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..1
SUB -TOTAL BASE BID FOR HIGH SERVICE N. 6 PUMP AND MOTOR ASSY. REHAB
(Bid Item HS -M1 + Bid Item HS -P1)
REPAIR ITEMS FOR HIGH SERVICE NO. 6 MOTOR REHAB
The following repair items H-M2 thru M6 are included for pricing purposes only. The need for these items will be determined by
actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under
the allowance established for this purpose (see SP A-4)
1111
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SUB -TOTAL BASE BID FOR HIGH SERVICE N. 6 MOTOR REHAB
(Bid Item HS -M2 thru M6)
HIGH SERVICE NO. 6 MOTOR REHAB
Perform Initial Site Inspection, Remove And Transport Motor To Shop,
Open And Inspect, Recondition And Test Motor, Transport To City
Facility, Test And Provide Report, Complete In Place Per Lump Sure
HIGH SERVICE N. 6 PUMP REHAB
Remove Pump, Transport To Shop; Disassemble, Inspect; Record All
Dimensions; Complete Repair Recommendations; Clean All Parts -
Complete; Complete Pump Data Sheets T-1/T-5; Replace External
Fasteners; Reassemble Pump; Verify All Clearances - Provide New shaft
couplings, Provide new Bearings, Provide New Shaft Sleeves,
Lubricants; Provide New Packing /Seal, Provide New Gaskets; Clean,
sand blast, measure metal thickness at all heavily rusted locations
including cone to base weld, measure thickness of discharge line at
corroded areas inside the housing, review data with engineer, weld
closed small holes used to measure metal thickness, and Paint Pump
And Base including prime base bottom, remove old grout. repair
anchors, regrout as per selected Option A or B, Straighten, And
Reinstall All Guards; Transport To City Facility; Install Pump; Clean And
Lubricate Shaft/Motor Coupling; Perform Test With Data Sheets;
Complete In Place Per Lump Sum.
Additional Cost To Rewind Motor, Complete In Place Per Lump Sum,
Additional Cost To Machine Endbell For Drive End Bearing, Complete In
Place Per Lump Sum.
Additional Cost To Machine Endbell For Opposite Drive End Bearing.
Complete In Place Per Lump Sum.
Additional Cost To Provide New Sleeve Bearing As Applicable.
Complete In Place Per Lump Sum
Additional Cost To Machine Shaft, Complete In Place Per Lump Sum.
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ih Starr
TX 78408
TOTAL J
2,000.00
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5,000.00
6,000,00
8,000.00
-
5,000.00
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3,000.00
3,000.00
5,000.00
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Excel Pump & Machine
P. 0, Box 10039
Corpus Christi, TX 76400
TOTAL 1
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1,214.00
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0. N. STEVENS WATER TREATMENT PLANT
I--II H SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
C BIDITEM DESCRIPTION QUANT
REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP REHAB
The following repair items H -P2 thru P23 are included for pricing purposes only. The need for these items will be determined by
actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under the
!allowance established for this purpose (see SP A-4) -
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Additional Cost To Straighten Shaft, each. Complete in Place Per Lump
Sum.
Additional Cost To Provide New Shaft, each, Complete In Place Per
Each.
Additional Cost To Machine Wear Ring, each, Complete In Place Per
Each.
Additional Cost to Provide new Wear Ring, each, Complete In Place Per
Each.
Additional Cost To Machine Seal Chambers, Complete In Place Per
Lump Sum.
Additional Cost To Provide New Packing Follower, Complete In Place
Per Lump Sum.
NI*)
1
2
to
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0
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—
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TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS S CHRISTI, TEXAS
CU
0
CO
•0
C
TO
0
CP
0
r
0
r
ui
O -
M
0
0
LL
0
8
s
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O
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O
•N
Lii
ii
1-.
2
w
ce
z
an
n
an
Q
D Electric
617 High Starr
Corpus Christi, TX 78408
TOTAL
6
0
O
O
..' , x500.00
5,500.00
r288, 000.00
0
6 0
Cki
1—:
0
Q
O
0
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O
0
0
p0p
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Excel Pump & Machine
P. 0. Box 10039
Corpus Christi, TX 78460
_ TOT
C.
Q
a
pp
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o
,--
00'000'9
5,000.00
0
6
t.
0
i-
121,806.00
UNIT
5,000.00
0
0
O
0
O
Q
5,000.00
5,000.00
0. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
i
Z
M
9
co
�
SUB -TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP REHAB
(Bid Item HS6 -P2 thru P22)
I
QUANT 1
SUB -TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP AND MOTOR ASSY. REHAB
(Bid Item HS6 -M2 thru M6 + HS6 -P2 thru P22)
z
0
1-
a.
IX
U
LO
LU
0
Provide repairs to steel cone to base plate connection with 8116 1)(8" wide
,steel strip and painting, Complete In Place Per Lump Sum.
I I Provide repairs to structure and discharge line inside base cone, with
t /8" thick steel plates, welded in place, Complete In Place Per Lump
Sum.
'Provide setup and verify trueness of top motor flange and bottom and
side discharge flanges and reface as required, Complete In Place Per
Lump Sum.
Provide machining of top and side discharge flanges as required to
complete Item HS6 -P22, Complete In Place Per Lump Sure.
'W
.0
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,
:
2
:
HS6 -P22
1
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✓
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0
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2
6
kl.J
2
8
0
0
LU
F-
5
r
C D Electric
617 High Starr
Corpus Christi, TX 78408
TOTAL 1
0
0.
Q
0
CN
0
0
O
co
CO
00'000`906
t
M
1 20,000.00
Excel Pump & Machine
P. 0. Box 10039
Corpus Christi, TX 78460
TOTAL 1
0
O
O
0
0
S
368,408.00
398,408.00
H
z
z
30,000.00
0. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007
PROJECT NO. 8570
B1D ITEM DESCRIPTION QUA NT UNIT
ADDITIVE ALTERNATE AA -1
0
J
TOTAL BASE BID PLUS REPAIR ITEMS
(BID ITEMS H85-M1 +1-155-P1 + HS6-M1 + H 6-P1 + H55-M2 THRU M6 + HS5-P2 THRU P23 + 1156-M2 THRU M6 +1156-P2
THRU P22)
TOTAL BASE BID PLUS REPAIR ITEMS PLUS ADDITIVE ALTERNATE AA -1
(BID ITEMS I-155-M1 + H 5-P1 + HS6-M1 + HS6 -P1 + FIS5-M2 THRU M6 + HS5-P2 H 5-P2 THRU P23 + H56-M2 THRU M6 + HS6-P2
THRU P22 +AA -1)
r
Extended Warranty in accordance with Technical Specification T -1 —The
Contractor shall provide a written warranty for all materials provided and
all labor associated with the repairs for three (3) full years, from the date
of final acceptance by the City, complete and in place per Lump Sum.
1
1
O. N. STEVENS WATER TREATMENT T PLAIT
HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY
REHABILITATION 2007
FUNDS AVAILABLE:
[WaterOperafln Operatin9 Fund
FUNDS I E U F ED:
PROJECT BUDGET
September 25, 2007
Construction Cost Excel Pump & Machine Inc.)
Construction f'_nntin. AnriAe Contin encies
NE Consultants Patterson En • ineers Inc.
Construction Inspection
Engineerin g Reimbursements
ements
Finance Reimbursements
Incidental Expenses (Printing, Advertising, etc.
ESTIMATED
BUDGET
l$4.r4O2i3O49Q.
324
32,471.
19,200.00
12,988,00
7,823.00
3 247.00
1,867.00
402,304.001
[-EXHIBIT BIT "C"
Page 1 of 1
\Mproject councilexhibits\exh8570.dwg
O.N. STEVENS WATER
TREATMENT PLANT
13101 LEOPARD ST
IVER
Fit 624
FECES BAY
4
■
C.C.I. AIRPORT
LOCATION MAP
PVT TO SCALE
z
1
CORPUS
CHRISTI
BAY
PROJECT # 8570
PARTIAL PLAN VIEW
O.N. STEVENS WATER TREATMENT PLANT
NOT ro sruF
MINT 1311
O.N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NOS. 5 & 6 PUMP AND
MOTOR ASSEMBLY REHABILITATION 2007
(6 HIGH SERVICE PUMP BUILDING NO. 1)
cITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of
DATE: 09/14/2007
8
AGENDA MEMORANDUM
AGENDA ITEM:
September 25, 2007
A. Public hearing regarding South Guth Park land transfer to Texas A &M
University- Corpus Christi for university expansion.
B. A Resolution determining that there is no feasible and prudent alternative to
the using of South Guth Park by the Texas A &M University System for the
expansion of Texas A&M University- Corpus Christi campus and further
determining that all reasonable planning has occurred to minimize harm to South
Guth Park resulting from such use or taking.
ISSUE: The Ward Island campus of Texas A &M University- Corpus Christi is not sufficient for the
future needs of the University. City- owned property near the intersection of Ennis Joan Drive and
Nile Drive, including South Guth Park, is well situated to provide additional campus space for the
expansion of the University. Chapter 26 of the Texas Parks and Wildlife Code requires a public
hearing be held before park or recreational property is converted to a different use. Pursuant to the
Parks and Wildlife Code, notice of the public hearing was published in The Corpus Christi Caller-
Times on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13,
2007. At the public hearing, City Council is to consider all clearly enunciated local preferences
related to the proposed change in use of the park property. The proposed Resolution makes the
required findings, considering clearly enunciated local preferences, in order to convert the property
from park and recreational use to a higher education use.
REQUIRED COUNCIL ACTION: Adoption of the proposed resolution determining that there is
no feasible and prudent alternative to the using of South Guth Park by the Texas A &M
University System for the expansion of Texas A&M University-Corpus Christi campus and
further determining that all reasonable planning has occurred to minimize harm to South
Guth Park resulting from such use or taking.
RECOMMENDATION: Staff recommends approval of the proposed resolution.
Mary ' F
City A • rney
Attachment:
Exhibit
Diagram of property proposed for conveyance to Texas A &M
H:I LEG- DIR\Shared ary la enda\2OOr1 - IA9e fern SGuthPark.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Resolution
Texas A&M University-Corpus Christi has experienced growth that has occupied virtually all of the
developable land on Ward Island. The projections indicate that the University will continue to grow.
In order t accommodate the current and future needs of the University, additional land is required
for the expansion of facilities and the relocation of non-academic facilities to allow the highest and
best use of the limited land on Ward Island.
The University is a significant economic engine in the community. It is estimated that every 1,000
students at the University has a direct impa t of $23 million annually. The University has conducted
an extensive review of areas for potential campus expansion and found that the majority of the
adjacent areas have developed and are impractical for consideration for expansion. As a result, the
University desires to expand to land that is close to the present campus on Ward Island. City and
University staff have identified land that belongs to the City near the intersection of Ennis Jslin
Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone for the
Oso Wastewater Treatment Plant, and South Guth Park,
The City has been in discussions with the University over the land required for the expansion of the
University and staff believes that a conveyance of the land can be negotiated with the University,
while providing for the continued drainage of the watershed that utilizes the drainage way,
preserving the required buffer zone for the wastewater treatment plant, and providing new and
alternate athletic fields for the leagues that currently use the facilities at South Guth Park.
On August 21, 2007, City Council directed staff to provide notice of and schedule a public hearing
on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26.
Notice of the public hearing was published in The Corpus Christi Caller - Tulles on Thursday, August
30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007.. The public hearing is
scheduled to be conducted during the City Council meeting on September 2 , 2007. Section 26.001
of the Parks and Wildlife Code requires the City Council to consider clearly enunciated local
preferences and must find that there is no feasible and prudent alternative to the use of such land
and that the program or project (the conversion from park to college campus) includes all
reasonable planning to minimize a harm to the land, as a park, resulting from the use of the property
as a college campus.
The change of use will be contingent upon the recreational activities being relocated to other
suitable sites with new facilities. Any agreement with the University will allow the leagues to
continue use of the park facilities until the new facilities are completed and ready for league play.
The proposed resolution makes the required findings and determinations that no feasible and
prudent alternative exists to the conveyance of the South Guth Park property to the Texas A&M
University System for expansion of the Texas A &M University- Corpus Christi campus and finds and
determines that all reasonable planning has occurred for providing alternate sites and facilities for
the park and recreational uses at South Guth Park to minimize a the harm from the conveyance of the
property to the Texas A&M University System for the expansion of the Texas A&M University -
Corpus Christi campus.
It is anticipated that consideration of an agreement on conveyance of the property will be scheduled
for Council consideration in October, 2007.
H: LegDir /Sharedlgwslagenda/ 2007 /09- 25 /ResA &Magendamemoadd
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Page 1 of
A RESOLUTION
DETERMINING MINING THAT THERE IS NO FEASIBLE AND PRUDENT
ALTERNATIVE TO THE USING OF SOUTH GUTH PARK BY
THE TEXAS A&M UNIVERSITY SYSTEM FOR THE EXPANSION
OF TEXAS A&M UNIVERSITY-CORPUS CHRISTI CAMPUS AND
FURTHER DETERMINING THAT ALL REASONABLE PLANNING
HAS OCCURRED TO MINIMIZE IMIZ HARM TO SOUTH GUTH PARK
RESULTING FROM SUCH USE OR TAKING
WHEREAS, Texas A &M University- Corpus Christi (TAMU-CC) represents
significant asset to Corpus Christi and the region providing education and
research that benefits the State of Texas and TAMU -CC has established itself as
a world - class institution attracting students focally, regionally, nationally, and
internationally; and
WHEREAS, TAMU-CC -CC has become home to institutes such as the Conrad
Blucher Institute and the Harte Research h Institute for Gulf.of Mexico Studies and
because the benefits of research initiatives including the Early Childhood
Education Center and the PULSE! Project distinguish this area and support the
foundations for sustainable economic growth; and
WHEREAS, TAMU -CC has a significant economic it pa tion our community with
an estimated direct impact of $23 million annually for every 1000 students, and
WHEREAS, growth in enrollment and facilities at TAMU-CC will soon use up all
the available space on the current Ward Island Campus site precluding additional
growth and because the majority of adjacent areas have developed and are
impractical for consideration for expansion, and
WHEREAS, officials at TAMU-CC may have to cap enrollment if a site for
campus expansion cannot be identified and secured, and
WHEREAS, after extensive review of areas for potential campus expansion, the
Texas A &M University System has expressed interest in acquiring certain city -
owned property along Ennis Jos lin Drive, in the vicinity of Nile Drive, including
the property designated and used as South Guth Park, and
WHEREAS, research, education, and urban planning employed by TAMU -CC
supports sound ecological principles as demonstrated by the beauty and design
of the campus; and
WHEREAS, the City Council desires to further consider assisting the expansion
of the TAMU-CC campus; and
H:1 LEG -Dl \shared \Gary lagendal 00711 O- 1 Res - TAMU -G -S uthParl .doo
of 4
WHEREAS, Chapter 26 of the Parks & Wildlife Code requires the City Council to
public hearing to determine if a feasible and prudent alternative exists
hold
prior to taking or using ubli park for a non -park purpose, such public hearing
to the held after three weekly notices of the public hearing first published not less
than 30 days prior to the public hearing; and
notices of the public hearing were published on Thursday, August
30, 2007, WHEREAS, p
Thursday, September 6, 2007, and Thursday, September 13, 2007, in
The Corpus Christi Caller-Times; and
City Council held a public hearing to receive clearly enunciated local
WHEREAS, y p
preferences con ernin the conveyance of South Guth Park to the Texas A&M System for the expansion of the Texas A &M University-Corpus Christi
University p
campus and the plans for providing alternate sites and facilities for the park and
recreational uses at South Guth Park on September 25, 2007, at its regularly
scheduled Council meeting.
NOW, THEREFORE, BE IT RESOLVED ED BY THE CITY COUNCIL OF THE c1TY
OF CORPUS US CHRISTI, TEXAS:
SECTION 1. The facts set forth in the preamble of this Resolution are true.
SECTION 2. City That Cl Council followed the requirements of Chapter 26 of the
Parks & Wildlife Code to determine if there was a feasible and prudent alternative
of South Guth Park property for non -park purposes, in particular the
to the use o P p
conveyance of the park roe to the Texas A &M University System for the
onveyan� p property �
expansion of the Texas A &M University- Corpus Christi campus.
SECTION 3. That after conducting the public hearing the City Council
determined that there was no feasible and prudent alternative to the conveyance
of South p rop
Guth Park property to the Texas A &M University System for the
expansion of the Texas A&M l University- Corpus Christi campus.
SECTION 4. That after conducting the public hearing the City Council
that all reasonable planning has occurred for providing alternate sites
determined p
and facilities for the park and recreational uses at South Guth Park to minimize
a p
from the conveyance of South Guth Park to the Texas A &M University
the harm �
stem for the expansion of the Texas A &M University- Corpus Christi campus.
SECTION 5. That City Council considered clearly enunciated local preferences
in making the findings that justify the approval of conveyance of the South Guth
Park property
to the Texas A&M University System for the expansion of the
Texas A &M University- Corpus Christi campus.
I:\LE -D1 ERIS har d\ ar \ gendal O0 '1 O -91 Res -TAI 1U- -S UthPark.dO
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: September 18, 2007
ciL_
Gr Smith
Assistant City Attorney
For the City Attorney
Page 3o 4
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
HALEG-D1R\Shared\GaryMagenda‘2007\10-9‘Res-TAMU-CC-SGuthParicdoc
Page 4 of
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett Melody Cooper
Larry Bizondo, Sr.
Mike Hummell _ --
Bill Kelly
Priscilla G. Leal ,.
John . Marez
Nelda Martinez
Michael M C tohon
HAL -Di \ r,ar a \Gary lag nda1 o0 \10- 1 e -TAM - -s uthPark.da
9
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
September 25, 2007
AGENDA ITEM: Presentation on Broadway Wastewater Treatment Plant
Diversion Status
CITY STAFF PRESENTER(S):
Name
1. Ronald F. Massey
2. 'Angel R. Escobar
3. Foster Crowell
OUTSIDE PRESENTER(S):
Name
1. Govind Nadkarni
2. Dan Leyendecker
er
Title
Assistant City Manager
Director
Director
Title /Position
Consultant
Consultant
Dept/Division
Public Works
Engineering Services
Wastewater
ISSUE: This is a presentation in response to Council request for more information.
BACKGROUND:
On August 21, 2007, the City Council requested staff revisit existing Broadway Site and
compare to diversion to Greenwood Wastewater Treatment Plant
REQUIRED COUNCIL ACTION:
Directive to proceed with actions related to Council- preferred option.
Foster Crowell,
Director of Wastewater
,e s...„04, ,
ngel R. Escobar, P. E.,
Director of Engineering Services
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10
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation by the Human Relations Department on the City's ADA Title 11 Transition Plan
and the City's Non-Discrimination Ordinance.
STAFF PRESENTER {S }:
Name Title/Position Department
1. Leon Bazar Director Human Relations
ISSUE:
The City Council is to receive updates regarding the efforts made under the City's ADA Title
11 Transition Plan and the City's Non-Discrimination Ordinance.
BACKGROUND:
Please see attached
REQUIRED COUNCIL ACTION:
None at this time.
Additional Background XX
Exhibits ❑
Director of Human Relations
BACKGROUND INFORMATION
This overview presentation will provide Council with update information reflecting the
last 12 months of activity regarding the Human Relations Department's key initiatives
and responsibilities in ADA and Non-Discrimination and will include:
• Human Relations Department overview
• ADA Update
• Committee For Persons With Disabilities
• EEOC FEPA Employment Discrimination
• HUD/FHAP Fair Housing Discrimination
Human Relations Overview
The major responsibility of the Human Relations Department is to conduct and enforce
a positive program of Non-Discrimination in Employment, Fair Housing, and ADA
Accessibility and Public Accommodation.
The enforcement authority of this Non-Discrimination responsibility is defined under the
City of Corpus Christi Non-Discrimination Ordinance, title VII of the civil Rights Act,
HUD Fair Housing Act, and the Americans With Disabilities Act (ADA).
The department is accountable to the City of Corpus Christi as well as to the Equal
Employment Opportunity Commission under a FEPA (Fair Employment practices
Agency) contract, and to HUD under a FHAP (Fair Housing Administration Program)
contract.
ADA Update:
"Trash Pick -Up"
One of the most visible and utilized programs under the City's ADA initiatives is the
Trash Pick-Up service. Through this program, "back door' assistance is provided
upon request, at no charge, to citizens with a disability. Documentation must be
provided that the citizen is not physically capable of placing their trash at curbside and
that they have no other support to be able to do this.
A total of 260 citizens are currently receiving this service and 17 new requests were
processed during this reporting period. This program is a coordinated effort of the
Human Relations Department and Solid Waste Services.
ADA Update:
Accessibility Grievances/Public AccommodationslTechnical
Assistance
A. AppssibiIity_Qr-ivances are those concerns that may impact a path of travel for a
person with a disability. The City ADA Coordination (Director of Human Relations) and
department staff, (with the support of Engineering Services, Code Enforcement,
Development Services, and Parks and Recreation) investigate, determine resolution
and responsibility, and negotiate accessibility compliance.
During the period of August 1, 2006 to August 31, 200 7, thirty eight (38) accessibility
grievances were received and included :
• Missing or broken sidewalks /curb ramps
• Sidewalk obstructions (low hanging branches, vehicles on sidewalks,
etc.)
• Curb ramp to street transition
• Pedestrian signals (timing, non-working)
• Non-compliant ADA parking
B. Public Accommodation resolutions are intended to ensure that a person with a
disability has equal access to services, programs, and activities. Reaching resolution
requires staff site review, agreement, and timeline for resolution completion. All
businesses or other entities involved have been very cooperative and willing to make
accommodations as requested.
During this reporting period, 25 Public Accommodation complaints were addressed and
included:
• Accessible restrooms, entrance doors, path of travel, and airport
transportation with hotel
• Restroom door and Council Chambers "well" accessibility at City Hall
• Denial of entrance of person with disability at business
• Ramps and ADA parking at shopping strip
C. Technical Assistance reflects voluntary requests for technical information and site
assistance on ADA restrooms, ramps, parking, etc. 17 voluntary requests were
responded to during this reporting period and reflect a positive initiative from our
business community and other entities. Examples of this requested Technical
Assistance included:
• Citizen request for sidewalk repair requirements
• TV station request for ADA parking and entrances audit and
recommendations
• Day Care facility request for ADA playground equipment guidelines
• Apartment Manager request for ADA ramp guidelines
• Restaurant request for site review to identify ADA improvement
opportunities
D. Innovative and/or Proactive ADA Initiatives reflect the City's commitment to take
proactive initiatives to ensure accessibility within our facilities and programs.
Some of these included:
• Engineering began the utilization of a contractor that utilizes a "foam
lifting" process to level some sidewalks. Seventeen 1 applications
were successfully applied in the Downtown area and the first
residential application was on Waldron Road in Flour Bluff
• Engineering began the utilization of thermoplastic curb ramp
installation. This is a more cost effective and time- saving initiative
versus the traditional pavers.
• City pool wheelchairs lifts installations were completed
• Wheelchair lifts have been ordered for Marina use by "Sail Away"
program for persons with disabilities
• lerimam -Boby House at Heritage Park accessible entrance and
restroom enhancements have been completed
• Engineering is not permitting the use of diagonal curb ramps in City
curb ramp construction. This initiative benefits those with visual
impairments in crossing at intersections.
ADA Update:
Committee For Persons With Disabilities
The Committee For Persons With Disabilities is a City Council appointed advisory
committee composed of 9 community representatives and includes staff
representation from Engineering, Development Services, Parks & Recreation, and
Legal under the guidance of the Human Relations Department. This is a very
active committee and during this reporting period was involved in several key
initiatives that included:
• Assisted in implementing and reviewing the ADA Parking Volunteer
Monitor program with the Police Department and Municipal Court
• Assisting Human Resources in Job Description development program
to ensure that applicants with disabilities are not denied the
opportunity for employment with the City where applicable
• Assisting Engineering in project reviews and accessible elements of
such projects that have included Downtown, McGee Beach, Staples
Street, Weber Road, North Beach, etc.
• Hosted the statewide Barbara Jordan Media Awards event with the
Governor's Committee For People With Disabilities
• Prepared 2008 Bond recommendations regarding ADA accessible
route needs
• Represented by members on the UDC sub - committees
• Assisting Parks & Recreations in reviews of programs and outreach
(e.g., Latchkey, Program brochures, etc.)
Future focus of the Committee For Persons With Disabilities will include:
• Review and update of the City's ADA Transition Plan
• Recommendations on accessible housing design
• Continuance of Engineering project reviews
• Coordinate education opportunities with other entities supporting
persons with disabilities in our community
• Review and recommend inclusion of persons with disabilities in City
sponsored activities and programs
EEOCI FEPA Employment Discrimination
The Human Relations Department Compliance officers' investigative plan for EEOC
employment discrimination charges (and HUD Fair Housing discrimination
complaints) include request and review of related documents, witness interviews,
on -site visits, issuance of determination, mediate, and negotiate settlements and if
necessary, temporary restraining orders.
During this EEOC contract year (Oct. 1 to Sept. 30) , we have completed 88 case
closures and expect to achieve 96 by the end of the period. Our initial EEOC
contract was for 87 case closures.
Approximately 60% of charges allege Race discrimination and 25% allege
discrimination based on Sex. Other basis include National Origin, Religion, and
Retaliation discrimination.
We anticipate to complete 250 EEOC discrimination Charge Intakes by September
30, 2007.
In March 200 7, we partnered with NAACP, LILAC, and American G.I. forum in
presenting an Employments Rights Seminar that featured speakers from the
EEOC, TWC (Texas Workforce Commission), and the DOJ (Department of
Justice). Approximately 75 community leaders and citizens participated. We have
also provided 40+ training sessions within the City staff and community regarding
non - discrimination in the workplace.
In August, we were honored by the EEOC and presented a National Public Service
Award for our case resolution work and community outreach.
HUD 1 Fair Housing Discrimination
As a HUD FHA (Fair Housing Administration Program), we completed 32 Fair
Housing discrimination case closures during the HUD contract year (July 1 to
June 30). Approximately 60% of these charges allege Race discrimination and
25% allege discrimination based on disability. Other basis include National
Origin, Age, and Familial Status. We currently have 29 Fair Housing cases
under investigation.
In the Spring, we partnered with the COG in presenting an annual Fair Housing
Seminar. Over 100 attendees representing housing providers, advocacy
groups, financial institutions, and HUD representatives participated.
Human Relations
Department
*ADA Compliance
•Non - Discrimination
Ordinance
Annual Update
September 25, 2007
Update Presentation Outline
• Human Relations Department Overview
• ADA Update
• Committee For Persons With Disabilities
• EEOC 1 FEPA Employment Discrimination
• HUD FHAP Fair Housing Discrimination
City of Corpus Christi
1
Human Relations Department
Overview
• Conduct and enforce a positive program of Non-
Discrimination in employment, fair housing,
and ADA accessibility and public accommodation
• Enforcement defined under City of Corpus Christi
Non- Discrimination Ordinance, Title Vii of the Civil
Rights Act, HUD Fair Housing Act, and Americans
With Disabilities Act (ADA)
• Accountable to City, to Equal Employment
Opportunity Commission under FEPA (Fair Employ-
ment Practices Agency) contract, and to HUD under
FHAP (Fair Housing Administration Program)
contract
City of Corpus Christi
3
ADA Update
"Trash Pick -Up"
• Provides "back door" assistance at no extra
charge to citizens with disabilities upon
request and provision of disability
documentation. Coordinated effort
of Human Relations and Solid Waste
Departments.
Total of 260 citizens receiving this service.
23 new requests were processed during this
reporting period.
City of Corpus Christi
4
2
ADA Update
Accessibility G rievances/Pu blic
Accommodations/Technical
Assistance
• Accessibilty Grievances — concerns that may
impact a path of travel for a person with a
disability. City ADA Coordinator and staff,
(with support of Engineering Services, Code
Enforcement, Development Services, and
Parks & Recreation), investigate, determine
resolution and responsibility, and negotiate
accessibility compliance.
City of Corpus Christi
5
ADA Update
Accessibility Grievances/PubIic
Accommodations/Technical
Assistance
• 42 Accessibilty Grievances included;
- missing or broken sidewalks/curb ramps
sidewalk obstructions (low hanging
branches, vehicles on sidewalks,etc.)
- curb ramp to street transition
- pedestrian signals (timing, non - working)
- non compliant ADA parking
City of Corpus Christi
3
ADA Update
Accessibility Grievances/Public
Accommodations/Technical
Assistance
• Public Accommodation — ensuring that a
person with a disability has equal access to
services, programs, and activities. Requires
staff site review, agreement and timeline for
resolution completion.
City of Corpus Christi
6
ADA Complaints Under
Non - Discrimination Ordinance
Total of 20 Ordinance complaints or requests for Technical
Assistance based on disability for this period
1 (Place of Public Accommodation) involved a review of
the "swing" of restroom door potentially impeding a
person using a wheelchair
- 2 (Place of Public Accommodation) involved a hotel
regarding accessible restrooms, doors, path of travel,
and transportation.
- 4 for assistance for ADA trash pick up services.
for other sidewalk obstructions and accessible path of
travel issues — under investigation
- 5 requests for voluntary on -site ADA reviews or
technical assistance in ADA accessibility.
ity of Corpus Christi 7
4
Non - Discrimination ordinance
Hunan Relations Department also responsible for
enforcing non-discrimination applications relative
to employment, fair housing, and places of public
accommodation.
*Contractual funding agreements with the Equal
Employment Opportunity Commission EEOC and
the Department of Housing and Urban Development
(HUD) Fair Housing Act division.
City of Corpus Christi
8
i
Non-Discrimination Ordinance
Case Closure Requirements
• Compliance Officers' investigative plans for EEOC
and HUD Fair Housing include request and review
of related documents, witness interviews, on -site
visits, issue determination, mediate, and negotiate
settlements. Some cases may require issuance of
subpoena and temporary restraining orders.
One new Compliance Officer completed Advanced
Investigator training provided by EEOC.
City of Corpus Christi
9
5
Non- Discrimination Ordinance
EEOC Contract Summary
• 19 EEOC Employment yment discriminati n cases
resolved during this Quarter
▪ were No Fault Settlements resulting in
reinstatement, monetary settlement, neutral Letter
of Reference, and/or required Supervisor and
Employee Harassment and Non-Discrimination
training
*statute /Basis for Discrimination for 44 charges
received included:
* Race/National Origin 35%
* Sex 24%
* ADA 6 ° o
• Age 14 %
City of Corpus Christi
10
Non-Discrimination Ordinance
EEOC Outreach
• Coordinated meeting of Regional EEOC Director
with representatives of local minority organizations
•Coordinated Diversity recognition through monthly
proclamations recognizing Black History, Asian
Pacific Islander, Irish American, Women's History,
etc.
City of Corpus Christi
11
6
r
Non-Discrimination Ordinance
HUD Fair Housing Contract
• Closed two HUD Fair Housing cases this Quarter
Complaints included alleged discrimination based
on familial status and race and national origin in
setting different terms, conditions or privileges in
the rental of property.
•Expect increased education effort with support of
newly formed Fair Housing sub - committee under
Human Relations Commission
City of Corpus Christi
L
For more information:
City of Corpus Christi
Human Relations epart ent
ww .ccte as. om
(361) 880 -3190
TTY (361) 8444759
12
7
11
CITV COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of 4th Quarter FY 2006 -2007 Budgetl
Pefformance Report.
STAFF PRESENTER(S):
Name Title /Position Department _
1. Eddle Houlihan Asslstant Budget Director
ISSUE: The 4th Quarter Report for the period ended July 31, 2007 has been
completed and distributed to the City Council on September 21, 2007. The
report is now formally presented for Council Review.
REQUIRED COUNCIL ACTION: No formal action is required.
Ed.ie Houlihan
Assistant Budget Director
Power Point Presentation X
Exhibits o
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: , 9125107_
AGENDA ITEM: An ordinance amending the Code of Ordinances Chapter 31
Noise, by repeating the existing chapter and adopting a new Chapter 31 Noise;
providing for severance; providing for publication; and providing for penalties,
ISSUE: The ordinance requires updating so that noise issues may be better addressed
within the City code.
REQUIRED COUNCIL ACTION: Passing of the ordinance.
PREVIOUS COUNCIL ACTION: Ordinance section last updated in 1958.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance.
Bryan P. Smith
Chief of Police
Attachments:
• Ordinance
BACKGROUND INFORMATION
The City of Corpus Christi last addressed the noise ordinance in 1958. Since that time
there have been many changes in what types of noise the community experiences on a
daily basis. Updating the ordinance will address the outstanding issues that have been
raised by many citizens in the community.
The primary change to the ordinance will be the insertion of an allowable range for
noise measured it decibels that is received on a property. There is a distinction for
measurement between day time and night time and certain exceptions will apply for
activities such as operation of emergency vehicles, property maintenance like lawn
mowing, and activity otherwise regulated by state or federal government. The decibel
limits to be imposed by the City, basically 60 dB(A) during the day and 70 dB(A) at night
for sound received on residential property, fall in the middle of the range for limits
presently used by other cities.
The regulation of vibration and sound from vehicles will also be a new provision in the
ordinance. This is a common concern of many cities as sound from modem audio
equipment ent , engineered to be louder, becomes more prevalent in vehicles and has
been allowed to exist without any boundaries thus far.
Several Texas cities such as San Antonio, Laredo, Victoria, Austin, Grand Prairie, and
Houston have passed similar ordinances in the past.
For some perspective on measuring decibel levels, the attached page lists some
common sounds and their respective decibel levels.
"Your One Stop Shop for Plant Maintenance, Reliability, Test & Measurement"
vovw.reilabilitydirectstore.com
2911 South Shore
Bird. Suite 170, League City, TX USA 77 573 Phone: 281-291-957-5283 Fax: 281 -334 -4255
Sound Pressure Level Chart
Amplified Rock Musa - --11
dBA
Normal Conversat▪ ion m
.--.0 dBA
Bedroom of a Country Home
—30 dB A
Jet Taking of @ 60 m
—120 dBA
Tractor c 15 m
-.-."- dBA
Quiet Living Room-40 SBA
Sound and intensi is measured in decibels (dB). Our range of hearing starts at 0 dB and is
considered safe up to 70 dB. Over and above that level is hazardous and can result in
co �
permanent hearing damage.
Some facts about dB's d exposure atB.
• Auditory nerves can be permanently damaged from prolonge
• 120 dB can cause pain and ringing in the ear.
• Sharp ain and extensive destruction of the auditory nerves occurs at 140 dB.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
CHAPTER 31 NOISE, BY REPEALING THE EXISTING
CHAPTER AND ADOPTING A NEW CHAPTER 31 NOISE;
PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRIST!, TEXAS:
SECTION 1. That Chapter 31, Noise is amended by repealing the existing
Chapter 31 and adopting a new chapter, to read as foliows:
"CHAPTER 31- NOISE
Etc,./1-1. standards.
A-weighted sound level means the sound ress re levef in decibels as
measured on a spun • level m ` ter usin • the A -wei htin network. The level s
read is d si nated d (A or d A.
Noise nu s ? {= means irr tatin vfAxipu or disturbing sound
inatin ! from n - a • .r. s a under se • arate owner hi . wh'ch taus
init.' di comfort r distress of la person of reasonable nervous sensibilities or
,any sound , that exceeds the maximum permittedsound bevels eked in
subsection 31 -3.
LAresidentia! property shall mean any real Roe that i not included
in the definition of residential • ro • e as defined In this section. Without
limitation the term includes • ro
residents 1 •ro
devoted to
1
rties
ublic tu
ro
1
•1. �
•
erties that have been develo
•
ed other than as
erties that are undevel ed and • ro
•I
such as bIic streets and . arcs.
1
•
erties that are
Resider2ay shall neon any real . r • • e develo .ed and used for
human habitation that contains living facilities including, provisions for sleeping,.
ea tin cooin and sanitation unless such remises are actual! y occupied and
usec±orimarily for _purposes other than human habitation.
$ound !evel means the wei hied sound ress re level obtained by the use
of a sound level meter and f - suen v ei. him! network as soeci ed in American
National Standards Institute s • eccations for sound level meters. If the
fre
•
uenc
wee
•
htin em • to ed is not indicated the A- ei
•
1
htin shall a. .1
•
Sound level meter means an instrument which is used to measure sound
._ressure levels.
Sec. .. Noise nuisance enumeration.
a The followin • acts anon • others not hereinafter enumerated are declared
to be "none nuisances," and are unlawful and in violation of the, rovisions of this
division when such acts are done or accom dished or carried on in such a
manner or with such volume intensl or with continued duration so as to
ann, to distress., -fir to disturb the • uiet comfort or repose pf a person of
reasonable nervous sensibilities within the vicini or hearin * thereof or so as to
erg an er or ir're the # or heal h of h ms or annals or as to interfere
with the physical well being of humans or aninir r r i're
p@pmgif qr„real, prmaryi
al The - playing or permitting or causina the playing of any . , r i =
television drum 'ke box msi: 1 instrument sound amplifier or similar
�e which produces, re ro_du e , r amplifies sound.
2 The kee • it of an animal fowl or bird which makes fre uent •r
long, co tinued_nois
3 The contin ed or fr uent soundin of an horn or other si! al device
r arima tour o it r rah je, 11notorcy r other vehicle. except as
danger signal.
4 The disch - • e into the o • en air of the exhaust of - n steam en ! ne
stationary internal combustion engine, automobilp_njotorc, r cithp,r
motor vehicle or boat exce .t throu • h a • ro • erl installed muffler or other
device which
reverts loud or ex • losive noises therefrom.
(5) The crying, calling, or shouting. in person ry a mechanical device
or the use of an whistle rattle belt • o • cla ' • er hammer drum horn
buds
aver or
hon
ra , h ' h or without an am
life
r hand o an or
other devices or instruments. musical or othorwisq.
(6)Theraucoups shopting. whistling. yelling, iC irs _h otim_or crying of
Re!er,p, Pgwic&s, - vendor, or a other persons.
7 The create . n of an unreasonabl loud distur rn ! and nnecessa
noise on an
street or sidewalk ad'aent to an
schoo
h • • dal or court
which is in session.
sec. -3 Noise violation decibel readings.
a It shall be unla 1for a •erson to conduct •emlit allow or • roduce a
sgund that is discernable beyond the propertyIinesof the property on which the
sound is being produced that. when measured with s- sound level melpr using the
standardized ' uenc wei htin ! as s • eciled b the American Na tonal
Standards Institute, exceeds the applicable level 1stdbowjithe
propel on I h he -sotind is received:
(1) Seventy(70) d A betweent hours of :01 a.m. an d 10:00 p.m. ,
Sunda throu ! h Thursda and between the hours of 7:01 a.m. and 12:00
midnight on Friday and Saturday..
(2) Sixty ,60 -dB(A) between the hours of 1 0:01 p.m. and 8 :00 a.m.
Sunda throe' h Thursda and between the hours of 12:01 a.m. and 7:00
a.m. on Friday and Saturday and between the hours of 12:01 a.m. and
8:00 a.m. on Sunday.
3 Ei . h Fiv 85 dB A for sound that both on inates from and is
received on
ro • e within the Downtown Mana s ement District which is
thareabounded bby Lower Broadway. Interstate 37. Shoreline Boulevard
includin ' the marina areas and Kinne Street at all times.
(b) The levels set forth in this sectro apply to the property where the
sound is einn _received. n sound that when measured at the property where
the sound is bein ! received exceeds the dB level se forth in this section is a
violation f this chapter.
c An sound or i inatin from Qoie Perk shall not exceed seventy 7. cIB(A)
when measured from an ri ate roe .
ec. . Vibration
jhalI be unlavil for an arson to cate,naiptain or cause any ground „
or airb m - vibration which is erce title without instruments by a ' ers n at an
oint on an affect ro e adoinin he .ro. - in which the vibration
•
•
source 1, located unless such a M is otherwise
federal law.
1
fated u n • er state
sec. 3 -- . Vehicular mounted so d am Mead • n s - tems.
It shall be unlawful for ar___311 or controlling a motor vehicle
Lftther a public or private place wilhin the city to o aerate any sound am . irfier
hich is part of. or i nnected to. any radio, stereo receiver. _compact disc -pia er,
cassette player, or oth,r similar device in the motor vehi le. in c a manner
that, when_o erated is audi le at a distance of thf r r n rye feet from the
source or v rhn o crated apses a person to be aware of the vibrafion
a ..m . an in ! the s • and in an location outside e confines of the vehicle
emi : o the sound. nols , or vibratioi
r
Exceptions.
T# a cro ns pf this division shah not a l to:
La) The emission of sound for the o e of aiertin erson to an emergency:
or
(bJ Souqproducby erne enc vehicles: or
._ Sound ,produced by a vehicle motor with a prp erl ip$alted n of r while
the vehicle is movinsL on a public right-of-way. public watetway,a_jmort r riwa or
railway: g
d Sound • roduced b an ! overnmental bod in th - ' erf• rmance of a
rrmentI function. or
(0) Sound ener tecIedt.i1ecl s t a d i u m s edators and
a ici ants n the Grade rout- dur in _ ' :
..��. _ perm wade: b o tdoor
- -- -
celebration •articl 'ants s•onso - . or co- s•onsored b he of for the !enerai
veifare of the ubi is except for the - limitation in Sec. 31- c b • atrons and
artici _ ants using cannons and unflre dudn historical battle- reenactments for
rhich a rotech is ermit 'Its been obtained and the explosives have -been
inspected nd a roved b the fire marshal: by rotechnic dis la s that are
Lniected and a . rov d by the city fire marshal. shal. or
Sound !enerated from normal activities conducted on • ublic •la • rounds
and u lic or private schopjffouricis, included bu _not limited to school athletic
and school entertainment events. or
Sound • enerated b an a Ivy in which the re Walton thereof has been
preempted by state or federaLlaw1inctuding but not to sound rod aced
1py_aircrffilt,
h Sound ! enerated b the normal maintenance of
mowin
f
•
rovided he activiti take 1- ce from 7:
•
1
ro
e
such as lawn
0 a.m. to 8:00
. : or
1 Sound • rod ced b he .. ; ration of an air- conditionin
unit heat
1
UM
or
swimmin
70
1
•
ool machine
which does n
t • roduce a sound exceedin
seven
•
n
resid
ntial
•
ro
r
e or sev- n
75 • BA on non - resident
1 'ID
•
when measured at a distan_Qiejther_fift.eI (15) feeUrqrpthe , equipment
• rodcin • the sound or to the nearest exterior wall of a residential or • mmercial
buildin
nder se
arate owner hi s whichever distance is shorter or
Sound
• r. . uced
b construction o
erations inclu
in . demolition re ' air
drillin
xcavation and alteration Burin
the hours of 7:00 a.m. and 8:00 .rn
•
unless the work is of urgent necessity in the interest of - Du li health and safety,
Sec. 31-7. Method of noise measurement
Whenever ' croons of this cha • ter • rohibit noise over a certain decibel
limit, measurement of said noise shall be made with a decibel meter rrir, li
standards prescribed by the American National Standards Institute. Traffic.
aircraft and other trans . ortation noise sources and other bac • round noises shall
not be considered in takin
1
measurements exce
t where such back
1
round noise
interferes with the
rima
noise bein
measured. Measurements ma be taken
t
•
pint on ad
cent
5
ublic or
rivate
ro
•
e or on et her sid
of an
ad'acent
blic ri
ht-o -w = t or near the bounda
line of the
ro • where the noise is
generated.
§9sta0:4„Anivorcement and penalties.
a An •erson firm •r co •oration who violates an • rovision of this article is
gamy_ misdemeanor and upon conviction is punishable- - by a
in Section of the Code of Ordinances of the C' of Co . us Christi. Each act
of viola ion and each da
of violation is considered a se
on firm or co • or tion who obs ructs im
re • - sentative of the ci
with a re
arate violation,
edes or interferes with a
resentative of a
de . artmerit with
monitoring equipment, or with a person who has been ordered to abate a
situation ' ursuant to this artic and who is lawfuil en ! a ! ed in such abatement
is
•
ail
of a misdemeanor and u
on conviction is
1
unishable
b a fine
rovid
In section 1-6 of the Code of Ordinan s of the CI • of Co • us Christi.
Each act of violation and each day of violation is considered a separate violation.
In addition to • roceedin • under authori of subsections a and b of this
c
section, the city is entitled to pursue all other criminal and civil remedies to which
it is entitled under authority of statutes or other ordinances against a persons firm,
pr -ri that remains jn yiitin of this article.
Sec. 31-9. Identification of violator.
The •ersons res •onsible for violations of this article are identified as
follows:
(a) A resent. g he time of the offense, and
gai_guest or trespasser trespasser,vyith Ihe abfili to control level of noise at the time of
,offense when tio the time of the offers e.
nonLesidential p m . An busines_p_g&____„_linier o ra r manager,
errs to ire ch and aII eip___'sons in control l or in osse ion of the noise
r e r n e e r a instrument or pro a at I tyr B o l e offense.
At an location with an unattendqd noise r uiserk r+dcin machine
de*ctumntemimal orsombination of same. Anv person who *limp
unattended an hstrument, dice_animaI or any mbination of
same which thereafter comer - s . roducin noise in vi lation of this article."
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3 Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4 Penalties are as provided in Section 1-6 of the Code of
Ordinances.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper ... John E. tvlarez
Larry Elizondo, Sr.
Nelda Martinez
Mike ell Mike McGthon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel! Mike M Cut hon
Bill Kelly
PASSED AND APPROVED, this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Approved as to legal form 1'f 7 , 2007.
By:
Joseph Ham y
Assistant City Attorney
For City Attorney
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 25, 2007
AGENDA ITEM: Motion directing the City Manager to implement dues check -off
capabilities for non public safety city employees.
ISSUE: Pursuant to City Council Policy No. 16 (d), this item was placed on the agenda
after at least five members of the City Council confirmed their request with the office
of the City Secretary.
rge K. Noe
City Manager