HomeMy WebLinkAboutAgenda Packet City Council - 10/09/2007CITY COUNCIL AGENDA
OCTOBER 9, 2007
Corpus Christi
mI-America Cit]I
0
11:5 A.M. - "At Your Service" Award, City Staff` Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCILCHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
OCTOBER 9, 2007
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR LAJ PHONES AND SOUND ND ACTIVATED PAGERS ARE
PROHIBITED IN THE
CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
IVIembers of the audience will be provided an opportunity to address the Co n ll at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si s ed desea diri rise al Concilio y cree acre su ingl s es Iimi ad , habra un int rprele ingl s -espar l en todas las juntas
del Concilio pars ayudar!e.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City � Se ref ' office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
Trade.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to e given by Pastor Harvey Houston, First Church of God.
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 Tern Mike Hummell
Council Members:
_._.-
Melody Cooper
City Manager George K. Noe
Larry Elizondo, Sr. City Att rney Mary Kay Fischer
�
Bill belly
City Secretary Armando Chapa
Priscilla G. Leal
Michael M Cut hon
John E. Marez
Nelda Martinez
E. MINUTES:
1 A r‘nrrt.i I (If Foal liar MA Linn of S nthmber 25. 2007. (Attachment # 1
Agenda
Regular Council Meeting
October 9, 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Arts and Cultural Commission
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 di
Agenda
Regular Council Meeting
October 9, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
4. Motion approving a supply agreement with Pencco, Inc., of San
Felipe, Texas for approximately 81 6,000 gallons of ferrous sulfate
in accordance with Bid Invitation No. I- 0006 -08 based on only
bid for an estimated annual expenditure of $339,740 of which
$283,117 is budgeted in FY 2007 -2008. The term of the supply
agreement will be for twelve months with an option to extend for
up to two additional twelve -month periods subject to the approval
of the supplier and the City Manager or his designee. Funds
Pp
have been budgeted by the Wastewater Department in FY 2007-
2 8. (Attachment # 4)
5. Motion approving a supply agreement with Calabrian Corporation,
of Lisle, Illinois, for approximately 865,000 pounds of sodium
bisulfate solution for use at the wastewater treatment plants in
accordance with Bid Invitation No. B1-0225-07 based on low bid
for an estimated annual expenditure of $'162,620 of which
$135517 is required in FY 2007-2008. The term of the supply
agreement will be for twelve months with are option to extend for
up to two additional twelve -month periods subject to the approval
of the supplier and the City Manager or his designee. Funds
have been budgeted by the Wastewater Department in FY 2007-
2008. (Attachment ## 5)
8.a. Resolution authorizing the city Manager or his designee to accept
a grant in the amount of $80,580 and to execute a contract and
all related documents with the Texas State Library and Archives
Commission for the Loan Star Libraries Grant to be used as
follows: $25580 for books for the new Southside Library; $3,000
for a part-time archivist for the Central Library; and $2,000 for
archival supplies for the Central Library. (Attachment ## 6)
6.b. Ordinance appropriating a grant in the amount of $30,580 from
the Texas State Library and Archives Commission into the Library
Grants Fund No. 1068 to be used as follows; $25,580 for books
for the new Southside Library; $3,000 fora part - time archivist for
the Central Library; and $2,000 for archival supplies for the
Central Library. (Attachment ## 6)
7.a. Resolution authorizing the City Manager or his designee to
execute a Gift Agreement with the Friends of Corpus Christi
Public Libraries in the amount of $25,000 for improvements to the
Parkdale Branch Library. (Attachment ## 7)
Agenda
Regular Council Meeting
October 9, 2007
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7.b. Ordinance appropriating $29,13886 into the Library Capital
Improvement Program Fund No. 3210, Project No. 120095, for
improvements to the Parkdale Branch Library from the following
sources; $25,000 from the Friends of Corpus Christi Public
Libraries; and $4,1 38.86 from unappropriated interest earnings
from the Library Capital Improvement Program Fund No. 3210;
changing FY 200 6-2007 Capital Budget adopted by Ordinance
No. 02 997 to increase appropriations by $29,138.86.
(Attachment # 7)
8. Motion authorizing the City Manager or his designee to execute
a contract with Ricardo Ruiz (Artist) for the design, production,
installation, and purchase of a 6-foot high x 12 -foot wide mural,
in the amount of $8,550 as part of the Percent for Art Program
associated with the Parkdale Branch Library renovation project.
(Attachment ## 8)
9. Ordinance appropriating $20,000 from the Unreserved Fund
Balance in the Maintenance services Fund 5110 for roof repairs
at the Asian Cultures Museum ; changing Ordinance No. 027352
which adopted the FY 2007 -2008 Operating Budget to increase
appropriations by $20,000. (Attachment # 9)
10. Ordinance appropriating $'124,644 from the unreserved fund
balance No. 9010 Crime Control District Fund for the hiring of two
civilian positions, equipment, and supplies in the FY 2007-2008
Operating Budget; changing the FY 2007 -2008 Operating Budget
adopted by Ordinance No. 027352 by increasing appropriations
by $1 24,644. (Attachment # 10)
11. Resolution determining a public necessity to acquire fee simple
title to the surface estate only for a storm water drainage project,
known as the Master Channel 27 Drainage Project, on a tract of
land known as Parcel 16; and for a related Inundation and
Drainage Easement known as Parcel 16A; both out of Lot 21,
Section 26, Flour Bluff and Encinal Farm and Garden Tracts; from
the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L.
Oliver belong, and Bessie J. Oliver, Individually and as
Agenda
Regular Council Meeting
October 9, 2007
Page 5
CITE COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
community survivor for the estate of Charles D. Oliver, Jr.; for the
public purpose and use as a storm water drainage channel and
for other related purposes; and authorizing the City Manager and
the City Attorney to acquire the subject parcels by means of the
City's power of eminent domain. (Attachment # 11)
L PUBLIC HEARINGS: (NONE)
J.. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
12. Report by Chiang, Patel & Derby (CP&Y), Inc., related to the
Recent Public Water Quality issues (Attachment # 12)
13. Americans with Disabilities (ADA) Title 11 Transition Plan and Non-
Discrimination rimination ordinance Update (Attachment # 13)
14. Update on the Tole Lake Lift Bridge by the Port of Corpus Christi
Authority (Attachment # 14)
K. REGULAR AGENDA
CONSIDERATION SIDERATION of MOTIONS RESOLUTIONS AND ORDINANCES:
15. Motion approving the 2007 Tax Levy of $72,790,741.58 based on
the adopted tax rate of $0.563846 per $100 valuation, in
accordance with Section 26.09 (e) of the Texas Property Tax
Code. (Attachment # 15)
16. First Reading Ordinance - Amending the Code of Ordinances,
Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing
Sections 13-38 through 13 -45 and adopting new Sections 13-38
through 13-45; providing for an effective date; providing for
publication; and providing for penalties. (Attachment # 16)
17.a. Motion to amend prior -to second reading the Ordinance
amending the Code of Ordinances, Chapter 31 Noise, by
amending Section 31-6(i), by adding HVAC systems to the
definition and revising the noise measurement process for related
machinery. (Attachment # 17)
Agenda
Regular Council Meeting,
October 9, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
17.b. Second Reading Ordinance - Amending the Code of Ordinances
Chapter 31 Noise, by repealing the existing chapter and adopting
a new Chapter 31 Noise; providing for publication; and providing
for penalties. (First Reading 9/25/07) (Attachment # 17)
18. Resolution supporting the use of 128 acres adjacent to J. C.
Elliott Landfill by Nueces River Authority in partnership with
Coastal Bend Regional Parks Association for use as a regional
park. (Attachment # 18)
19. Motion authorizing the City Manager or his designee to execute
a construction contract in the amount of $790,547 with Van Fleet
Construction, of Kingsville, Texas for the Parkdale Library
Renovations Project for the Base Bid and Additive Alternate No.
1. (Attachment # 19)
20. Resolution authorizing the renaming of the Parkdale Branch
Public Library to the "Anita W.T. Neyland Public Library" as
recommended by the Library Board, upon completion of
improvements to the facility; and repealing Resolution No.
026129, which previously authorized the renaming of the
Parkdale Branch Public Library to the 'William T. Neyland Public
Library'. (Attachment # 20)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12 :00 P.M._ OR AT THE END OF THE
COUNCIL MEETING. 1 HIQ -IE Ef _IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL ICIL D# RING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR THE COUNCIL
CHAMBER, GI1 ING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si us ed se dirge a la junta y cree que su ingl s es limitado, ha bra un int rprete
ingl s -espar of en la reunion de la junta pare ayudarle.
Agenda
Reg lar Council Meeting
October 9, 2007
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summer
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, oR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, oR SHOW ANY
PERSONAL DISRESP C T FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, oR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City council specifically expects to go into executive
session on the following matters. in the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
21. Executive Session under Texas Government Code Section
551 .074, Personnel Matters, for deliberations on Municipal Court
Judges regarding appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal with possible
discussion and action related thereto in open session.
I. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by council for information or reports
from Staff; reports of activities of individual council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future council meetings and activities; and
other brief discussions regarding city-related matters.
22. CITY MANAGER'S REPORT
Upcoming Items
23. MAYOR'S UPDATE
24. COUNCIL AND THEl REPORTS
Agenda
Regular Council Meeting
October 9, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's offici I ulle in board at the front entrance
to City Hall, 1201 Leopard Street, at . 0 U p.m., October 5, 2007.
rrnando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 25, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel]
Council Members: City, y Staff:
Melody Cooper City Manager George K. Noe
Larry Elizondo, Sr. City Attorney Mary Kay Fischer
Bill Kelly City Secretary Armando Chapa
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Chaplain Lynne Blackier with Christus Spohn Memorial and
the Pledge of Allegiance to the United States flag was led by Council Member John Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of September
18, 2007. A motion was made and passed to approve the minutes as presented.
* * * * * * **
Mayor Garrett referred to Item 2 and the following board appointments were made:
Commission on Children and Youth
----- - - - - -- - - - - - - -- - - --
Amanda Stukenberg (Reappointed)
J.D. Villarreal (Appointed)
Fran v illy s (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 7). There were no
comments from the public. Council members requested that Items 6 and 7 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
3.a. RESOLUTION 1 0.027425
Resolution authorizing the City Manager or his 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.
The foregoing resolution was passed and approved withlhe following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
3.b. ORDINANCE NO. 02 42
Ordinance appropriating a grant of $22500 from the Texas Department of State Health
Services in the No. 1 066 Health Grants fund to provide laboratory services for the analysis of
bay water samples.
Minutes — Regular Council Meeting
September 25, 2007 — Page 2
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
4.a. RESOLUTION NO. Q274?7
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.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye,',
4.b. ORDINANCE NO. 027428
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
5.a. RESOLUTION_ !_ 1 .02742
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.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
5.b. ORDINANCE NO. 027430
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye ".
Mayor Garrett opened discussion on Item 6 regarding concession services at Gabe Lozano
Sr. Golf Course and Oso Beach Municipal Golf Course. In response to Council Members, Director of
Park and Recreation sally Gavlik said that the request for monthly payments strictly on a percentage
of gross receipts was because of low revenues due to the lack of golfers. City Secretary Chapa
polled the Council for their votes as follows:
Minutes -- Regular Council Meeting
September 25, 2007 — Page 3
6, ORDINANCE NO, 027431
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 13% of lessee's gross receipts.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, Il Cutch n, Marez, and
Martinez, voting "Aye ".
Mayor Garrett opened discussion on Item 7 regarding the 0.N. Stevens Water Treatment
Plant. Council Member Hummel) asked whether the original pumps should be replaced instead of
refurbished. Director of Engineering Angel Escobar said refurbishment is currently being conducted
to make the pumps and motors perform to their optimum and said eventually the pumps will be
replaced. City Secretary Chapa polled the Council for their votes as follows:
7. MOTION NO. 2007 -250
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 0,N.
Stevens Water Treatment Plant High Service Nos. 5 and 6 Pump and Motor Assembly
Rehabilitation FY 2007.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye ".
Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the
following public hearing:
8.a. Public hearing regarding South Guth Park land transfer to Texas A & M University— Corpus
Christi for university expansion.
City Attorney Mary Kay Fischer explained that the public hearing is required pursuant to the
Parks and Wildlife Code to allow the public to provide comments related to change in the use of the
park land.
Dr. Flavius Killebrew, President of Texas A & M University — Corpus Christi provided a brief
presentation regarding the expansion; the need for land in proximity to the university; the South Guth
site; and the economic impact to the City.
Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke
regarding the wording of the resolution; consideration of the city identified ballpark area; and
concurrence from the Texas A & M University System Board of Regents. Scott Elii f, 929 Driftwood
Place, spoke in support of the expansion and the impact of the university to the school district.
Johnny French 4417 Carlton St., spoke regarding the South Guth site, alternative sites, and the cost
of closing Nile street, Mr. French proposed that the City purchase alterative land to lease to the
university at the current annual tax rate plus revenue. James Murray, 6709 Pharaoh Drive and
President of the Pharaoh Valley Neighborhood Association* spoke regarding the neighborhood park,
the verbal assurances from the university and the city, and the neighborhood's concerns,
Minutes — Regular Council Meeting
September 25, 2007 — Page 4
Terry Puckett, 7206 Pharaoh Drive, expressed his concerns regarding student housing and
related support facilities on the proposed site. Marsha Grace, 7206 Sandpiper Circle, spoke in
opposition to the use of South Guth Park. Margaret Thorton, 6717 Pharaoh Drive, said she would
like the university to expand, but not at the expense of Pharaoh Valley residents. Ms. Thorton
expressed her concerns regarding site use and restrictions; traffic; the children's park replacement
and requiring the TAMU System to share in the costs for the replacement of fields. Sharon Yawn,
4600 Ocean Drive, provided her personal experiences as a university student and expressed her
support of the expansion.
Terry Carter, President Corpus Christi Chamber of Commerce, spoke in favor of the
university expansion and the impact to the City. Sean Murphy, 7722 Cedar Creek Circle, spoke in
support of the expansion, the opportunities for students; and the economic impact. Bob Batterson,
7114 Pharaoh Drive, spoke regarding the lack of a feasibility study and suggested wording for the
resolution to include homeowner participation. Ruben Bonilla, Port of Corpus Christi Authority,
spoke in supported of the expansion. Carolyn Moon, 4902 Calvin, spoke regarding student
enrollment caps and suggested that the university provide reduced fees and tuition for students that
graduate from Corpus Christi high schools. Abel Alonzo, 1701 Thames, spoke in support of the
university and the expansion concept.
Council members asked questions regarding the involvement of the Parks and Wildlife
Department; requirements for the public hearing; the penalties for not following statutory procedures;
the findings identified in the resolution; review of the determination that there is no feasible or
prudent alternative; the classification of a satellite campus; the distance of the alternate ballpark
from the current site; the amount of lard and cost for the alternate ballpark; the planning that has
occurred to minimize harm to South Guth Park; relocation site for the neighborhood park; whether
the university is subject to noise pollution; and the controls the City has over development once the
property is gifted. A brief discussion ensued regarding reasonable site standards and the
university's ability t operate as a single campus unit.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly. Mr. Chapa
polled the Council for their votes as follows:
8.b. RESOLUTION NO. _027432
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.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting `Aye ".
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 13 regarding the implementation of dues check -off
capabilities for non- public safety city employees. City Manager Noe announced that Item 13 was
placed on the agenda by the direction of five council members and said the motion would allow the
City Manager to implement a policy to enable dues check-off f r non - public safety city employees.
City Manager Noe added that the draft policies HR 35.0 Labor Organization Activities and HR 36.0
Payroll Deduction of Bona Fide Employees' Association Dues were provided in the City Manager's
report.
Minutes — Regular Council Meeting
September 25, 2007 — Page 5
Council members asked questions regarding the options to determine the amount for payroll
deduction; discontinuation of payroll deduction; if policies were in compliance with federal
regulations; and whether employees can strike.
Jesse Noyola, 4421 Bluefield, said there were changes in the draft that the association did
not agree upon regarding the dollar amount to be paid by City employees and the discontinuation of
payroll deduction. Mayor Garrett asked City Manager Noe to meet with Mr. Noyola to discuss the
differences with the policy.
Mayor Garrett called for a brief recess to read proclamations and listen to public comment.
Mayor Garrett called for petitions from the audience. Maureen C. Brooks, 1421 N. Alameda
Street, spoke regarding the growth and development of residential areas. Gloria McChester, 1222
Van Loan, spoke regarding noise in the Hillcrest community. Tammy Castillo, 5841 Sky Lark, spoke
regarding the safety of the water and the noise from cars and refineries. Bob Allegro thanked the
Council for their time and spoke regarding a proposal for a memorial project at Whitecap Beach.
* **t ** * * * * * *
Mayor Garrett returned to Item 13 regarding the implementation of dues check -off
capabilities for non-public safety city employees. City Manager Noe said that he met with Mr. Noyola
both parties were in agreement with the compliance of policies and changing HR 36.0, Section V.,
2.(f), by deleting the term dollar. City Secretary Chapa polled the Council for their votes as follows:
13. MOTION NO. 2007-251
Motion directing the City Manager to implement dues check -off capabilities for non - public
safety city employees.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and {Martinez, voting "Aye "; Hummell and McCutchon voting
No".
Mayor Garrett opened discussion on Item 12 regarding the noise ordinance. City Manager
Noe said staff has provided a substitute ordinance for consideration. Police Chief Bryan Smith
provided a brief overview of the noise ordinance including the creation of an entertainment district;
allowable ranges for noise measured in decibels generated and received during certain time
periods; and exceptions to the ordinance.
Council members asked questions regarding whether Cole Park was included in the
entertainment district; enforcement for unacceptable use of vulgar language; noise from vehicles;
decibel levels in Austin; provisions for repeat offenders; if other cities have noise issues; whether the
ordinance is accepted by the music venues; the exceptions of musical instruments for school bands;
mitigation of sound; monitoring of enforcement standards; how to determine decibel levels and
where someone can purchase a monitoring device; notification for individuals moving into the
entertainment district; whether Concrete Street has experimented with reducing sound levels; and
the frequency of concerts at Concrete street.
Mayor Garrett called for comments from the audience. Carolyn Moon, 4902 Calvin, said the
noise ordinance is a good idea and proposed the idea of planting cedar trees between Concrete
Street and the neighborhood. Bill Stalter, 3445 Floyd, expressed concerns for existing facilities and
Minutes — Regular Council Meeting
September 25, 2007 — Page
measurement limits. Joan Veith, 5701 Cain Drive, thanked Chief Smith and staff for working on the
noise problem and spoke regarding the sound from boom boxes in vehicles. Henry Williams, 2422
Summer Street, expressed concern for residents in the northside area and spoke regarding the
problems with vulgarity and noise. He encouraged the Council to seek to protect the people and
look out for the best interest for those in the community. Randy Newman, 1001 Blucher Street,
spoke regarding the decibel levels in the entertainment district.
Maureen Brooks, N. Alameda, expressed concern for the children near Concrete Street
because of foul language and loss of hearing due to noise exposure. Sid Gardner, 1634 Boisdarc
Place, thanked representatives for working to find a reasonable solution to the noise. Errol
Summerlin, Texas Rio Grande Legal Aid and representative for the Hillcrest Residents Association,
said that Concrete Street moved into the neighborhood and did not make the people aware of their
plans. Mr. Summerlin also spoke regarding the entertainment district and enforcement.
Bill Durrill, 210 Del Mar, spoke regarding the decibel limitations for Concrete Street; the
proposed entertainment district; and noise mitigation efforts to redirect sound from the Hillcrest
neighborhood. Mr. Durrill said Concrete Street would look closer at the types of acts that are
booked to prevent the use of foul language and will provide internal warning. In response to Council
Member McCutchon, Henry Williams said the neighborhood could compromise where sound is
concerned but not regarding vulgar or obscene Language.
Daniel Pena, 2813 Holgreen, spoke regarding the decibel volume at Concrete Street and
enforcement. Tracey Smith, 211 N. Chorizo, spoke regarding the compromise for the noise
ordinance but stated she was not aware of the 85 decibel level extended to the entertainment zone.
Mark Schaper, Director of Concrete Street, spoke regarding the designation of the entertainment
district, the qualities and economic impact of Concrete Street, guidelines for enforcement; the base
line noise levels in different areas in the city; and their review of standard needs and how it affects
the neighborhood and business.
.Joel Mumphord, 6212 Hidden Cove, spoke regarding a time limit for decibel readings in the
entertainment district and the layout of Concrete Street. Mr. Mumphord said he does not support a
compromise. Tommy Douglas asked for a clarification of the decibel levels in residential areas and
thanked the council and staff for striving to bring peace and joy back to the Hillcrest neighborhood.
James Daitay, 1 Dailay, 1519 Peabody Street, said he was concerned for the elderly people in the community
and the use of vulgar language. Abel Alonzo, 1701 Thames, thanked council members for their
support of the northside area and said the noise ordinance will be a work in progress. Tim Browley,
374 Meldo Park, spoke in support of the noise ordinance and asked staff to consider one- time
special permit fees for outside venues. John Kelly, 413 Waco, asked the Council to consider the
children in the neighbor and said the compromise on the noise ordinance is unenforceable.
Mr. Kelly made a motion to substitute the ordinance, seconded by Mr. Marez and passed.
City Secretary Chapa polled the Council for their votes as follows:
12. FIRST READING ORDINANCE
Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing chapter and
adopting a new Chapter 31 Noise; providing for publication; and providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye ".
Minutes — Regular Council Meeting
September 25, 2007 - Page
* * * * * * * * * * * * *
City Manager Noe announced that Item 10 would be rescheduled and Item 11 will be
provided in a written report.
Mayor Garrett referred to Item 9 regarding the Broadway Wastewater Treatment Plant
Diversion Status. Director of Engineering Angel Escobar introduced the presentation team:
Assistant City Manager Ikon Massey; Director of Wastewater Foster Crowell; and consultants
Govind Nadkarni, Dan Leyendecker and Mark Maroney.
Mr. Escobar referred to a powerpoint presentation on the history of Council Directives from
March 18, 1 997 to August 21, 2007 including the 1 997 Oso-Greenwood Implementation Plan,
amending the 1997 plan to consider construction of a new plant at the Broadway Site or in the
Industrial Area along the Ship Channel; a schematic of Broadway to Greenwood Transfer; a
diversion comparison; sites selected for the new plant in the Industrial Area; recommendations from
the Hillcrest Area Residents; the evaluation of new potential plant sites; overall site location map;
sites eliminated after preliminary screening from detail evaluation; resultant evaluation site location
maps for Sites 2A, 3, 4, 5, 6, 7, 8, and 12; a chart of construction for sites; directive to proceed with
preliminary negotiations with Flint Hills and Citgo; a list of scheduled meetings; Citgo /Flint Hills cost
evaluation and site matrix; directive to purchase Flint Hills Tank Farm Site; recent activity; and
council's request to review and compare costs of constructing Citgo Site (site 3), Flint Hills Site (site
4); existing Broadway Site (Site 12); and diversion to Greenwood (site 13).
Council members asked questions regarding the plant that handles waste north of the Ship
Channel; if flow can be reversed if plant is built north of the Ship Channel; the number of acres
needed for the plant; the depth of the 16 inch pipes under the Port; the location of the lines on the
Ship Channel; the possibility of borrowing land for rebuilding Broadway Plant; the easement needed
and cost to make the buffer at Broadway Plant; estimated life of the current system; the reasons for
the higher costs to build the Greenwood plant; elevation costs for the Greenwood property; the odor
impact at Greenwood; whether Sites 3, 4 or 12 would increase effluent into the Ship Channel; the
odor impact of Sites 3, 4 or 12 compared to existing plant; health issues for northside residents;
discharge from treatment plants; the twin force main cost comparison; the original cost for diversion;
the construction costs for Sites 12 and 13; staffs recommendation; communication with Flint Hills;
the northside residents' response to Flint Hills site; the problems with creating a new facility on
existing site; consideration of increased costs for maintenance and repairs at Broadway; use of
existing equipment at Broadway; reasons for running two twin force mains; the residential areas in
proximity to the Citgo site; and the consideration of biological treatment.
Council Member Martinez asked staff to provide the rating scores for the site selection matrix
for the existing expansion of the Broadway plant and the Greenwood site. Council Member Marez
asked staff to consider providing the matrix at an even based scale, Council Member Hummell
asked staff to provide an analysis to determine the number of families occupying homes and their
proximity to the Citgo site versus the current Broadway site. Council Member McCutchon asked
staff to provide information for the potential of constructing an environmentally friendly treatment
plant.
Henry Williams, 2422 Summer, stated that the Hillcrest residents feel that the Citgo site is
too close to the residential area In response to Council Member Hummell, Mr. Williams said the
residents do not have a problem with the Broadway plant because it has existed for years in that
location. Errol Summerlin, representative for the Hillcrest area, said the Hillcrest Neighborhood
Association's position is to protect the neighborhoods bounded by lueces Bay Boulevard and the
Harbor Bridge.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
September 25, 2007 - Page 8
Mayor Garrett called for the City Tanager's report. City Manager Noe announced the Capital
Improvement Program workshop is scheduled for October 16th at 8 :00 am.
Mayor Garrett called for Council concerns and reports. Council Member Cooper asked for
an update on the implementation of the WiFi project. Ms. Cooper announced the next town hall
meeting is scheduled for October 15th at Montclair Elementary School at 6 :00 p.m.
Council Member Leal asked for an update on the status of the O.T. Stevens Water
Treatment Plant Chlorine Evaporator Replacement Project. Ms. Leal thanked Roland Garza for his
working to provide dues check -off for city employees and thanked the Council for giving city
employees the choice for representation. Ms. Leal also thanked staff for fixing the potholes at the T-
Heads and all city employees for their work.
Council Member l--Rummell said there is a church interested in acquiring a cul-de-sac on
Crane Street at G llihar and Carroll Lane. He asked staff to determine if the city has any use for
that area. Mr. Hummell asked questions regarding alternate options for pursuing the project at
London Club Estates.
Council l ember M C t hon asked staff if the developer for the London Club Estates project
has considered placing a loop in the system. Deputy Director of Development Services Johnny
Perales said they have not discussed this option with the developer.
Council Member Martinez requested a history of disbursements for the trust funds.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4 :50 p.m. on September 25, 2007.
2
a.
ARTS AND CULTURAL COMMISSION - Four vacancies \with terms to 9 -01 -10
representing the following categories: 1 — Visual Art, 1 — Dance, 1— Education Youth,
and 1 — Civic Leader. (Appointed by the Mayor subject to confirmation by
Council).
DUTIES: To recommend the use, location, lease or purchase of works of art to be
considered a part of the beautification or cultural development of the City; to advise
owners of private property in relation to beautification of their properties; to prepare
specifications for the maintenance of works of art and to inspect such work for the
guidance of the City departments concerned; to advise with respect to the design of
building, bridges or other structures on city property if submitted to the Commission; to
study and evaluate the activities in and the uses made of the Bayfront Arts & Science
Park, and to plan the Park's development for the future activities and uses.
COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the
Council for three -year terms to provide advice on beautification and cultural development
of the City. The Commission shall represent the following categories: (2) marketing
representatives; (2) Economic Development Tourism representatives; (2) Public
Space/Public Art representatives; (2) Youth Education representatives; and one
representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M
University, Del Mar College, Civic Leader, and a Busi
Let:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six-year service limitation
(Note: The Arts and Cultural Commission is recommending the new appointment of
Christopher Aeby or Kimberly Harris (Civic Leader).
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MT GS.
NAME THIS TERM
Molly Merkle (Visual Art) 11
Gloria T. Bilaye-Benibo (Dance) 11
Judith Prewitt, Ph.D. EdulYuth 11
N.
PRESENT
S
7
10
% OF ATTENDANCE
LAST TERM YEAR
73%
64%
91%
OTHER INDIVIDUALS EXPRESSING INTEREST
Christopher Aeby Owner, Restaurant Lavender. Attended the California
Culinary Academy. (Civic Leader) (10-03-07)
Grace a,rraa-Vega
David Berlaga
Linda Eshom
Art Teacher, Gregory Portland Independent School District.
Received B.A. with teacher certification. Activities
include: Member of the National Association of Latino
Arts and Cultural, and is a artist in paint and photography.
(Visual Arts) (1-25-06)
Clinical Record Administrator, MHMR of Nueces County.
Registered Health Information Technician. Activities
include: Coastal Bend Health information Management
Association, Former President of the South Texas Amigos
de Mexico, President of Fuerza Comunitaria, and Advisory
Board Member to the Institute of Mexicans Abroad I E .
Received the Hispanic Women's Network Las Estrellas
Award. (Civic Leader) (9-18-07
Fine Arts Consultant. Received Master of Art and Master
of Science in Education. Activities include: Art Musem
and Art Center. Received Distinguished Fellow-Texas Art
Education Association. (Education Youth) (4-12-07
Kimberly Harris
Dora Hidalgo
Jennifer L. McClaren
Executive Director, Innovative Futures dba Purple Elephant
Consignment. Received Education in Hospitality
Management and Culinary Arts from Del Mar College.
Activiti
Dr. Lari Dianne Young
Director, Performing Arts Center, Texas A &M University-
Corpus Christi. Received Bachelor of Music, Percussion
Performance, Bachelor of Music Education, All Level,
Master of Music History and Literature, and Ph.D. in
Interdisciplinary Fine Arts from Texas Tech University,
Lubbock, Texas. Activities include: Graduate of
Leadership Corpus Christi Class XXXII, Board member of
Southside Rotary club of Corpus Christi, Cocker Spaniel
Rescue; and Southwest Performing Arts Presenters. (Civic
Leader or Education/Youth) (
3
Requested Council Action: 10/9/07
Alternate Date: 10/16/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a health benefits consultant agreement with the
Hay Group, Dallas, Texas, in BI-0224-07 accordance with Request for Proposal No. BI- 0224 - in the
amount of $52,000. Funding is available in the Employee Benefits Health Fund for FYO7-08.
**************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
Request for Proposals
Issued
Request for Proposals
Received
Award Basis:
Funding:
The consultant will assist the City in developing the requirements
of request for proposal package for health insurance benefits for
City employees and retirees, assist in answering questions raised
by potential respondents during the solicitation process, assist i
CITY OF CORPUS PUS CHRISTI
PURCHASING DIVISION
BUYER - Michael Barrera
Request for Proposal I o.:BI- 0224 -07
Health Benefits Consultant
Maximum Hay Group
Evaluation Criteria Score Dallas, TX
Cost 20 20
Experience of Firm 30 30
Experience of staff 30 27
Responsiveness ess to RFP 20 19
Total Score by Group 100 96
Total Award Amount $52,Q00
4
Requested Council Date: 10/09/07
Alternate Date: 10/16/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe,
Texas for approximately 816,000 gallons of ferrous sulfate in accordance with Bid Invitation No.
BI-0006-08 based on only bid for an estimated annual expenditure of $339,740 of which $283,117
i
LiJ
;r; W
LL 03 13. co
a. ti
■ t q 0 0 0
NI- 0 0 0
01
01
L11. q CO
co co c
0)
N
LL
L.L. ui
— c 0 it 2, ,.. a)
co 0
c � • ,
8 E 8
cA .
o a — - i E co
4) c
-1, co 4_, 'X F 0 1 2 z, t e co
= , c .._ 0 -
co
•
EEC 2 = Mi
c -`= `c ' : c 8 0
= E 5)) 0 j3 +.0 8
co 8 0 -33/4'.. E
.c ci) -8 Inv 2 .c: -o #31', -c
0 u) (a -c i us.. tow _c T2 a) 8
0 .� z..,
.� ' - 5 i
- 2s
4 •0 ,0
• Z
1= 0 •X sp
= •c 2 Z c c
I -0
co
Ld ' u_ 2 c Cew ° c2 s5 Z 1 g Tu Ts'
D Ci C 0
ci. EE r-- co _ a) Ce c 0 c 8
c .
O z < cr) m z c_ P c0
a - c 100
.F =5 o 0 ri 5 CD C. 2 ° E 0 'F +c ......„ ca
�F � i ■
0 Uj ai LL • -6 -0- - D D < 2
�
- '- cJ c
O
Q
0
0
C)
0
0
0
00
O
0
0
0
0 0
in
Lo. CO
co
c0
N
1
0
Unloading Delays
a
5
Requested Council Date: 10/09/07
Alternate Date: 10!16/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Calabrian Corporation, Lisle,
Illinois, for approximately 865,000 pounds of Sodium Bisulfite Solution for use at the Wastewater
Treatment Plants in accordance with Bid Invitation No. BI-0225-07 based on low bid for an
estimated annual expenditure of $162,620.00 of which $135,517 is required in FY 07-08. The term
of the supply agreement will be for twelve months with an option to extend for up to two additional
twelve -month periods subject to the approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the Wastewater Department in FY 07 -08.
BACKGROUND:
Purpose: This chemical will be used for dechlorination at the Wastewaster
Treatment Plants. The dechlorination is required by the Wastewater
Discharges Permits.
Previous Contract: The option to extend the previous contract was not exercised due to
supplier's inability to maintain contract pricing, requiring new bids to
be received.
Bid invitations Issued: 'Twenty -Three
Bids Received: Four
Price Analysis: Pricing has remained stable since the last contract of August 2004.
Award Basis: Low Bid
Funding: Wastewater D - • artment Y -07/08
520010 -4200 -33100 $28,200.00
520010- 4200 -33110 74,41 7.00
520010-4200-33130 19, 5 8 3.00
520010 -4200 -33140 3,31 1.00
Total $135,517.00
Michael Ban-era,
Assistant Director of Financial Services
..s
0 Oi 1 i -0 0 -1
-1
0 0 co
g -1 i -1 0
g �
g a
m ' --I
E
_IT
8
A
8
co
V F
•
CO
c cry
i � s
N � y
o
aD CO
4. 0#i
1
8
o
fli 13
s
Pt 8
• r
0 0
LA,
0
0
O
8
P
=1
m
LA LA
CO W n PI
f
�1
V,
0
0
0
0
o c
co c
2
Cn
to CD EU
z..
IF!Ig
6
AGENDA MEMORANDUM
M
DATE: October 9, 2007
SUBJECT: ACCEPTING AND APPROPRIATING A GRANT Ilsi THE AMOUNT OF
$30,580.00 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
AGENDA ITEMS:
a) Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $30,580.00 and to execute a contract and all related documents with
the Texas State Library and Archives Commission for the Loan Star Libraries
Grant to be used as follows: $25,580.00 for books for the new southside library;
$3,000.00 for a part -time archivist for the Central Library; and $2,000 for archival
supplies for the Central Library.
b) appropriating a grant of $30,580.00 from the Texas State Library and
Archives Commission into the Library Grants Fund No. 1068 to be used as
follows: $25,580.00 for books for the new southside library; $3,000.00 for a part -
time archivist for the Central Library; and $2,000 for archival supplies for the
Central Library; and declaring an emergency.
ISSUE: The state has made available $30,580.00 to the library as part of its Loan Star Libraries
Grant program. The library will use these funds as follows: $25,580.00 for books for the new
southside library; $3,000.00 for a part -time archivist for the Central Library; $2,000 for archival
supplies for the Central Library.
REQUIRED COUNCIL ACTION: Appropriation of funds require City Council approval.
RECOMMENDATION: Staff recommends aeceptanc of grant and appropriation of funds.
ix
...iii-1--- (,,i2p, cl------ -
Herb Canal es
Director of Libraries
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type B - $20,000 - $50,000
Grant Number: 442-08111
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Corpus Christi, Corpus Christi Public Libraries
805 Comanche St
Corpus Christi, Texas 78401
II. TERM OF GRANT
September 1, 2007 to August 31, 2008 (SFY 2008)
III. STATEMENT OF SERVICES TO PERFORMED
The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to
provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas.
Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes.
The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the
Grantee (Loan Star Libraries Grant for State FY08 ) as approved by the Grantor. The approved Plan of Action becomes part of this contract
by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $30,580.00
B. Source of funds: General Revenue, State Fiscal Year 2008
C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment
within 20 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding
contracts.
D. The Grantee may no
r t obligate or mcumber grant funds after August 31, 2008. All obligations and encumbrances must be buidatecl or
paid no later than October 15, 2008.
F. All unexpended funds in excess of $25.00 must be returned to Grantor with the Final Financial Status Report (FSR). See Section VII.
B. of this contract for FSR due dates.
F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management
Standards (UGMS).
G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under
the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FR.
I1. Per the approved grant application, funds are authorized according to the following budget:
Personnel
Frin e Benefits
Travel
Equipment/Property
Contractual
Other
$3,000.00
Total
Indirect Costs
Total
27 580.00
$30,580.00
$30,580.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit
request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee
request to exceed the total grant amount. Grantor must receive all change requests no later than .duly 31, 2008. Requests received after this
date will be considered on a case -by --case basis. Grantee must receive written approval from Grantor before obligating or expending
grant funds under any of the following conditions.
A. Fiscal changes must have an approved Budget Revision under any of the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total
grant; and/or,
FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract B $20,000450,000
1 of
2. Transferring erring am funds into a budget cost category that currently equals zero ; and/or,
3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the
approved grant application specifies, es, or from a previously approved fiscal or program revision.
B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the
following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an associated Budget Revision. A
change in scope is a substantive difference in the approach or method used to reach program objectives.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the Equipment/Property category specified in Section W. H of this contract require written prior approval.
This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of
any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is
acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may be included in, or excluded
from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices
(GAAP).
B. The Grantee will comply with UGMS Part Ill, Subpart C, Sec. 32 d3 requiring certain items of equipment to be maintained on
inventory if the item's cost is between $500 and $1000.
C. The Grantee agrees to submit the most current TSLAC Equipment/Property Acquired Form with the Final FSR, but no later than
October 31, 2008, for all equipment/property purchased with grant funds during the F 08 grant year. This list must balance with the
equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application.
Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level.
F. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant
will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-
annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the
equipment/property records with a physical inventory of the equipment/property every two years. This bi- annual inventory does not
need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is
vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part Iii, Subpart C, Sec. 32 e. When
the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32
.
VII. REPORTING REQUIREMENTS
The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by
its ro ams and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf
p l
of Grantor, as outlined in the approved Plan of action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the
Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that
are timely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit the Loan Star Libraries Performance Report to Grantor no later than the due dates listed in the following
schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star
Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no
later than November 15, 2008.
Reporting Period Due Date
September 1, 2007 - November 30, 2007 December 7, 2007
December 1, 2007 - February 28, 2008 March 7, 2008
March 1, 2008 - May 31, 2008 June 7, 2008
June 1, 2008 - August 31, 2008 September 7, 2008
B. The Grantee agrees to submit the TSLAC Financial Status Report form for the grant funded under this contract no later than the due
dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program
requirements are accomplished. Grantee should mark the last required FSR as `Final" and not submit any subsequent FSR forms.
Reportiri Period Due Date
September 1, 2007 - November 30, 2007 December 30, 2007
December 1, 2007 - February 28, 2008 March 30, 2008
March 1, 2008 - May 31, 2008 June 30, 2008
June 1, 2008 - August 31, 2008 September 30, 2008
If necessary, a revised Final FSR must be submitted no later than October 31, 2008.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in
UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the
auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency
FY08 City of Corpus Christi - Loan Star Libraries Grant ---- Contract B $20,000- $50.000
2 of
that provided the funding or a different period is specified in a program- specific audit guide. The audit's Schedule of Expenditures of
Federal and State Awards must list the amount of TSLAC awards expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2008.
B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star
Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines.
Loan Star Libraries Administrative Rule 2,815 (c) states, "If a library has certified that it provides service to non - residents without
charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the
contract that it received." This means the library shall provide the same library services and may impose the same restrictions on non -
resident customers as it does for those customers who live locally. Texas Government Code, Section 1.138c, states, `State aid to
a free tax - supported public library is a supplement to and not a replacement of local support."
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: htt ://wow . # overnorstateitmusidivisionsistate ± ants/ idelines/ Iles U GMS0 2 . do .
Part 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87).
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102
and A -122).
Part 111. State of Texas Single Audit Circular (Adapted from OMB Circular A433).
D. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission
whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the
benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will
provide Grantor with one set of all public relations materials produced under this grant with the Final FSR.
B. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or
any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully
with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any
information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the
authority to audit funds received indirectly by Sub - grantees through Grantee, and the requirement to cooperate, is included in any
sub - grant awarded.
F. The Grantee agrees to maintain all financial and progranimatic records, supporting documents, statistical records, and other records
relating to this grant award for a minimum of three years after Close of Grant. Close of Grant is defined for this grant as the date
Grantee submits to Grantor the Final FSR for the contract grant period.
Ix. ENFORCEMENT
A. Remedies for nonqmplians.L If a Grantee or Sub - grantee materially fails to comply with any term of an award, whether stated in a
state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more
of the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe
enforcement action by Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in
compliance;
3. wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub - grantee an opportunity for such
hearing, appeal, or other administrative proceeding to which the Grantee or Sub - grantee is entitled under any statute or regulation
applicable to the action involved.
C. Effects of suspension and termination. Costs of Grantee or Sub - grantee resulting from obligations incurred b y the Grantee or Sub -
grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes therm in the notice
of suspension or termination, or subsequently. Other Grantee or Sub - grantee costs during suspension or after termination which are
necessary, and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations which were properly incurred by the Grantee or Sub - grantee before the effective date of
suspension or termination are not in anticipation of it and, in the case of a termination, are non- cancelable; and,
2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which
the termination takes effect.
D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and
termination, do not preclude Grantee or Sub- grantee from being subject to "Debarment and Suspension" under Executive Order
12549 (see UGMS Part 1II, Subpart C, Sec. 35) and state law.
FY08 City of Corpus Christi - Loan Star Libraries Grant— Contract B $20,000-$50,000
3 of
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or pro. am revisions and • erforaance reports should be directed to this
grant's Program Manager:
ager
Loan Star Libraries Grant Coordinator
Phone: 512463-5475
Fax: 512-463-8800
E -mail: wclark@tsksiate.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512463-6626
Fax: 512-475-0185
E-mail: mmartin @ sl.state.tx.us
Questions or documentation relating to required Res uests for Funds Financial Status Re • orts, and uipment/Pr pert ca uir d Report
should be directed to:
Grants Accountant
Phone: 512- 463 -5472
Fax: 512-475-0185
E -mail: prants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with
a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PG Box 12516
Austin, TX 78711-2516
XL APPLICABLE AND GOVERNING LAW
A. The laws of the State of Teas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable
law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of
Texas, and the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
III. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential
for activities that are properly within the statutory functions and programs of the affected organizations; The services,
supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied
under contract given to the lowest bidder; and, (3) The grant complies with Texas Government Code § 441.006, Title 13, Part 1,
Chapter 2, Subchapter C, Division 8, Rules 2,810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter
2, Subchapter C, Division 1, Rules 2.11 — 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135
Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act L TA , the State Plan for the LTA in Texas and
UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this
contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of
monetary value from contractors, potential contractors, or parties to any sub - agreements.
C. The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title
17, U.S. Code).
D. State law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. (UGMS
Part 111, Subpart B, Sec. 14 — State Assurances)
1. A sub - grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment
of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the
employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated
by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person
in the prohibited degree.
(2.) A sub - grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be
available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's
1994, unless otherwise expressly prohibited by law.
FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract I? $20,000450,000
4 of
A sub - grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or
called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted
in the Texas Constitution,
A sub - grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of
child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.
Sub- grantees shall also ensure that all program personnel are properly trained and aware of this requirement.
Sub- grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 P.L. 88-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20 J, .C, §§ 16814683, and 1685- 1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 l<.].S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 Pl. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- , as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being made; and the requirements of any other
nondiscrimination statute(s) which may apply to the application.
(6.) Sub-grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 § § 276a to 276a-7), the
Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C.
§ § 327-333), regarding labor standards for federally assisted construction sub-agreements.
7. Sub- grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act
and the Intergovernmental Personnel Act of 1970, as applicable.
(8.) Sub- grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
(9.) Sub-grantees will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits
smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.
(10.) Sub- grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
11. Sub-grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and
policies governing this program.'
(12.) Sub- grantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas
Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
FY08 City of 'orpus Christi - Loan Star Libraries Grant— Contract fi $20,000-$50,000
5 of
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Edward Seidenberg, Assistant State Librarian
Date
Karen
rabek, Chief Fiscal Officer
Date
Ne&e-ei
Deborah Littrell, Library Development Director
71
Date
LI tell aa
Wendy Clark, Program Manager
Date
GRANTEE
City of Corpus Christi, Corpus Christi Public Libraries
Signature (must be an official empowered to enter into contracts)
Typewritten or Printed Name
Title
Date
FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract B $20,000450,000
6 of
- • • • : • wit `• M"
A.i
"
r City Amy
qta5/07
;ve�k tjuII a2.
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
GRANT IN THE AMOUNT OF $30,580.00 AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LOAN
STAR LIBRARIES GRANT TO BE USED AS FOLLOWS: X25,580.00
FOR BOOKS FOR THE NEW SOUTHSIDE LIBRARY; $3,000.00 FOR A
PART -TIME ARCHIVIST FOR THE CENTRAL LIBRARY; AND
X2,000.00 FOR ARCHIVAL SUPPLIES FOR THE CENTRAL LIBRARY.
BE IT RE§OLVED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to accept a grant in the
amount of $30,580.00 and to execute a contract and all related documents with the
Texas State Library and Archives Commission for the Loan Star Libraries grant to be
used as follows: $25,580.00 for books for the new southside library; $3,000OO for a
part - time archivist for the Central Library; and $2,000.00 for archival supplies for the
Central Library.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Assistant Secretary
Henry Garrett
Mayor, City of Corpus Christi
APPROVED AS TO FORM: September 27, 2007
Yve Agu !ar
Assistant CI Att, ney
For City Attorney
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut on
AN ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF X30,580.00 FROM
THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO
THE LIBRARY GRANTS FUND NO. 1068 T4 BE USED AS FOLLOWS:
$25,580.00 FOR BOOKS FOR THE NEW SOUTHSIDE LIBRARY;
$3,000.00 FOR A PART TIME ARCHIVIST FOR THE CENTRAL
LIBRARY; AND $2,000.00 FOR ARCHIVAL SUPPLIES FOR THE
CENTRAL LIBRARY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a grant in the amount of $30,58000 from the Texas state Library
and Archives Commission i
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the
reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
ordinances at two regular meetings: 1 we, therefore, request that you
voting upon .. introduced, rule and pass this ordinance finally n the date it is introduced, or
suspend said Charter p
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 Marez
Nelda Martinez
Michael McCutchon
7
AGENDA MEMO UM
Date: October 9, 2007
SUBJECT: Appropriation of funds for Parkdale Branch Library
AGENDA ITEMS:
a. Resolution authorizing the City Manager or designee to execute a Gift Agreement wi
Page Two
Library
Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his desi
Page Three
Library
RECOMMENDATION:
Staff recommends approval.
Herb Canales
Director of Libraries
GIFT AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND THE
CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC.
PARKDALE BRANCH LIBRARY
This agreement ("Agreement") is made by and between the City of Corpus Christi
("City"), a home—rule municipal corporation organi
Executed in duplicate, each of which shall be considered an original, on this the
- -- day of - , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Cha a George K. Noe
City Secretary City Manager
Approved as to form:
s-_, 2007.
YtteAg
Assistant City Attorney
for the City Attorney
FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES
By:
Kenneth L. Kellar, President
Michael A. Howell, Treasurer
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
GIFT AGREEMENT WITH THE FRIENDS OF CORPUS CHRISTI
PUBLIC LIBRARIES IN THE AMOUNT OF 325,000.00 FOR
IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a Gift Agreement
with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for
improvements to the Parkdale d le Branch Library.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
Assistant Secretary
Mayor, City of Corpus Christi
APPROVED AS TO FORM: September 27 , 2007.
v ; e Ag
Assistant ity Attorney
For City Attorney
Corpus Christi, Texas
of
2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly -- .
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
AN ORDINANCE
APPROPRIATING $29,'138.88 INTO THE LIBRARY CIP FUND NO.
3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE
PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES:
$25,000,00 FROM THE FRIENDS OF CORPUS CHRISTI PUBLIC
LIBRARIES; AND $4,738.86 FROM UNAPPROPRIATED INTEREST
EARNINGS FROM THE LIBRARY CIP FUND NO. 3210; CHANGING FY
2006 -2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997
TO INCREASE APPROPRIATIONS BY X29,138.86; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $29,1 38.86 is appropriated into the Library CIP Fund No. 3210,
Project No. 120095, for improvements to the Park dale Branch Library from the following
sources: $25,090.00 from the Friends of Corpus Christi Public Libraries; and $4,138.86
from unappropriated interest earnings from the Library CIP Fund No. 3210.
SECTION 2. That the FY 2096 -2097 Capital Budget adopted by Ordinance No. 026997
is changed to increase appropriations by $29,1 38.86.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 9th day of October, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVE[
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
110 FORM: October 1, 2007
4A(( ti
Yv a Ag u i l - •
As ' sta nt City Attorney
For City Attorney
Corpus Christi, Texas
day of 7 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 requiring re uirin suspension of the charter rule as to consideration and
voting in upon ordinances at two regular meetings: Ire, therefore, request that you
Charter rule and pass this ordinance finally on the date it is introduced, or
suspend said p
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. - _ MikeHunimel
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
8
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: October9OOZ
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract
with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6'h
12'w mural, in the amount of $855O.00 as part of the Percent for Art Program associated
with the Parkdale Branch Library renovation project.
ISSUE: The Arts and Cultural Commission has made a recommendation to the City
Council to enter into a contract with Ricardo Ruiz (Artist) for the purpose of designing and
executing a mural for the Parkdale Branch Library renovation project.
REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to
execute a contract with Ricardo Ruiz (Artist) is required.
PREVIOUS COUNCIL ACTION: none.
BOARD/COMMISSION ACTION: The Arts and Cultural Commission approved their
recommendation at their August 3, 2007, meeting.
FUNDING: G: The project is funded.
CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission and the
Visual Arts Committee have reviewed the recommendation of the Parkdale Branch Library
renovation art selection panel and approve this project.
Sally Gavlik
Parks and
Attachments: Background Information
[rector
creation Department
BACKGROUND INFORMATION,
A Request for Proposals FP was distributed to artists residing in South Texas and the
surrounding areas for the execution of a work of art to be located inside or outside the
Parkdale Branch Library. Four local artists each submitted a proposal. The Parkdale
Branch Library Peer Panel reviewed the four entries and chose one artist to return to the
next meeting to present an initial design and to discuss questions that the selection panel
had regarding the design. At the July 31, 2007 Peer Panel meeting the artist, Ricardo
Ruiz, was introduced. The Peer Panel approved his design of a 6 ft. (h) 12 ft. (w) mural
to be located inside the Parkdale Branch Library.
The Arts and Cultural Commission's Visual Arts Committee approved the recommendation
of the Peer Panel at their August 3, 2007 meeting after which the Arts and cultural
Commission voted to recommend the Ricardo Ruiz mural to city Council on that same
date.
This project is being funded by donations to the Library Department but adheres to the
Public Art Policies and Guidelines. The policies were passed by the City council on March
10, 1 987. Under Section 2-109 c , Municipal public art program, all allocations for funds
for city construction projects shall include an amount equal to one and one-quarter (1 1
per cent of the construction cost, to be used for the selection, acquisition, commissioning,
and display of works of art and any other associated costs such as professional fees,
community education, insurance, curatorial services, identification, documentation and
publicity. If the source of funding, applicable law governing any particular project, or the
9 yp �
expenditure of such funds precludes art as permissible expenditure, the amount of funds
so restricted shall be excluded from the construction cost, as defined herein, in determining
the amount to be allocated as provided herein. City construction projects with a
construction cost of less than fifty thousand dollars ($50,000.00) shall be excepted, and no
allocation shall be made on such projects.
9
CITY COUNT
AGENDA MEMORANDUM
City Council Action Date: oo
AGENDA ITEM: TO APPROPRIATE 520,000 FROM THE UNRESERVED FUND
BALANCE IN THE MAINTENANCE SERVICES FUND 5110 FOR ROOF REPAIRS AT
THE ASIAN CULTURES MUSEUM; CHANGING ORDINANCE NO. 0273b2 WHICH
ADOPTED THE FY 2007-08 OPERATING BUDGET TO INCREASE
APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY.
ISSUE: The Asian Cultures Museum roof is in need of repairs.
REQUIRED COUNCIL ACTION: Approval of ordinance is required.
FUNDING: Maintenance Services Fund
CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the
Ordinance.
Eddie Houlihan
Assistant Budget Director
Attachments:
BACKGROUND INFORMATION
The FY 2007-08 Adopted Budget included an additional $1 5,000 in funding for the Asian
Cultures Museum. An additional request was made by the Museum to fund roof repairs. City
Staff identified funding for the repairs in the Fund Balance of the Maintenance Services Fund.
This ordinance appropriates funding so funds can be transferred to the Museum and repairs can
be completed.
ORDINANCE
TO APPROPRIATE $2Q,000 FROM THE UNRESERVED FUND BALANCE IN
THE MAINTENANCE SERVICES FUND 5110 FOR ROOF REPAIRS AT THE
ASIAN CULTURES MUSEUM; CHANGING ORDINANCE NO. 027352 WHICH
ADOPTED THE FY 2007 -08 OPERATING BUDGET TO INCREASE
APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That.$20,000 from the Unreserved Fund Balance in the
Maintenance Services Fund 5110 is appropriated for roof repairs at the Asian
Cultures Museum.
SECTION 2. That Ordinance No. 027352 which adopted the FY 2007-08
operating budget is changed to increase appropriations by $20000.
SECTION upon 3. That on written request of the Mayor or five Council members,
copy attached, City Council (1) finds and declares an emergency due to the
the �
immediate action necess for the efficient and effective administration
need for necessary of City
affairs and suspends the charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
a
passed
and takes effect upon first reading as an emergency measure this the
day of = , 2007.
ATTEST:
Armando Chaps
City Secretary
APPROVED: October 3, 2007
At LiA-U,
Lisa Aguilar ij
Assistant city Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H: L G- I \Lisa rd of 2 \Bud et roof repairs.DOC
Corpus Christi, Texas
Day of } 2007
TO THE MEMBERS F 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,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli cndo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal - -
John E. Mare - --
Nelda Martinez
Michael M C t hon
10
C1TV COUNCIL
AGENDA MEMORANDUM
City Council Action Date: , 10/09/07
AGENDA ITEM: Ordinance appropriating $124,644 from the unreserved fund balance
in No. 9010 Crime Control District Fund for the hiring of two civilian positions,
equipment, and supplies in the FY 2007-2008 operating budget, and amending the FY
2007-2008 operating budget adopted by ordinance 027352 by increasing
appropriations by $124,644 and declaring an emergency.
ISSUE: The Crime Control and Prevention District Board of Directors approved one-
time expenditures using the surplus fund balance from FY 0607.
BACKGROUND INFORMATION: On September 19, the Crime. Control Board approved
the following modifications to the FY 0708 budget:
1. Hire one Graffiti Coordinator
2. Hire one Senior Staff Assistant
3. Supplies
4. Equipment
The positions will serve to enhance the current graffiti eradication program with the
position coordinating work for the graftiti truck, following up on work orders, and
conducting a public information and education program. The Senior Staff Assistant will
conduct data entry of the work orders received by the City.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds.
B. P. Smith
Chief of Police
ORDINANCE
APPROPRIATING ;124,644 FROM THE UNRESERVED FUND
BALANCE IN NO. 9010 CRIME CONTROL DISTRICT FUND FOR THE
HIRING OF TWO CIVILIAN POSITIONS, EQUIPMENT AND SUPPLIES
IN THE FY 2007 -2008 OPERATING BUDGET, AND AMENDING THE FY
2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE 027352
BY INCREASING APPROPRIATIONS BY E724,644; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $124,644 is appropriated from the unreserved fund balance in the
No. 9010 Crime Control District Fund for the hiring of two civilian positions, equipment
and supplies in the FY 2006-2007 operating budget.
SECION 2. That the FY 2007 -2008 Operating Budget, adopted by Ordinance No.
027352, is amended by increasing appropriations by $124,644.
SECTION 3. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and. (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the 9"' day of October, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form Qc 4r3, 2007
Joseph 4Iamey
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, !Ave
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
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
11
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: October 9, 2007
AGENDA ITEM: Resolution determining a public necessity to acquire fee simple title
to the surface estate only for a storm water drainage project, knowri as the Master
Channel 27 Drainage Project, on a tract of land known as Parcel 16; and for a related
Inundation and Drainage Easement known as Par ell OA; both out of Lot 21, Section 26,
Flour Bluff Encinal Farm & Garden Tracts; from the owners, William C. Oliver, Virginia
Oliver Bettiga, Patricia L. Oliver Delong, and Bessie J. Oliver, Individually and as
Community survivor for the Estate of Charles D. Oliver, Jr., for the public purpose and
use as a storm water drainage channel and for other related purposes; and authorizing the
City Manager and the City Attorney to acquire the subject parcels by means of the City's
power of eminent domain.
ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.0 miles of
channel excavation and construction which is designed to reduce flooding in the adjoining
areas affected by present and future development. The proposed channel originates at
Cimarron Boulevard and continues eastward into the Gayo Del Oso as shown on the
Exhibit B route map. City staff has negotiated and acquired 20 of the 30 parcels of
drainage right-of-way needed for this project. Negotiations have reached an impasse for
Parcels 16 and 16A, which are owned by William C. Oliver, Virginia Oliver Bettiga, Patricia
L. Oliver Delong, and Bessie J. Oliver, individually and as Community Survivor for the
Estate of Charles D. Oliver, Jr. City Council approval of a resolution is needed authorizing
acquisition of these parcels by the City's power of eminent domain.
FUNDING: No funding is required at this time.
RECOMMENDATION: Approval of the resolution as presented.
Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Master Channel 27 Route map
Parcel Map
Resolution
H:IH MESUSEBI I \Agenda IternsWaster Channel 27.0liver, Peso. to ondemn'A ends Merrrorandurn.do
BACKGROUND INFORMATION
SUBJECT: Master Channel 27 Drainage Improvements (#2263)
Resolution for condemnation (Parcelsl 6, 16A)
PROJECT BACKGROUND: The Master channel 27 Drainage Improvements Project is
proposed to alleviate the Mary Carroll channel and Master channel 31 drainage systems
and is designed to reduce flooding in its surrounding areas. This project will consists of an
earthen open channel with reinforced concrete box culverts at road crossings. The length
of the channel will be approximately 2.05 miles beginning at Cimarron Boulevard and
ending at the Cayo Del Oso. A total of 30 parcels consisting of drainage right-of-way and
drainage /utility easements are necessary for this project as shown on the attached Exhibit
B route map. City staff is currently in negotiations for all the needed parcels and have
acquired 20 parcels to date. Negotiations for Parcels 16 and 16A are at an impasse and
have terminated due to the vast difference between the city's and the landowner's land
value. A City Council resolution is required in order to permit use of eminent domain
proceedings to acquire the to necessary parcels of land.
The excavation of the open channel and installation of the required underground concrete
boxes are currently in progress. The entire project is approximately 25% complete. The
drainage channel excavation began on Parcel 13A from County Road 7B to Rodd Field
Road and has been completed. Work is now progressing on its low flow concrete channel
which is installed down the center of the excavation. Partial grading of the soil has also
been done in this area. The concrete drainage boxes have been installed on Parcel 4 and
are currently being installed on Parcel 2. The installation of these boxes has also been
completed across County Road 7B and are currently being installed across Airline Road at
Brooke Road.
PARCEL DESCRIPTION: There are two parcels that are needed from the landowner's
.213 acres for the drainage project. Both parcels are located east of the intersection of
Brooke Road and County Road 7B as shown on the attached Exhibit C. This area is
comprised of wetland/lowlands and is shown on the Wetland Inventory Maps of the Texas
Parks and Wildlife Wetland Database,
Parcel 16 contains 1.695 acres and will be needed for the construction of the main
drainage channel. The proposed channel on this property will be 115 foot wide and
located along the northern boundary of the landowner's tract. Fee simple property rights
i i
are needed for this parcel to be consistent with the other acquisitions. Parcel 16A,
contains 2.395 acres and will be acquired as an Inundation and Drainage Easement. This
parcel is located south of and adjacent to Parcel 16 as shown on Exhibit B. The subject
property is currently unplatted and zoned FR or Farm Rural. There is a residence on the
property located well above the wetland area adjacent to a private road at the southern
boundary of their tract.
PARCEL NEGOTIATIONS: 1T!QNS: The city initially proceeded to acquire the parcel as a 4.09
acre fee simple acquisition. American Appraisers, Inc., an independent appraisal firm, was
EXHIBIT A
1 of3
contracted to prepare an appraisal of its value. An appraisal report was received in the
total amount of $11 ,250 or $2,750 per acre for the 4.09 acres based on the
lowland /wetland value. The City presented an offer to the landowners based on the
appraisal amount. The landowners rej
closing costs, and $23,718 for a 4.77 acre temporary construction easement and
related fencVng; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and
Garden Tracts, located on Cimarron Boulevard midway between Saratoga and
Yorktown Boulevard; necessary for the Master channel 27 Drainage Improvement
Project (##2263) and for other municipal purposes. (Motion No. M2007-023)
3 arch 27, 2007 - Motion waiving an irregularity and authorizing the City Manager or
his designee to execute a Construction Contract with Ramos Industries, Inc. of
Pasadena, Texas in the amount of $1O,356,062.70 for the Master Channel 27
Improvement projects for the Base Bid and Additive Alternates No. 1, 3, and 4. (Motion
No. 200 7- 087)
4. a 21:p7 - Motion authorizing the city Manager or his designee to execute a Real
Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for
fee simple property rights to 9.843 acres of land, plus $900 in closin g costs; all out of
Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located
off of Brooke Road and County Road 7B; necessary for the Master Channel 27
Drainage Improvement Project (#2263). (Motion No. M2007-125)
5. May 29, 2007 - Motion authorizing the City Manager, or his designee, to execute a
Construction Management Services Contract with Anderson Group Construction
Management Company of Corpus Christi, Texas in the amount of $1 99,350.00 for the
Master Channel 27 Drainage Project. (Motion No. M2007-142)
6. ejaternber 18, 2007 - Motion authorizing the City Manager er or his designee to execute
a Real Estate Sales Contract, Drainage & Utility Easement, and Temporary
Construction Easement with Diaz Capital Partnership Ltd. and Nabil Emi lady, Trustee in
the amount of $175,000 plus $2,500 in closing costs for Parcels 5A, 5B, 5C, 6A, 6B,
and 6C, all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden
Tracts located on Brooke Road between Airline Road and Rodd Field Road, necessary
for the Master channel 27 Drainage Improvement Project (#2263). (Motion No. M2007-
246
PRIOR ADMINISTRATIVE ACTION: None
FIJTURE COUNCIL ACTION:
1. Authorize the acquisition of parcels whose cost exceeds $50,000 and,
2. Authorize the payment of any Special Commissioners Award for the condemnation
of any parcels whose cost is in excess of $50,000.
HAHOMBEUSEBIOG\GEN1Agenda ItemslMaster Channel 27. livers Reso. to condernnlBackgr und.doc
EXHIBIT A
3 of 3
File : \Mprouncilexhibits exh2263ccr.dwt
r ii;`..
/-..,1 8
}
L i
0
Q
0
49,ip (,)
LOCATION OF
PARCELS
.ot 4)/
it/
LOCATION MAP
NOT TO scree
cf)
PARCEL 16a
(Inundation amt,)
L CI"'PRECTNO. 2263
VICINITY MAP
—Not TO SCALE
MASTER CHANNEL 27 DRAINAGE /MP.
(PARCELS 16 818a)
ESTATE OF JERRIE H. OLIVER
CITY COUNCIL EXHIBIT
CITE' OF CORPUS CHRISTI, TE4S
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of
DATE. 10-03-2007
ralsoftalsolow
RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE E FEE
SIMPLE
TITLE TO THE SURFACE ESTATE ONLY FOR A STORM
WATER
DRAINAGE PROJECT, KNOWN AS THE MASTER
CHANNEL 27 DRAINAGE PROJECT, ON A TRACT OF LAND
KNOWN
AS PARCEL 16; AND FOR A RELATED INUNDATION
AND DRAINAGE EASEMENT KNOWN AS PARDEL1 A; BOTH
21, OUT OF LOT 21 SECTION 26, FLOUR BLUFF & ENCINAL FARM
GARDEN TRACTS; FROM THE OWNERS, WILLIAM C.
VIRGINIA OLIVER BETTIGA, PATRICIA L. OLIVER
DELONG, AND BESSIE J. OLIVER, INDIVIDUALLY AND AS
COMMUNITY SURVIVOR FOR THE ESTATE OF CHARLES D.
OLIVER, . ,
JR., FOR THE PUBLIC PURPOSE AND USE AS A
STORM 1VI HATER DRAINAGE CHANNEL AND FOR OTHER
RELATED
PURPOSES; AND AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE
SUBJECT
PARCELS BY MEANS OF THE CITY'S POWER OF
EMINENT DOMAIN.
WHEREAS, the Ci ty Corpus Cor us Christi has implemented a storm water
improvement project, I nor n as the Master Channel 27 Drainage Project, to
' �
. storm water drainage channel and a related underground drainage
build new �
and utility facility "storm referred to collectively as the storm water
t
improvement project" to serve the City; and
p
WHEREAS, the
storm water improvement t project has entered into the
acquisition phase; and
W City of Corpus Christi has determined that there is a public
WHEREAS, the � t rp
necessity for the rm
storm water improvement project and has determined that
public necessity for the acquisition of certain property rights,
there is a dub t
consisting of fee simple le title to the surface only and drainage and utility
easement rights in
land that will be used for this project, as shown and
described in Attachment "A'; and
WHEREAS, the City
of Corpus Christi has authorized acquisition of the needed
property rights hts b means of negotiations and through eminent domain;
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
EXHIBIT D
1 of 3
SECTION 1. That the City Council of the City of Corpus Christi hereby
determines that there is a public necessity for storm water drainage
improvements ents known as the Master Channel 27 Drainage Project, as recited
above, and that it is necessary for the public welfare and convenience to
acquire from the owners thereof the fee simple title to the surface estate only
and certain drainage & utility easement rights as shown and described in
Attachment "A" as the subject property, for the public purpose of the new storm
water improvement project.
SECTION 2. That the City Manager and the City Attorney are authorized to
act on behalf of the City to acquire the subject property, either by negotiated
purchase or by filing or causing to be filed condemnation proceedings under
Texas law in the event the consideration to be paid for the taking cannot be
agreed upon by negotiation.
SECTION 3. That this resolution shall take effect immediately.
SECTION . Severability: If any provision, section, subsection, sentence,
clause, or phrase of this Resolution, or the application of the same to any
person or set of circumstances is for any reason held to be unconstitutional,
void, or invalid, the validity of the remaining portions of this Resolution shall not
be affected thereby, it being the intent of the City Council in adopting this
Resolution that no portion hereof, or provisions or regulation contained herein,
shall become inoperative or fail by reason of any unconstitutionality or invalidity
of any other portion hereof and all provisions of this Resolution are declared to
be severable for that purpose.
ATTEST:
Armando Chapa
City Secretary
Approved a to form: 3 -Oct 7
\it
By:
Veronica ocanas
Assistant City Attorne
for City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
EXHIBIT D
2 of 3
day of 1 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper Larry Elizondo, Sr.
Mike Hrmell - -- - �-
Bill Kelly
Priscilla G. Leal
John E. Marez - -
Nelda Martinez
Michael McCutchon
EXHIBIT D
3 of 3
L & L Family Partnership, Ltd.
55.955 Acres out of
Lots 6A & 7A and all of Lots 9-11, Sec. 26
& E.F. t. .
Doc/ 1998053979, O.P.R.N. C. T.
1
5
f
5/8" Iron
Rod Found
H► ,/Cop Stamped 'Urban Eng.
T"
O
Lot 10
(Record - S 51'00100'
s 6120'15 - 4.34.24'
Lot 9
1111.1.... '.11.P.T
err..►
--L
N '5'08
170.00'
5/8 Iron
Rod Found
Lot 20
(Record se 5' 29'00100" ITV)
2r4,3',30° W- .00'
N r' 'i.5 . W-434.32'
'
Lot 21
Remainder of
10.713 Acres out of -
Lot 21, Sec. 26
F.B. E.`. & G.T.
The Estate of Jerrie Haynes Oliver
Doc/ 305529
NOTES:
1. Bearings are based on the Texas Coordinate
System of 1983 (South Zone) and referenced to the
rrronumented west right of way line of County Rood 78.
2. Area = 1.695 acres (73,827 S.F. ).
5/8 inch iron rod set with a plastic cap stamped
'MAVERICK E N 'R. VICTORIA, TX, BOUNDARY MARKER', K( , at
oil Property comers, unless otherwise noted.
4. All references to record data (Record = * ** indicate
information as cited In Document No. 985383,
0.P.R.N.C.T.
5. This tract is subject to a blanket Electrical Easement
as recorded in Volume 1 538, Fage 697, . N. C. T.
Total Tract
Acquired
Remainder
1, Gory Don Rayner, hereby certify that the foregoing
crap was prepared from a survey, made on the ground,
under my direction and that it is_ :true and correct.
•
Maverick Engineering,
G
• , Ra n
•
R.P.L.. •-584.7••. -- - . - ..
Revised February 20, 2007 1- Revis d BoUrioci
Revised March 2 2007 '
, Re�r�er � hr.
Revised June 18, 2007: Revi eda= boundary
100 0 'GO 200
Lot 22
Oak Properties
78.093 Acres out 01'
Lots 22-25, Sec. 2
. . �.�F . . &/ G.T.
Doc/ 2005027968, 0.P.R N.C.T
7.213 314,198
1.695 73,827
5.518 - - - 2,0, 371
Parcel 16
MAP TO ACCOMPANY
METES & BOUNDS DESCRIPTION.
Being a 1.695 acre (73,827 SF) tract of land out of
the remainder of that certain 10.773 acre tract of land
described in Document No. 305529, Official Records of
Nueces County Texas, said 10.713 acre tract being a
portion of Lot 21, Section 26 of the Flour Bluff and
Encino! Farm and Carden Tracts, a map of which is
recorded in Volume A, Pages 41-43, of the Map
Records of Nueces County, Texas.
Project/ 0527 -510 Date: June 18, 2007
MAVERICK
TEL: 361 289 1 385
FAX. 381 289 0712
P.0. BOX 9094
CORPUS CHRISTI, TEXAS 78469
ATTACHMENT "A"
1 OF 2
Lot 1 1
cs
County Roar[
}
L do L Family Partnership, Ltd
55.955 Acres out of
Lots 6A & 7A and oil of Lots 9-11, Sec. 26
y r
& E .
Doc", 1995053979, D.P.R.N.C.T.
a cE
Lot 20 1 ): rk;
%
I :1A;1%.
1 rill
1
Lot 10
40' Roadway Easement
Val. A, Pgs. 41--3,
(Unimproved Roadway)
6120'15" E- 434.52'
.9
A Linder of
,� 10.713 Acres out of
Lot 21, Sec. 26
F.B. E.F.
The Estate of Jerrie Haynes Oliver
Doc/ 305529
O.R.N.. T.
NOTES:
1. Bearings are based on the Texas Coordinate
System of 1983 (South Zone) and referenced to the
r onur'nented west right of way line of County Road 711
2. Area = 2.395 acres (104,332 SF.).
3. 5/8 inch iron rod set with a plastic cap stamped
*MAVERICK ENGR. VICTORIA 7X, BOUNDARY MAR1 ER , . at
all property corners, unless otherwise noted.
4. All references to record data (Record = * ** ) indicate
information as cited in Document No 985383,
0.P.R.N.C.
5. This tract is subject to a blanket £Iectrtcal Easement
as recorded in Volume 1538, Rage 697, .R.N. C, T.
Lot 9
-L
(Record = 29120100'. W
2843'30' W-170.00'
F.O.B.
(Record - 5 29'00'00- W)
s 28'43'30" W-77.90'
Lot 22
Oak Properties
76.093 Acres out of
Lots 22-25, Sec. 26
F.B. & . ■ &. G. T.
Ducar 2005027965, 0.P,R,N.C. T
Total Tract 7.213 314,198
Acquired - .395 _104,332
Remainder-- -4.818 ,1163-
I, Gary Don Rayner, hereby Geri , -- ha y, the foregoing
rnap was prepared from a 4uryoy,:::rnede:00 the ground,
under my direction and th f it ..1 s.' :tr e t d' ' correct.
100
0
SCALE 11200.
200
Parcel 16
Inundation Drainage Easement
MAP TO ACCOMPANY
METES & BOUNDS DESCRIPTION:
Being a 2.395 acre (104,332 .F. ) tract of lord out of
the remainder of that certain 10.713 acre tract of fond
described in Document No. 305529, Official Records of
Nueces County Texas, said 10.713 acre tract being a
portion of Lot 21, Section 26 of the Flour Bluff and
Encino! Farm and Carden. Tracts, a map of which is
recorded in Volume A, Pages 41-43, of the Map
Records of Nueces County, Texas.
P r o j e c t i 0527-510 Dote: June 1 , 2007
MAVERICK
IIiOQlmIWO. INC.
TEL: 361 289 1385
FAX: 361 289 0712
�P.0. BOX 9094
�+
CORPUS CHRISTI. TEXAS 78469
ATTACHMENT "A"
v.) v
12
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Report by Chiang, Patel & Yerby (CP &Y), Inc. related to the
Recent Public Water Quality Issues
STAFF PRESENTER(S):
Name Title /Position Department
1. None
2.
3.
OUTSIDE PRESENTER(S):
Name
1. Edward M. Motley
2.
3.
TitlelPosition Organization
Senior Vice President CP &Y, Inc.
REQUIRED COUNCIL ACTION: None.
13
CITYCOUNCIL
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
'!.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 O
Leon Bazar
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 r initiatives
and responsibilities in ADA and Non- Discrimination and will include:
• Human Relations Department Overview
• ADA Update
• Committee For Persons With Disabilities
• EEDFEA 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 Ion- 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. Accessibility Grievances 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, 2007, thirty eight (38) accessibility
grievances were received and included
• Missing or broken sidewalks /curb ramps
• sideway 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 Techni
• Restaurant request for site review to identify ADA improvement
opportunities
D. Innovative and/or Proactive ADA Initiatives reflect the City's commitment to take
proacti
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
unity
• 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 2007, we partnered with NAACP, LULAC, and American G.1. 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 FHAP (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
October 9, 2007
Update Presentation Outline
• Human Relations Department Overview
• ADA Update
• Committee For Persons With Disabilities
• EEOC FE PA Employment Discrimination
• HUD FHAP Fair Housing Discrimination
City of Corpus Christi
2
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 Ills 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
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 Grievances/PubIic
Accommoclations/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
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
6
3
ADA Update
Accessibility Grievances/PubIic
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.
25 Public Accommodation complaints were
addressed during this reporting period and
included:
L.__ City of Corpus Christi
ADA Update
Accessibility Grievances /Public
Accommodations /Technical
Assistance
• Accessible restrooms, entrance doors,
paths of travel, and airport transportation
with hotel
• Restroom door and Council "well" at City
Hall
• Disrespect towards disabled Spanish
speaker on public transportation
• Denial of entrance of persons with
disability at business
• Ramps and ADA parking at shopping strip
City of Corpus Christi 8
ADA Update
Accessibility Grievances/Public
Accommodatiofls/TeChfliCal Assistance
Technical Assistance - 17 voluntary requests
for technical information for ADA restrooms,
ramps, parking, etc. Reflects positive initiative
from community. Included:
• Citizen - sidewalk repair requirements
• TV stations - ADA parking and entrances
• Day Care - guidelines for ADA playground
• Apartment Manager - ADA ramp guidelines
• Restaurant - site review to identify ADA
improvements
City of Corpus Christi
9
ADA Update
Innovative and/or Proactive ADA Initiatives
• Engineering utilizing "foam lifting" process to
Level some sidewalks {Waldron Rd. was first
application)
• Engineering utilizing thermoplastic curb ramp
installation (versus pavers)
• City pool wheelchair lifts installed
• Wheelchair lifts ordered for Marina use by "Sail
Away" program for persons with disabilities
• Meriman -Boby House at Heritage Park
accessibility enhancements completed
• Diagonal curb ramps not permitted in City curb
ramp projects
City of Corpus Christi 10
ADA Update
Committee For Persons With Disabilities
Council appointed advisory committee. Key
initiatives included:
- Assisting in implementing and reviewing ADA
Parking Volunteer Monitor program
- Assisting Human Resources in Job Description
development program
- Assisting Engineering in project reviews e.g.,
Downtown, McGee Beach, Staples street,
Weber, etc.)
Hosted statewide Barbara Jordan Media Awards
event with Governor's Committee
Prepared 2008 Bond recommendations
regarding ADA accessible route needs
- Represented by members on UDC committees
- Assisting Parks & Roc in reviews of programs
and outreach e.g,, Latchkey, Brochures, etc.)
City of Corpus Christi
11
ADA Update
Committee For Persons With Disabilities
Future Focus Area include:
- Review and update of 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
L_ City of Corpus Christi, 12
6
EEOC 1 FEPA Employment Discrimination
.Compliance Officers' investigative plans for EEOC
and HUD include request and review of related
documents, witness interviews, on -site visits,
issuance of determination, mediate, and negotiate
settlements. Some cases may required issuance of
subpoena and temporary restraining orders.
088 Case closures during EEOC contract year (Oct. 1
to Sept. 30). Expect to complete 96 case closures
by Sept. 30, 2007 and will exceed EEOC contract of
87.
City of Corpus Christi
13
EEOC ! FEPA Employment Discrimination
• Approximately 60% of charges allege Race
discrimination and 25% allege discrimination based on
Sex. Other basis include National Origin, Religion, and
Retaliation discrimination.
• Anticipate to complete 250 EEOC discrimination Charge
Intakes by September 30, 2007.
• Partnered with NAACP, LILAC, and American 0.1.
Forum in presenting Employment Rights Seminar
featuring EEOC, TIWC, and DOJ representatives.
Approximately 75 community leaders and citizens
participated.
• Provided 40+ training sessions within City and
community regarding non - discrimination in the
workplace.
• Received National Public Sets a Award from EEOC for
case resolution work and community outreach.
of Co •us Chr'ist'i 14
7
HUD /FHAP Fair Housing Discrimination
• Completed 32 Fair Housing discrimination case
closures in HUD contract year ending June 30th.
Approximately O of charges allege Race
discrimination and 25% allege discrimination based
on Disability. Other basis include National Origin,
Age, and Familial Status.
• Currently have 29 Fair Housing cases under
investigation.
• Partner with COG in presenting annual Fair
Housing Seminar in Spring. Over 100 attendees
representing housing providers, advocacy groups,
financial institutions, and HUD representatives
participate.
City of Corpus Christi
15
For more information:
City of Corpus Christi
Human elati ns Department
t
www. to cas. m
(361) 826-3190
`FCC (361) 844-1759
S
14
%10•41%.•dallb
Iiii0•41%10.4%••
OF CORPUS cHRisn
Presented by the
Port of Corpus Christi Authority
Update on the
Tule Lake Lift Bridge
Presentation to the
City of Corpus Christi — City Council
October 9, 2007
Lift Bridge Presentation
• Background & recent events
• Location of the Inner Harbor, refineries, railroads and
highways.
• Rail access to the Port.
• Union Pacific
• KCS
• History of the Lift Bridge.
• Condition of the Bridge.
• Need to remove the Bridge.
• Replacement rail access via the Fulton Corridor.
• Plan for Removal.
2
Background & Events
Tule Lake Lift Bridge
• September 19, 2006 briefing to City Council
Reported on the condition of the bridge
Need for closing it to road traffic
• Road traffic detour began on Sept. 29, 2006
• Industry rerouted their trucking operations
• September 15, 2007 bridge rail traffic closed due to
increased safety concerns
Port of Corpus Christi Inner Harbor
Tule Lake Lift Bridge Location
3
Port of Corpus Christi Inner Harbor
Major Industry Location
Port of Corpus Christi Inner Harbor
Key Issues
• All three refineries have interconnected operations on
both sides of the Lift Bridge.
• Refineries located "outside" the bridge depend on
processes located "inside" the bridge.
• Lift Bridge previously provided the only means of
access to the north side of the channel for railroads.
• Completion of Fulton Corridor provides a replacement
means of access.
6
Port of Corpus Christi Inner Harbor
Current Rail Access*
* In accordance with 1929 ICC Order ali three railroads
have equal access to north side of the Inner Harbor
7
Tule Lake Lift Bridge
(Circa 1959)
8
Tule Lake Lift Bridge
• Built in 1959 along with the Harbor Bridge at a cost of $6.5
million.
• Purpose was to replace rail service provided by the old
Bascule Bridge.
• Tule Lake Lift Bridge provided the only rail access to the
north side of the channel for all three railroads
• Allowed the Port to continue growing.
• Fulton Corridor provides a replacement route for rail
traffic.
9
Tule Lake Lift Bridge
• Under the Truman Hobbs Act, the Corps of Engineers
determined (August 1953) that the Bascule Bridge was
an "unreasonable obstruction to re navi ' aio"
• Federal government contributed S4.1 million for the cost
of a new rail bridge to be built at the same location.
• Local governments paid $2.4 million to cover added cost
of relocating the replacement bridge to the west.
• Port of Corpus Chri
Tule Lake Lift Bridge
• Operation costs average $1.1 million per year.
• Owned by the City.
• County operated the bridge from 1959 - -1998.
• Port has operated the bridge since 1998.
• Cost - sharing has changed over the years.
➢
1954 - 1984 33.3 %133.3% /33.3% (Port, City, County)
➢19$4 -1990 50%/25%/25% (Port, City, County)
> 1990 -1998 70 % /15 % /15% (Port, City, County)
1998 - Present 100% (Part)
11
Tule Lake Lift Bridge
• Lift Bridge was overhauled in early 1990s at a cost of $11.5
million.
• Prior to Sept. 29, 2006, bridge went up and down 35 times a
day X561 dynes in 2005).
• In 2005, major structural cracking discovered in the lifting
system (sheaves and shafts).
• Concerned that bridge could fail and block channel for
ships as well as rail and trucks.
• Replacement parts were ordered for South Tower in
November 2005. Parts have been ordered and received.
• Cracking has been discovered in the North Tower sheave.
Parts are not in stock.
12
Tule Lake Lift Bridge
Sheave & Shaft Repairs
(song Tower)
138' vertical Clearance
QD Wide ba nne .- . ; .
3' Between Fenders : =
2 Vehicular Lanes
1 Railroad 'Track
Tule Lake Lift Bridge
13
14
Inside a Sheave
Growth in Sheave Crack
Cracks in Sheave
17
18
Outside of Sheave
19
Southeast Outboard Sheave
CrackLocation& Depth
Length of Crack O.5"
Depth of Crack 0.632"
Notes from Conam losnectiou
Five Cracks Around Shaft
Depth Ranges from .5" to ,9"
i Length Ranges from 8" to 20.5"
22
Cracks in Southeast Shaft
Cracks in Southeast Shaft
23
• Cracks have nearly doubled in size since Sept. 2006.
• Largest crack (depth) has grown from 0.465" to 0.867 ".
• Combined lengths of cracks now cover 71 % of total shaft
circumference (55.8" cracked versus 70.7" total).
• Original 20" shaft has lost 17 % of cross sectional area and
23% of its strength (torsional).
• When the cracks double in size a ' ain, the shaft will then
have lost 44% of its strength (torsional).
• Failure is certain to occur before then.
24
y i�: -. {.: _;�.:;wP:x:`• �!.'�': �>�i 'is.iti.:!:= ;"-:.-;$. 4'r_! :q,�'•.,�,,,z.^^: ; a r .,.. _ _ ;' }�. x i�{
-'K .;
�� }4 �'° �,» -.`. t! ~r :?Si: '.�" {,.. : °rs'.'�rtia,' °yxi• =4. ' �`.�'.
_{ki4 rJ�- ...r.ix"'"i(a- "-"...;
�
:�t_t :;�_r'�: �:_ =x= t .. .. y- .�''S.� ="F :.,:� �� � t'�'� : • ;i-.: k "^ �Y.4,- eye. ,c_ -:`::. g: . �';.. °*.tk.N�: _ �•s"ci's-4s_ .'r�;' -�::;° .sr; r- r•x;,•• ••-•'•k:� }}
..:i: .1?:t4 x -� �ir�r� =- ^�'"'��. <i3_ :'$:+- z. �i' e- "i °r,- '�{'� �'� •'t•,: � "�`�' S"'� - =�:'
•'-
' -���: -w. ". r'��ro3;s -r .�.`r'}, �' o '�Vp.• =���' 4y S� �S�3i' :¢w A�,e .'. �-: ,.
d..tr;:��,:.',a� 2' ,)':{• }�k ��" '- ;s�'w..- �;+r.. :''' s:' ?IE„ :l.µ :�r:"k s�"�i`�.�"•• - xi> eF�i�i ..':,.:' ;,--= s���:.SE�:,.:.:
%i:.
x ems+ •dry • .`•:-...w i.», t.
. >;;� " €K � R�...�" •q�� _!�.%`- : r # _. i�... .� *'':� a: -'icy , n`•,. " - .6•F.. �'��: ak#4.t"�.� `� �,"x?�a:'<` .��° � '.:
�;e,t�,x.- `[i '��� `• >s¢ , ''�:��' s: r:' '.+ &_ ;�. 3':.y<i3`#3��t -��j�''�. .sa3 >� <..1�' : �. x' t'. ,.
:.K:iy Y,e*.S'y, -•'�
,oa,a �"._... ",.2 €� °�k'.i "�L R•'�'o-�- k:�;• .a %`•� � :s.¢ r.S� x 2: �};�•..�!;• _.S�``ry'SS..
' �c
'3.. w:.:._; :d} �
' ;-��� r- �•{�'Y '�' Yv �s f`�_FF � �.#'#':'�; ." ;. :. .r.� :.
i
,��% " -.�:'o _ tr.��g � �.,� -'�''�� °�k,..:4,_�'. •5 �'$".� ,[' .+. Y ��r?Fx+&'� °-: � - its" �3,�: "� Y _ k�;. -}" .
r
•} r k: { .''. °I} t�w�• .s..� "b � }'�S� ` � f h '- �'���r:'�.�_ "G`. •-` k _.•��";` �° -,v� k �-.- ,�' ��'. -•�- � ;�}f'" :-,x- '�? . y e'c !� w E ys f. �'°'
ry 4 {• _ ; r „^ Y 7 _ '..i
�F+ '�];te:: ' ,'� }^` ' ' `. Y. Sk�C }�N.R a:.e i �. '. x ..' � . f�> " .' ' . .�, �'v : � �� ` .� b+` 5:, '.a. =w ..�. # - "� t {+ G �, , M1 #. 5 : ��� ti -'. '- ��{ . �'; . , � . .4'Y . � Y i ' " :� 1 �kr � '.i�,. x ' ;:. s + = �s{ -. . �.'d � x • ; . . f t "8� ".� ' �tl`' t a � .r. '� r Y `" > r �{..r :� ^. hi o- r � a_ ex . .!_:• w {S; ., -i y��_ �S' .LL _}} � '' � � -� . ,x � '�b p .+ + _x Y "¢ _ls �y9�ft: ��\f. =+a:� +�fix •�^n'- M1 +� 3 . + .3 _ >.' . : �Jr af� . ' E' � a° r ' / � ;. � y� i,_ . T ; 9 . s{Y _ �4 `'� . ,}: �'- ' •. ~ Y c . x ?- a �. . ` + ; ss. �y_ �'x ?5. '. � - _ . �' "".}f£�,, . , ti�} �� k3e rey- 6e '� .. : { �r ! ' y> . �-.Y ' .u�v'�`- e' 3 a �,ti. y. `' �x �:'' p _ : � � A�".' •'r� . T � _ ,. � . � = � ,4:: � Ft ; e '�.
•
_,ir:?:'.G.y_fc.K1:. _. ..v ,^- '"C Sw! ' �_ l. rt•'ry,,•• -. st .:.,_ ¢ .,_i .k s" K; . � ,_ • � ' "'FM1 — , "- S;2 4r.'i t •ri: ::q,, ytr .,_rx
��i { ...,_+t;'>7Sker ._ r ,•.,{_¢ r? ° �4',xF�' "'- .'c" '�,';' 4 3 1- y. • Rq :,c._vsr
{ IY"-- 'R,,yL�F.= v4 �t: ,f . :x 4{Y #r�� ' 2'
• � 4"" i r '�` p � •...T
}- .`,''-%
''` #�f
. :-�wiM1t° wS,,{.�4v {. . bt ._;. Lr ;.:o-. t�.< xr,`!G, ;: i Y�
i "v �kk .�•
'^li.�t_4,::�
f''� � � v 5 E' .Si .=. t Cf :°: g 4 '.r. 7 y - . . °_ }- � � a .v ! ” _ s; ;• ; , ..� .r ._ ?: ?e? •.g.` .�mo '�?7b�� T " � ="icw;x.txt '?d [ , � :. };. � v. ',� , . Y-y rf �, .' � � �. } :,:� L.� � tf � �. Er}3 r�e ',k e� a.y�"- x' �'.t a }r �t` .�Ys'. �- ca "�� - " �� * *. _ x . '> : . . � w .a�x':f'�,:x�y,� '. ,}l,e . S=.:,#M7' r ' a _ ° x ry 1_ •. ktt�''�.,_ : °tAV
5 � t i Y •.: Y w {zf- '' # x4.:r' . : '`43� r :_°r�k� � y o- ';^e' :
.x`.�yF 3; " °t . ° • ."f'tz'v." . , s°; : ee}: � { •.°'.' . .e E{. . y 4'ite;3ti
:`" f. .
�Y' '°' ` , � k o3:'o- ;*1 4?,.f¢
' "T.:} : . `^ "`^•' ti V,. ., ap '+£ks:_G p} s��' -' ,£r-;: �c" .i-!',i, x':'K ; e :
Tule Lake Lift Bridge
• Examined all repair alternatives (up position, down
position, remove & reinstall). Estimated time one
week to ten days for each support tower.
• Coordinated with industry, City, County and
TxDOT.
• Jjrepair options require length channel closures
which would shut down local industry.
• Decision was made to:
• Discontinue road traffic; allow only rail (approx. 5/day).
• Change went into effect on Sept. 29, 2006.
• Expedite Fulton Corridor rail construction.
• Monitor bridge condition.
Tule Lake Lift Bridge
(Since Sept. 2006)
• Industry has adapted to removal of truck traffic.
• Cracks in sheave and shafts (South Tower) have
continued to brow.
• Now cracking in North Tower (east sheave) is also a
concern.
• Do not have parts on hand for North Tower.
• Fulton Corridor rail is now complete.
27
Tule Lake Lift Bridge
• Bridge failure is certain — only a question of
"when" not "if."
• Worst case scenario is for bridge to fail and jam in
the part -way up position.
• Ship traffic will be blocked; rail traffic will be
halted.
• May take two or more months to remove the span
if allowed to fail.
• This is the Port's "Levee around New Orleans."
28
Tule Lake Lift Bridge
• On June 12, 2007, Port staff briefed the Port
Commission on the following:
• The bridge has reached the end of its economic life.
• Continued operation poses an unacceptable risk to the safe and
efficient operation of the Port.
• Removal al i now necessary for the continued growth oft the Port,
• The Port Commission directed staff to:
• Prepare plans for the removal of the bridge.
• Proceed with removal as soon as all agreements are in place.
• Plans for removal will be ready in November and
bids should be available in December.
• Renioval could begin in February or March.
29
Tule Lake Lift Bridge
• A similar type lift bridge in LaSalle, Illinois, failed in July
1970.
• Mode of failure was a break in the shaft.
• This break occurred in the inboard side of the shaft.
• Report stated that had the break occurred in the outboard
side of the shaft, "a catastrophic failure could have
occurred."
• The cracking occurring in the Tule Lake Lift Bridge is on
the outboard side of the shaft.
• The Tule Lake Lift Bridge could experience a catastrophic
failure that would close the Corpus Christi Ship Channel
for a long period of time, perhaps months.
30
Impact on Local Industry & Nation
• All three local refineries have production on both
sides of the bridge.
1 Failure of the bridge in the part way up or down
position would cripple all refineries.
• Local refineries provide:
➢ 5% of nation's refinin � ca • aci ._
• Local refineries supply:
➢ 90% of jet fuel to Dallas- Fort Worth airport
➢100% of��soline to Austin
▪ Refinery closures would have a nationwide impact.
31
Tule Lake Lift Bridge
Removal is Necessary
Sheave & Shaft Repairs
= (South Tower)
138' Vertical Ova
200' Wide Channel
300' Between Fenders
2 Vehicular Lanes
1 Railroad Track
Large Tanker
"Threading the Eye of the Needle"
32
Rail Access Issue
• UP and BNSF have access to the north side of the
channel.
• The Tale Lake Lift Bridge has to be removed.
• Fulton Corridor provides alternative to the Lift Bridge.
• KCS needed "equal access (replacement access) to
north side.
• UP's rights to serve south side customers will not be
diminished.
• UP has recently agreed to give KCS access.
* 1929 Interstate Commerce Commission Order
Port of Corpus Christi Inner Harbor
Replacement Rail Access
33
Tule Lake Lift Bridge
• Port Industries of Corpus Christi (PICC) have been
consulted with about closure
• PIcc supports closure & removal of the bridge
• Kansas City Southern (KCS) Railroad has
commissioned their own inspection
• ICCS's engineer has stated:
"Cracking has reached critical status"
"Bridge should be taken out of service"
• On September 11, 2007, the Port Commission directed
staff to close bridge.
• Bridge operation ceased on September 15, 2007
September b, 2007
TO: All Port Comirisiioscrs
Re: ciosore_tm Koval of ke Tsk LAL iNt 8ridi,e
Dear Commissioner:
35
PORT INDUSTRIES ftsfilow
OF CORPUS CHRISTI
Member ampules of the port lsdastrks of Corps' Christi (MCC) ire blzkly depnd#nt os flee toner
Harbor Alp damsel for tie operaiiias of heir plants i ■ tits nee. 1■ addiiios lo receipt of the vast majority of
e red. ail sod oeber feedstocks, pea nets Man sfacirred by our members' facilities sub as gasoiloe. diesel, jet
fuel, aspbstt, sulfur, peftelerm coke sod various pelro bemicals are skipped islet the Inner Harbor Ship
Channel oil docks.
PICC is aware of the serials strsetnrat and meeissicai problems frith tilt Tile Lskt Lift Bridge. We are
very cotceried that the Tie Lake Lift Bridge could soddenly become speck is tit down ar part 'pray up
position. S this happen it would seriously impact our ability to strip sad receive raw materials and product;
by water. Such u occnrreocc would force air companies to carton operation sad suffer gut =monk
damages.
PICC reeomssasnds the Pert of Corps Christi Astboe#t7 disero biii. operation of the Tule Like Lift Bridge se
soon ss the r i l l portion of the Folios Corridor i s complete. We in rtber rscommesd that the Pert r ere the
Tstle bake Lift Bridge to Niles sorow iedieyr s / tie cAmoutif decreasing tie risk that the pilots reference sa
.tbreading the eye orate sidle. PICC filly supports distoasnios ibe bridge to decrease Ibis risk to
shipping.
Trask yea for your consideration
Sincerdy,
Mike Cain
President of Port lsdustries
Working for
a &danced
Partnership
Nr Wide
Wanse
MVO Resting &
Chemlcals, l.P.
DuPont
Semen& Chromium, LP,
Mint Rasourres, LP.
Ma rkWest Javelin& Co.
K wit &Wore Sermios, Ltd.
Lyandeil Denbo] Company
Magellan Ptielstreain Partners
A7rt of 02rg16 C
Authority
Sherwin Alumfro
ca
�# ■ ■■■■ ,
Topaz Power Group, UC
Valero
2Z2Power Street - 78401
P. 0. lox 1 — �7,�,, 3
Corpus lJ/ I
Phone: 361/8854206
36
Removal of Bridge
• Critical that Bridge be removed
Bridge is a hindrance to safe navigation
"Threading the eye of the needle" (Pilots)
Cracking could still get worse even in up position
Channel will be widened after removal
• Port Request to City
Approve Agreement for Removal of Lift fridge
Removal cost expected to be $3 to $4 million
The Port will pay for the cost of removal
City conveys title to the bridge to the Port
No cash pa meat required y city
37
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 9 2007
AGENDA ITEM:
Motion approving the 2007 Tax Levy of$7 ,790,741.58 based on the adopted tax rate of$ .563846
per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code.
ISSUE:
Section 26.09(e) of the Texas Property Tax Code requires the assessor to submit the unit's tax levy
to the governing body for fornai approval.
REQUIRED COUNCIL ACTION:
Approval of motion approving the 2007 tax levy as submitted.
PREVIOUS COUNCIL ACTION:
• Tuesday, July 24, 2007 — City Council adopted the City budget for FY 2007 -2008 based on
the proposed tax rate of $0.584082 per $100 valuation.
• Tuesday, July 24, 2007 — City Council voted to schedule September 11, 2007 for adoption of
the ad valorem tax rate of $0.584082, and scheduled two public hearing on the proposed ad
valorem tax revenue increase.
• Tuesday, August 21, 2007 — City Council conducted a public hearing on the proposed ad
valorem tax revenue increase.
• Tuesday, August 28, 2007 — City Council conducted a second public hearing on the proposed
ad valorem tax revenue increase.
• Tuesday, September 11, 2007 - City Council adopted an ordinance setting a tax rate of
$0.563846 per $100 valuation.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the 2007 Tax Levy of $72,790,741.58.
Cindy O'Brierill
Director of Financial Services
Attachments:
Background information
Certification of Tax Levy for Tax Year 2007
BACKGROUND INFORMATION
The Texas Property Tax Code establishes rules for approval ofthe tax levy. Section 26.09(e) ofthe
Code requires the assessor to submit the unit's tax levy to the governing body for approval. The tax
levy is the amount of current taxes to be collected for FY 2007-2008, which is derived by applying
the adopted tax rate to the certified appraisal roll.
The tax levy for 2007, based upon a tax rate of$0.5 384 per $100 valuation and a taxable value of
$13,110,832,851 is as follows:
IaxIyy onnpo a
$47,811,405 Supporting the City's maintenance and operations
111,502 Supporting the City's debt service
$73,924,907
76,070 Add: Late Rendition Penalty — Personal Property Accounts
(1210,235) Less: Over-65/Disabled Homestead Frozen Levy Loss
$729O342 2007 Ad Valorem Tax Levy
The 2007 tax levy reflects an increase of $4,559,994 over the 2006 tax levy of $68,230,748 and is
primarily due to the growth in valuations relating to new properfies. FY200 -2008 reflects the effect
of the third year of implementation of the over-65/disabled homestead tax freeze. The loss of tax
levy due to the tax freeze is $1,210,235, which compares to a loss of$650,651 reported in FY2006
2007 and a loss of $396,701 reported in FY2005 -2006. Also applicable to the levy this year is the
addition for late renditions penalty on personal property accounts. The Chief Appraiser may impose
a penalty on a person who fails to timely file the required rendition statement or property report on
all tangible personal property used for production of income that the person owns or manages and
controls as a fiduciary. The tax assessor shall then add the amount ofthe penalty to the amount of
tax imposed on the property and include that amount on the individual's tax bill.
In the F 2007 -2008 budget adopted by the City Council on July 24, 2007, the total tax levy
allocated to the General Fund and the Debt Service Fund was $72,046,515, or $47,478,278 and
$24,568,236, respectively. These amounts were reduced by estimated delinquent collections (3.3%),
the City's portion of the estimated Reinvestment Zone No. 2 levy, and the estimated levy Toss from
the tax freeze to arrive at the adopted FY 2007-2008 current ad valorem tax budget of $66,783,594 —
$44,618,838 for General Fund and $22,1 64,756 for Debt Service Fund. The tax collection rate, as
reported on the July 2007 Tax Collector Monthly Report from the Nueces County Tax Office,
reflects a current tax collection rate of 96.7 %, leaving delinquencies at 3.3 %, which is V2 of a % less
than the collection rate of 3.8% used for calculation of the FY2007 -2008 budget The law firm of
Linebarger Ooggan Blair & Sampson has the contract with Nueces County to collect delinquent tax
accounts. For the past two years, they have been very aggressive in their collection efforts, as
reflected in the higher percentage of collection rate. They have pledged to continue in their
aggressive collection efforts in the upcoming year.
After applying the actual loss as a result of the tax freeze as well as adjusting the delinquent tax
collections rate to 3.3 %, the revised amounts calculated for ad valorem tax revenues for the General
Fund and Debt Service Fund fall within the parameters ofthe amounts included in the FY2O 7 -2008
budget, and therefore do not require a budget amendment.
901 Sias .301
Orpw 'gyp 7I4024614
Qamiro 'Ronnie Canaks
Amstar and CoQactor
of Taxrs
CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2007
CITY OF CORPUS CHRISTI
Total Appraised Value et 100% oMarket Value
Lest Partied iremptims
Ag-?Jss account value Ibis and Dbau ants
Total Net Aid Value
Ale lit Ratio
Total Taxable Value
2007 Adopted Tax Rate
2007 Jed Valorem Tax Levy
I P: Owe led Homestead Frozen Levy Lon
Late Rendition Penalty PrNonc1 Property Accounts
2007 Ad Valorem Tax Levy
S 1,31,6,8p8
i__z41o434.o4:;
513,110,832.851
100%
513,110,832,851
.363846 1 100
73,924,906.60
1210,233.01
76 070,00
5 72,790,741.58
Sub minion of the Tax Levy for 2007 for approval by the City of Corpus Christi City Council
in acoordirica with Section 26.09(o) of the Texas Property To •erode.
legote
Ramiro R. Cutsh's, CTA
Nugget County
Tax Asusssor.o 1leotor
SWORN AND SUBSCRIBED AND SUBSRIDED TO
before Me at Corpus Christi, Texas this jlaiday of
Weber. 200?
Notary Publi tese ofTexit
(NV 1884307
ftv (361,) sae -aZa
DEMbiaMahatand
THE STATE OP TEXAS
COUNTY Or NUECES
The Tax Levy 11 hereby approved y the City of Corpus Christi City Council on this day of
Odor. 2007.
ATTEST:
Arrn■ndo Chaps, City Seorsty,
City ofCorpu$ Christi
4 Henry Oarrert,Moyor,
*
City of Corpus Christi
16
CITY COUNCIL
AGENDA MEMORANDUM
city council Action Date: tob r Zoo
SUBJECT:
Amendments to the Junked Vehicle Ordinarice to include recent updates of related State
law, and to strengthen local enforcement and abatement of junked vehicle violations.
AGENDA ITEM:
Ordinance amending the Code of Ordinances, Chapter 13, Article It, Division 2,
Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new
Sections 1348 through 13-45; providing for an effective date; providing for
severance; providing for publication; and providing for penalties.
ISSUE:
The amendments to the code of ordinances relating to junked vehicles are proposed to
provide for enhanced and effective code enforcement and efficient abatement of junked
vehicle violations throughout the City of corpus Christi.
Proposed amendments include the followingst #e haw u da
The noted state law provisions highlighted in this memorandum are only a few examples of
recent legislative updates that the city of corpus Christi will incorporate for local
enforcement of junked vehicles. These highlighted provisions are those that the city
recognized as being significant toward our purpose and enhanced efforts for enforcement.
• state Law now includes the option for a hearing to contest a junked vehicle notice
of violation. This aspect has changed from once being a mandatory step in the
enforcement process to a hearing upon request by the person receiving notice.
• state Iaw updates also include language that clarifies that a junked vehicle is
"resumed, unless demonstrated otherwise by the owner to be inoperable." This
statement shifts the burden to prove inoperability of a vehicle to the owner instead
of the code enforcement official.
Pr • osed amen meats incl ude the followi n b the Ci of Co . us Christi:
The new provisions proposed through this amendment of the city of corpus Christi's code
of Ordinances will incorporate current state Law and additional provisions that will provide
for Lmore stringent" requirements with regard to the determination of a junk vehicle and the
enforcement practices.
• The City of corpus Christi proposes a requirement that is more stringent than the
current State law in reference to the definition of a "junked vehicle" which will
require the vehicle to "not have /awfully attached to it: an unexpired license plate,
a valid motor vehicle inspection certificate." The State requires both the expired
license plate and the expired inspection certificate before the vehicle can be
defined as a junked vehicle. The City proposes to only require one or the other to
be expired in order to define the vehicle as junked.
• The City proposes to include a definition of an "inoperable vehicle" in addition to the
general definition of a "junked vehicle." This definition will clarify the various
aspects of an "inoperable vehicle" and further support the determination of a junk
vehicle due to "mechanical failure, breakdown, or disrepair, cannot be started,
driver,, operated, steered, or stopped under its own power without causing damage
to the vehicle."
• The City also proposes additional amendments that are more stringent than what is
required by current State law, specifically, the time frames in which a junked vehicle
may be placed on public and private properties before being classified as a public
nuisance. The State currently provides a time frame of 72 hours on public property
or public right-of-way; however, the City is proposing to restrict this time frame to 48
hours for local enforcement practices. Additionally, State lay provides 30
consecutive days on private property; the City is proposing to change this time
frame to 20 consecutive days for local enforcement practices.
• The City proposes to expand the language of the declaration of a junk vehicle as a
public nuisance to include bung "visible from an adjacent private property." This
amendment provides further clarification of the locations where a junked vehicle
becomes a public nuisance on private property.
• The City has included language to clarify acceptable methods for vehicle storage,
screening, covering, and enclosures of the vehicles that may qualify as exceptions
to this ordinance such as for collector and special interest vehicles.
• The City has now included a method for abatement of dunked vehicles by
utilizing qualified licensed salvage companies to remove the vehicle to a
scrap yard, a motor vehicle demolition, or other suitable sites operated by the
city, as necessary to accomplish the abatement, provided that any such
disposal shall be for scrap or salvage only
The Neighborhood Services Department researched junked vehicle enforcement and
abatement practices of other Texas cities such as the cities of Austin, Houston, El Paso,
Fort Worth, Plano, Dallas, McAllen and San Antonio. It was found that most of the cities
were utilizing the basic provisions of the State statute. The only significant differences
found were in the varying methods of abatement of the junked vehicles with a few of these
cities allowing reasonable time provided for the abatement by the vehicle owner, and other
cities providing options of abatement services for the owner which usually involved a cost
to either the municipality or the vehicle owner.
After thorough consideration of the current available City resources and the growing
concern regarding junked vehicles throughout the community, the Neighborhood services
Department decided to focus on efficient abatement with the direct utilization of salvage
companies. This method of abatement would eliminate a costly and complicated step in
the process of having to employ a wrecker service and coordinating a location/facility for
disposal of the junked vehicles which would include the following specific requirements by
the U.S. Environmental Protection Agency (EPA) for the proper removal of fuels and other
hazardous fluids and automotive parts.
With the direct utilization of qualified licensed salvage companies, the responsibility for
proper er dis osal is with the salvage company. We believe that this direct relationship with
the salvage companies will provide a financial incentive for the companies with the salvage
of metals and parts and will relieve the City of any related costs for abatement.
The City of Corpus Christi's Purchasing Division has recently completed a Request for
Qualifications (RFQ p rocess for area salvage companies to participate in the City's
Junked Vehicle Abatement Program. The companies that are qualified have met all the
licensing and insurance requirements ents of the state of Texas and the City of Corpus Christi.
The qualified companies will be utilized on a rotation basis and will be required to comply
with the established operational procedures as outlined to accomplish the provisions of the
Junked Vehicle Ordinance and the environmental regulations of the Federal and state
Governments.
REQUIRED COUNCIL ACTION:
The approval by the City Council of a first and second reading of the proposed amended
ordinance is required to effectually enact the proposed changes.
CONCLUSION AND RECOMMENDATION:
City Staff recommends the approval of the Code of Ordinances, Chapter 13, Article 11,
Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new
Sections 13 -38 through 13 -45. Effective November 1 , 2007.
Respectfully Submitted,
nne Morales Haag, ' ire or
• hborhood Services Department
Attachments. Proposed Amended Ordinance
Presentation
BACKGROUND
The Junked Vehicle Ordinance was last amended in August of 1985 to clarify time
requirements for compliance.
Records indicate that the enforcement of this ordinance was abandoned in 1993 by the
City of Corpus Christi's Code Enforcement Division due to budgetary restraints. It was at
this time that the EPA imposed regulations for the proper removal of gas tanks, air
conditioners, fuels, and other fluids before the demolition / salvage of the junked vehicles
could be conducted. The abatement services utilized by the City of Corpus Christi were
determined to be cost prohibitive with no other resources available at the time.
The City of Corpus Christi opted to utilize the open storage ordinance in lieu of the junked
vehicle ordinance which deemed junked motor vehicles a violation on private property
subject to Open Storage, Sec. 13 -22, Sec. (306.4) of the Code of Ordinances, Southern
Standard Housing Code, Chapter 11 and 111. Failure to comply with the open storage
provisions constitutes a criminal violation with possible fines being assessed by Municipal
Court, but the ability to utilize abatement procedures for junked vehicles is not permitted
under the current open storage ordinance.
Therefore, code enforcement officials would send notice of the junked vehicle violations as
open storage, making the vehicle owner directly responsible for the removal/abatement of
the vehicle with no abatement methods in place if compliance is not met by the
vehicle /property owner. Thus the junked vehicles would remain (in many cases) on the
private property with only the continued enforcement of assessed fines imposed by
Municipal Court as a penalty for the continued violation and motivation for abatement by
the property owner.
Severs! attempts have been made by the Code Enforcement Division and the Police
Department over the last 10 years to resolve this growing issue in our community but were
all abandoned due to the challenges of financial and resource restraints.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, S, CHAPTER 13, ARTICLE 11,
DIVISION 2, JUNKED VEHICLES, BY REPEALING SECTIONS 1348
THROUGH 3 AND ADOPTING NE W SECTIONS 1348 THROUGH
13-45; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERANCE; CE; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR PENALTIES.
BE IT ORDAINED ED B THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 13-38 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and
Neighborhood orhood Improvement, Article 11, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13-38 is enacted to read as follows:
Seen-43-38,Defin-Wons-,
(1) Th
i
"Sec. 13-38. Junk vehicles declared to be • ublic nuisance.
"(a) ALynkevehicIe, including a part of a junked Vehicle, that is visible at any,
time of the ear from a • ublic • lace • ublic ri • ht -of -wa or ad'a ernt • rivate
r rty:
"(1) is detrimental t _t _ a y__arid welfare of the public
"(2) tends to reduce the value of private property;
"(3) invites vandalism;
"Lit creates a fire hazard:,
(1 5 is an attractive nuisance creatin • a hazard to the health and safet o
minors.
"(6) •reduces urban bIL•ht_adverse to the maintenance r d continuing
�eveloprnent of the i t
"(7) isa u li nuisance.
"(b) A juriked vehicle in accordance with the • rocedures for abatement and
removal in Chapter 683 &the Texas_Trans•ortation Code and as defined herein,
is declared tro be a public nuisance subject to regulation."
SECTION 2. Section 13-39 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement,. Housing and Housing Premises Standards, and
Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13-39 is enacted to read as follows:
i
e
i
"Sec. 13-39. Definitions.
Antique a hiQ/e means a passenger car er truck that is at least twenty-five
Z5iyeaIQ!t
EHord216.doc
Page 2 of 11
13) Lnoperak/e means duje to mechanical failure re d isr _ air,
cannot be started driven, operated, steered, or stopped under its own ower
ithout causing daa a to the vehicle.
" le means a vehicle that is self -: ro ell d_o f any a►rt her s
Vic) Junes vehicle _ _-
which is in view and
I does not have lawful! attached to It:
"P an unexpired license - 1 . or
"g3) _a .valid motor vehicle inspection certificate.
"L2) is:
"iA) wrecked dismantled or partially i mantled or discarded: or
"LB) joprabje and has remained inoperable for more than:
'(i 4 consecutive hpur ,_ if the vehicle is on public
property, or public right- Lpf -ra ; or
"(11) 20 consecutive days, if the vehicle is on private
r eL
" i d ) Motor vehicle collector means a person who:
"ill owns one or more an igue or pedal interest r hicles; and
acquires:-collects, or d4piLsigs of an anticial r
vehicle or part of an antique or special jnterst veh cle for ersni use to
store and reserve an antique of gositinterest vehicle for historic
interest
r OrdTharviewi!1eapSVI$ib!eat_anytime of the year ror Lan ti rJg
wa ub1 ic
. ro . e or from • rirate . ro + e which is owned or occu • red b a
the roe orner r ocge of the property on which the
rsn other than � -
v hi
vehicle is located.
" Special interest vehicle means a motor vehicleo an a• e that has not been
crar from r • '
al man facu rer's s eccatI s and, _ a ause of its historic
reserved ahobbyi jnterstJi?eifl9. p
SECTION 3. Section 13-40 -4 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and
Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division
�
2, Junked Vehicles,
is repealed and new Section 13-40 is enacted to read as follows:
Pane 3 of 11
EHord l ,doo Page 4 of 11
`Sec. ' 3-0. #roernent* notice.
" a It e procedures for abatement aril - removal of 'unked vehicle must be
administered by code enforcement offic as s _in to ed by the Neighborhood
Services Qepartrnent _ ofthe City, or other agL_Larly salaried fulltle a le ee
of the Citypat Anna be- designated fam r e tir b the C4 Illlana er, a cep
that any hori ed er on r n rerr ove_ the nuisance;
" b Persons authorized_to authorized-to administer the abatement and removal Eocedures
may enter ypon private property to examine a Kinked v hi l a # ��r pr ier
to identiftie junked vehicle and to remove or direct the re ov junked
vehicle.
"(c) ollowi in a ti atlon ofgs_t__thfiq n ,lance the notice procedures set out in
this section must be followed for the abatement and removal of a unked vehicle
from pub i c or_p_rtmte property or ubli ri ht -of- AL
Paae 5 of 11
"(1 A notice must er nall delivered sent b,., ertifi d nail with a
fire -day return reQutd, or delivered by the United States Postal Service
wii signature confirmation service :
"(A) the last known wr registered owner of the nuisance:
B each Iienhold er of record of the nuisance' and
'IC) the owner or occupant of:
" i the To rt -orb which the nuisance _is located; or
{iii) if the_nuisance is located on a public_right-of7way, the
ffopertv adjacent to the right-of-waves
"(2) The notice must stater
"(A) the nature oft the public nuisance;
" f. that the nuisance rust be abated and removed not later than
the 10th da after the date on which the notice was •ersonali
delivered or mailed.
" C describe the right to re oast a hearin i and
state that rieg t for a e rin rust be made before the
I - peri d expires.
"1,3) ip_addition to the notice required under subsection 1 this
section a code enforcement official, or other erg to ee designated by the
y
QJjtyManager, -ma r securel of it to a lunked vehicle, or part thereof, a
visibl dated, and brIghtIK colored notice that contains the information
re uird Erg- subsection c2 -f this section. The posting of the - - --
discretionary notice described in this subsection is net a condition or
requir r nent recedent tkAr_ roc edin t or action to abate a ppblic
nuisanc L arld p_13:jceeding or action is not void,. voidable or in apy nr 1
affected by failure to affix the notice.
"(4) Ifs post office address of the last known re itrd owner of the
*Linked vehicle is unknown a notice ma be •laced on the .unked vehicle
or if the owner is located, perso II r d ii Bred.
If a notice is returned undelivered, action _to abate the nuisance must
be continued to a date not earlier than the t 1 th da after the date of the
return."
EFlord216.doc Page 6 of 11
SECTION 4. Section 13 -41 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises standards, and
Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13-41 is enacted to read as follows:
user. 1 3.41 * e r rr a rel ca l r of 'need vehicle.
"(a) A person who receives notice of public nuisance under section 13-40(c)(1)
ma re nest a_hearing to determine whether a vehicle is a junked vehicle. n
request for a hearingi ust be made, in erson or in rritin o the r nunici al court
clerk not later than the 1 Oth clpy after the notice vra ersonall delivered or
mailed.
"(b) If requested in a timely manner, a r unici• i court judge shall holcri-ig
to determine whether a vehicle, or part thereof, is a public nuisance..
't(o) The h aria sh it be held not earlier than the 11th day after the date of
service of the notice.
"K At the Dearing, the junked_vhicIe velcie p.2,___Jmesql, unless demonstrated
othenNise by the owner, t __inoperable.
"(e) The r u icipal courts of the city may issue necessary orders to enforce the
procedures for the abatement and removal of a public nuisance.
"0) orderr uirin tlte- rnovakf the nuisance must include if the
information is available at the location of the nuisance; thevehicle's:
"(1) descr jtion.
"i2) -identification number; and
L3 license plate number.
r.
"(g) The relocation of u k d vehicle at is a_public nuisance to another
location within the City-Mier a proceeding for the abatement and removal of the
public nuisance has commenced shall have no effect pn the proceedin2 if the
junked vehicle constitutes a public nuisance at the new _location."
SECTION 5. Section 1 3-42 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and
a ■ ■to a PG J
Pony. 7 of 11
Neighborhood Improvement, Article II, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13 -42 is enacted to read as follows:
.._
`Sec. 13-42. Vehicles-not to be reconstructed or made o • era Ie; dis • sal.
"a A vehicle removed under the abatement and rmoylroedures set out in
this division ma not be reconstructed or made o•erable.
"Lb) Disposal of junked vehicle shall be by removal o a scrapyxcLa -motor
vehicle-demolisher or other suitable site operated by the Citi, as_necessary to
accomplish - the purposes orthis division, provided, that ansucti disposal shall
be for scrn,sternolition, or salvage only."
SECTION 6. Section 1 3-43 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and
Neighborhood Improvement, Article II, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13-43 is enacted to read as follows:
`BSc. 13-43. Notice to Texas Department of Tr rta i n.
" of to it rer noval a rip i e identiyfrig the junked y i ie or _part of the vehicle,
shall be i iven to the Texas De•artment of Trans.ortation b Nei • hborhood
Services Department err pl y o , r other emplovees d situated -by the City
Manaier,_notlater than five day s after the date of removal."
EHord216.doc
Paae 8 of 11
SECTION 7. Section 3-44 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and
Neighborhood Improvement, Article H, Building and Housing Standards Code, Division
2, Junked Vehicles, is repealed and new Section 13 -44 is enacted to read as follows:
"Sec. 1144. Ina fioa ility of divisions no exem tion.
"(a) The procedures for the aba ernent- and removal of a iublic n isan _nay t
of rto a ehile or vehicle
" that is completely enclosed in a building in a lawful manner and is -at
visible from public or private propertt or public right -of- wa ; r
"a) that is stored or parked in a lawful manner on private •ro.e in
connection with the business of a licensed vehicle dealer or 'unk and or
that is an aniaae or tai interest vehicle stored bjnotr vehicle
collector on the flector's property, if the vehicle or vile part and the
outdoor- orae area, Lrly, air:
" A n i nta ined in ark- orderly nan er:
no-a health hazard ; and
" C .preened from rd in k p 1 io view_by appropriate_me,.is
.
jiudinga nc fee ra ids rowing trees, shrubbery.or a for`rx -tip
cover desjgned a and manufactured specifically for vehicles.
it b Ajunked vehicle, or part of a junked vehicle, covered by a forr�p -- itt n
vehicle cover, is not exempt from the pro ed re _fcr abatement and removal."
SECTION . Section 1 3-45 of the Code of Ordinances of the City of Corpus Christi,
Chapter 13, Code Enforcement, Housing and Housing Premises standards, and
Neighborhood Improvement Article 11, Building and Housing standards Code, Division
2, Junked Vehicles, is repealed and new Section 13-45 is enacted to read as follows:
Page 9 of 11
"Se. '1 345. Offense; penalty.
taLAperson commits an offense if that person maintains _ u li nuisance as
described in this division.
1(
b An offense under this division is • unishable b a fine not to exceed two
hundred dollars ($200.0a
(1 c On conviction the court shall order removal and abatement of the •ublic
nuisance.
" d Are offense under this division its subject to the p n Ityr visions of Sections
1 -6 and 1-6,1 of the Code."
SECTION . The provisions of this ordinance take effect November er ber 1, 2007.
SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph, -
subdivision, clause, phrase, word, or provision of this ordinance, for it is the defi
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. Marez
Larry Elizondo, Sr. Nelda a Martinez
Mike Hummel] Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed to its final
reading n this the day of , 2007, by the following
vote:
Henry Garrett Priscilla a. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike H rnrnell Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of -.. , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: October 4, 2007
Eliza' - th R. Hundley
Assis ant City Attorney
for the City Attorney
Henry Garrett
Mayor
Paae 11 of 11
Junked Vehicle Ordinance
First Reading Ordinance
October 912007
1993 — 2006 - City opted to utilize Open Storage
1993 — City abandoned JV Ordinance due to
resource restraints for abatement (EPA
abatement program)
2
requirements)
Ordinance to regulate Junk Vehicles (no organized
-
Junked Vehicle Ordinance
Background
August 1985 - Junk Vehicle Ordinance amended to
clarify time requirement for compliance
1
Junked Vehicle Ordinance
r
T.
-
Junked Vehicle Ordinance
Amendments are proposed to provide for
enhanced and effective code enforcement
and efficient abatement of junked vehicle
violations throughout the City.
Amendments include recent updates of
related state law, and other modifications to
strengthen local enforcement.
4
Junked Vehicle Ordinancef
EX
State Law Updates:
Option for a Hearing, to be requested by JV
owner (no longer mandatory)
Proof of "Inoperability" is now the
responsibility of JV owner
5
Junked Vehicle Ordinance
Amendments by City of Corpus Christi:
gmit
City of
Corpus
Chtisti
Require expiration of either the license plate
or the vehicle inspection certificate
Include a definition of an "inoperable vehicle"
6
3
Junked Vehicle Ordinance
Amendments by City of Corpus Chrlstl:
Time frames a JV may be placed on public and
private properties before being classified as a junk
vehicle violation:
LI State Law - 72 Hrs. on Public Property or R -0-W to
City Ordinance - 48 Hrs.
State Law - 30 Consecutive Days on Private Property to
City Ordinance - 20 Days
7
1 ,' Junked Vehicle Ordinance
City or
Corpits
Chris Et
Amendments by Clty of Corpus Christi:
Expand the language of the declaration of a junk
vehicle as a public nuisance as "visible from a public
place, public right -of -way, or adjacent private
property."
Clarify acceptable methods for vehicle storage,
screening, covering and enclosures for collector
and special interest vehicles.
8
4
Junked Vehicle Ordinance
New Abatement Method:
Utilizing qualified salvage companies to
remove the vehicle to a scrap yard, other
suitable sites operated by the city, as
necessary to accomplish the abatement,
provided that any such disposal shall be for
scrap, demolition, or salvage only.
Junked Vehicle Ordinance
Abatement with Salvage Companies:
LJ El
iminate costly employment of wrecker services
Li Responsibility of proper disposal is with Salvage Company
including EPA requirements for removal of fuels and other
hazardous fluids and automotive parts.
La Financial incentive for salvage of metals and parts
City relieved of any related costs for abatement
10
5
Junked Vehicle Ordinance
Abatement with Salvage Companies:
Salvage Companies qualified — meet all
licensing and Insurance requirements of the
State of Texas and the City of Corpus Christi
Salvage Companies will be utilized on rotation
basis and will be required to comply with all
Federal and State environmental regulations
11
•■1■,11.t•P■MIN.WIN■
a
Junked Vehicle Ordinance
Standard Operational Procedure:
Day 1 Call in or Pick Up „IV Violation
Day 1-3 Scheduled Inspection — Place Notice on Vehicle
Day 2-5 Enter Case Data & Mail Official Notice of Violation to
Property Owner (if violation is verified)
Day 2-21 Re-inspection for verification of JV (48-Hrs on public
and 20-Days on private properties)
Day 2-25 Mali Official Notice of Violation to Property Owner
Day 5-30 10-Day Compliance Period for Abatement
of At by Property Owner
12
„ • .•
Junked
(owner Compliance Scenario)
Option #1: Owner removes JV
No further enforcement necessary, case closed
Option #2: Owner requests abatement of JV by City within the 10-day
compliance period
City coordinates abatement of JV with salvage co.
No charge to JV owner for abatement service, case closed
Option #3: Owner requests Hearing at Municipal Court to contest JV
notice
Order given by Municipal Court Judge to either abate or
dismiss case
City coordinates abatement of JV with salvage co.
No charge to JV owner for abatement service, case closed
13
Junked Vehicle Ordinance
(Non Compliance Scenario):
After the 10-Day Compliance Period
Option #1: On the 110, Day or thereafter
Re- inspection scheduled by Code Enforcement Official,
Non-Compliance is confirmed
City coordinates abatement of JV with Salvage Co.
No charge to JV owner for abatement service,
case closed
Option #2: Repeat violations
Re-inspection scheduled by Code Enforcement Official,
Non-Compliance is confirmed
City coordinates abatement of JV with Salvage Co.
Charges filed in Municipal Court with possible fines not to
exceed $200 per vehicle, plus administrative charges
14
7
1
- - • - - • - • -
Junked Vehicle Ordinance
October 9 — December 2007 —
Public Information and Education —
JV Abatement Program
November 1, 2007 - Effective Date
April 2008 & November 2008 —
Evaluation of At Abatement Program
15
Junked Vehicle Ordinance
QUESTIONS?
/6
17
CITY COUNCIL
AGENDA MEMORANDUM
City council Ammon Date: 1019107
AGENDA ITEM:
A. Motion to amend prior to second reading the Ordinance amending the Code of
Ordinances, Chapter 31 Noise, by amending Section 31-6(1), by adding HVAC systems to
the definition and revising the noise measurement process for related machinery.
B. Second Reading 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 (First Reading 9/25/07).
ISSUE: The ordinance requires updating so that noise issues may be better addressed within
the City code.
The ordinance is being amended between first and second readings to clarify one of the listed
exceptions found in 31-6(i). First, HVAC systems are included under the type of machinery that
can be measured. Second, the prior language called for measurement of noise from the
machinery at a distance of 15-feet from the machinery or the nearest exterior wall of a residential
or commercial building under separate ownership. However, because of the difference between
the location of ac units and vent systems on residential property versus non - residential property,
the language describing the 15-feet distance for measurement is being deleted and the section
is simplified to read that decibel meter measurement of noise from an a/c unit, heat pump, pool
pump or HVAC system will be taken at the nearest exterior wall of a residential or commercial
building under separate ownership.
REQUIRED COUNCIL CIL ACTION: Passing of the ordinance.
PREVIOUS COUNCIL ACTION: Ordinance section last updated in 1958. Present ordinance
passed on first reading on 9/25/07.
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 1 958. 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 wilt be the insertion of an allowable range for noise
measured in 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 cites.
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 , 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"
www.reliabilitydirectstore.com
2911 South Shore
Blvd. Suite 170, League City, TX USA 77873 Phone: 281 -291- 957 -5283 Fax: 281-334-4255
Sound Pressure Level Chart
Amplified Rock Music ---11
dBA
Normal al o versat- ion c 1 m
—60 dBA
Bedroom of a Country Home
—0 dBA
.100.1.190 Wain.=
111101110.180 Woe.=
11.10•11.7 0
MISOIRIESO eh. ova
r. ,.ouI o women
irposirsi40 no..ve
smoo.30 mu*our
•.. osi20 m.o
iipi aii o i i. ip.
_.0 u. 0 moos
Jet Taking of @ 60 m
—120 dBA
Tractor @ 15
- .-.-745 dBA
Quiet Living Room-40 Room-40 dBA
Sound intensity is measured in decibels (dB). Our range of hearing starts at dB and is
t
00 �
considered safe up to 70 dB. Over and above that level is hazardous and can result in
permanent hearing damage.
Some facts about dB's d at dB.
• Auditory nerves can be permanently damaged from prolonged �c our
• 120 dB can cause pain and ringing in the ear.
• Sharp pain 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
CHRISTI, 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
Sec. 3 zk efinili ne, and standards.
- ted _sound revel -means the sound • ressure 1- vel in decibels as
measured on a sound level meter usin! the Awei ! hting network. The level so
ral_i nated d r -A.
Entertainment Dis riot mons he -d . wnto r , bayfront, and poit areas
delineated in the EntertainpentDistrict Disttno of inplampate_yd
which is
reference -an s on file with the City Secreta '5 office.
Noise nuisan = mea s an loud imta in vein ! or disturbin sound
oriainaling from a nearb roe under s arate ownershi which causes
in u disco fort or di tres of a . - rson of r aeon; ble nervous sensibiliti- s or
an sound th*xceedsJiie maximum imu permitted _ - sound _levels _specified in
subsection 31 -3.
Lit2n-resider o aer� shall mean any real property that is n t Uncluded
idefIrjti9ngf n te - residential r as definedin thissectio Without
limitation the term includ - s ... erti that have b - en develo • ed • ther harp as
residential rperties, crokerties that Eire undeveloped,__aLld - -- rues that are
devotedto public streets and ' arks.
Residential croon shali mean spyreal • rooerty_develcved and used for
h man ha • = Lion that • n { ins liven facuht,e in ludin rove ions for sleepirig,.
eating,pokmg.aridsanftation. unless such premises are actual, red and
used primari f r pUposesptherthgnhumgn habitation.
Qyfld!e,yeLmeang hted sound • ressure level obtained
o _sound ievei meter and frequencyweightina network ass ecifi d in American
National - Standards !aIt!ite meditations for sound level m
- - - -- - - - -- _meters. I - the
fry uenc wee . htin ! em to ed is not indicated the A-wei! htin! shall a .. l
Soungjeve ! motor near an instrument which is used to measure sound
sure le ens.
oiaarm ariumeragion
La) The fpllowing a others not hereinafter enumerated erated are declared
to be "noise nuisan s " and are unlavtiful and in violation of the • rovisions � ors of this
division wh = n such acts are don - or accom • fished or carried on in such a
manner or with such volume Jntensr or with continued, duration so as to
anno to dis Tess or to disturb the ' uiet comfort or re ose of a • erson of
reasonable nervous sensibilfties, within the vidinitv_ or i e r ino thereoLqrso _aa to
endanger or injure the safe or health of humans or an ri1al or so as to interfere
with the h i l II being of humans or animal to end Hoer or 'Wm
personal or real
(1) The playing or • ermittin ! or causin ! the • la In of an radio
television Brun, juke box, musical instrument, sound amplifier 9r similar
Omice which producesi_reproduces. or am lifies sound.
(2) Theioeeping of any anirivi or bird, which make fie cent or
Ion oontl noise.
131 The cpntl ued or ire uent soundIr g of an hom or other s' Hai device
on an aut • mobile or vehicle motor cle bus or other vehicle exce • t as
a darner _signal.
Th - discha . e into th - o• :n air of he ex aust of a steam en ine
tationary internal combustion err ine orr o lie motorcycle, or other
motor vehicle or boat= - a ce t throe h r o installed muffler r other
device which regents In d or ex Iosive poise§ therefrom.
The crying,callin or shoutin in er on or a nechanical device
or _tfre use of arm whistle,_ rattle bell gonp1cIapper,harnm?r drqrn, horn
Iouds
ker or phonograph with or without r_arlmer, hand o an r
other • ev'' - 4 or instrument musicall or otherwise,
(6) Ttlp raucous shoutin ! whistiin ! eilin # sin
diers hawkers vendors or an other ersons.
The creation of any unreasonably loud = istur in
miss on any t i t or sidewalk a e ent to an
which i js fn session.
an • unnecessa
school, hospital, or court
Sec.31 Noi.vio1ationdecbeLigdIngs.. .
la__Itshall_ ke unlawful for any person IOQP!!JLlctLDemlJtI allow, or produce a
sound th t i i ma le b on the ro lines of the roe on which the
sound is,beg produced that, when measured with _a sound level meter using the
standardized freauency weighting as saecified by the American National
Standards Institute ex s the a • • li = bie dB A level listed below for the
pippertyofl which the sound is received:
(1) Sev_�nty (7OdB(A) betwn the hours of :01 a.m. and 11:OQpin
Sunday hrou h Thursda and between the hours of 7:01 a.m. and 12:00
mi �i ht on Fridayand Saturda
2 Si 60 dB A between e hours of 11:01 .m. and 8:00 a.m.
Sunday through_ Thursday and between the hours of 12:01 a.m. and 7:00
a.m. on Friday and Saturdav and between the hours of 12:01 a.m. and
La 8:00 a. . on Sunda
Eighty -Five £5)dB(A for sound that both originates from and is
received on proertvwithin the Entertainment Districtat all times.
- The d levels set forth in this -action a .Rj,v to the • ro • e where the
sou red is being received. AnLsound that when measured at the ' ro • e where
th - { . and i - • ein • - - ' ; • ex - • the • B A IeveIset9fthinissedionisa
violation of thischapter.
c An sound on inatin ! from C . le Park shall no exceed seven aci) 43161
when measured from an private • r i e
Sec. 314. Vibration.
It shall be u nia fu for an arson to create. maintain or cause muround
or airborne vibration which i rce_Dtible without iris meats by a person at any
oirp_a_n_affected property property in whiff the vibration
griymildpsated unless such activi is other wrls elated under state or
federal lay.
Sec. 31-5. Vehicular mounted so4nd amplification systems.
It shall beunlawMfor anv person operating or controlling a motor vehicle
in either a • ubli or • rivate lace within the to o erate a so nd am lifter
which is
radio, stereo receiver, corn • a disc Player. .
gLapsette player. or other s�rrnrlar device in the rotor vehicle in such manner
that wrh n o erated, - is audible at a distance of thirty 30 or more feet from the
roe or when .. erated cuses a person to be aware the vibration
accoring the sound in arty' location u�sid the confides of the vehicle
rittinathe sound noise or vibration.
&s. 31x. Exce f tion .
The of this division shalt riot i - -to;
a Th - emis i ion of sound for the • u • se of alertin • ersons to an eme . enc
or
fb Sound . roduced by emergency vehicles. or
Lciagitnd produced_by a vehicle motor with a _Dro.erl installed muffler while
vhij1 r�no r n on a ublic • lit-of-way, public tern i o roway, or
d Sound • roduced b an ! ovemmental bod in the rfrrnnce of a
agyernmentgal function.
:eL Sound en rat a seduled sdium event. b � -� �— - - -- - 'parade spectators
particjDaritson the wade route durrn' a permitted • ar rt • e- by outdoor
celebra ion • artici • ants s ' onsored or co -s • onsored b the for the enral
welfare of the ublic accept for the limitation in Sec. 313(c): ypqrisaj a # ■ *
aci ants usincnnns and gunfire during historical bad ran ctments for
which a te ro i)r*lc milt as beenobtalned and thiLexplosives have been
ins and a roved b the fir marshal. by - pyjotechnicdisDlays that are
Lnsi*ctetand a Drove•Pj.ate citifire marshal: al: or
SflqeneratedfromnorrnaI_activftie conducted on u t'
b �c l _roun
and public or vat_ _ school noun sjnclud ed but not limited to school athletic
and school entertainment events. or
Sound enerated b an a
reem ted b
state
r fed
IVI
in which the re ulation thereof has been
ral law includin
but not limited to sound • roduced
by aircraft jp flight: or
h - Sound geneated by of row such as lawn
mowing. provided _ theaities take lace from ; 7:00 a.m. to 8:00 .; pr
Sound • roduced b the o • er - tion of an air-cond' 'onin ! unit heat rrr •
1
C
1-1‘bri or swimming pooLmachinerywhich_doe doeo not produce a_ sound
ejsmcling s. e -, _ [,. -_ .d on resid s--
eventy A on non-
residential pro when rrreeu�rd at the nearest exterior wall- of a residential
or commercial building under separate o wnershi. • or
Sound ' roduced b construction o • eration = includin ! d molition re • air
excavation. and alteration during the hourrs_ f . o .m. and 8 :00 p.m..
urliess the work is of urgent necessityln the interest of ublic heaith an heagigncl safety.
sec, 31-7. Metjiod of noise measurement.
.
Whenever ! onions of thishapter probibertain decibel
lim t mea ureme t of said noise shall be made with a decibel meter m - - tin ! the
standards rest b the American National Standards In tiitute. Tie cs
aircraft and 'then tan, . - tion nol e sources and o er back ! round n • ises shall
n
be considered in talon
easurements exce
interferes with the primary noise being measured.
t here s ch 'sick
1
round noise
Sec.3i. Enforcement and Denaltiee.
LED _ - Any person, firm, or corporation rho io1ate an reviler j this article is
guilty of _a_ rxisdereanor and u n conviction is unishable b a fine as =Wed
in ection 1-6 of the Code of Ordinances of the C of C • • us hristi. Each act
of violation end each da of rioiation i n dared a se agate violation.
.
b An • erson firm • r co • oration who obstructs iron • = ' es or interferes with a
reor ser t t ve of - the - itywith a r resentative of c` de w rtr�ner t h
rnonitorjn ui n or with a ron vvho hakeeri ordered to abate
uant to this rticl - - rid who is lawful! en! ! ed in such rt • atement
i • ui of a misdemeanor and__ upon conviction... is punishabje by a fine as
provided in se !or 1-6 of the Codeof finances of the Ciiyof Co us Christi.
Each act of violation and each da of violation is considered a se grate violation..
(c) lr addition to roceedin under auttiprity, of subsect n a art - of this,
section the c is ent led to ursue all other criminal and civil rem - • ies to which
it is en `led under - giuthoriof statutes or other ordinances a. ainst a .erson firm
or co that in violation of this article.
sec. 31-9. ldentlfice of violator.
The persons _ responsible for violations of this article are identified as,
follows:
At tesidential • m
uest or tree
a
an
.;
An
resident
resent at the time of the offense and
asser with the abil
to control the level of noise at the time of
the own -when no resident is • resent at the tie of the offense.
b
em
1
At non- residential
Jo
In cha
1
1
ro
e and all
6-
An business owner
rsons in control or in
,•-
tor mana
er
ossession of the noise
nui lrrs rurne or rorpqr the ti _cif offen
fc) At any locati n with an ria en d noise r e o e _producing machine,
device rrtw erir I or orrrion o same, Anyersonwho leaves
-- -- - - --r
chi i
, nstrurneri #evice, animal. r_ any combination of
sarine , _ rhich_ tereafterjomr,j.nceproducingnoiseifl F violation of thl 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 . 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 2 54:day of , 2007, by the following vote:
Henry Garrett
Melody Cooper �.-
Larry Elizondo, Sr.
Mike Hummel! 1'`�" 4.
Bill Kelly a.
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mike McCutchon
-Cr)
-(÷1) - -
Pr e-
ft, ez._
That the foregoing ordinance was read for the second time and passed finally on
this the day of - -- , 2007, by the following vote:
Henry Garrett
Melody Cooper --
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mike McCutchon
PASSED AND APPROVED, this the day of , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to legal form a �5.� _� , .2007.
By:
Joseph Ha
Assistant City Attorney
For City Attorney
i..
g 1 c0
0 If
c,3 ,
1 i
. .
6) g
8 1
c e C
1
i
5 O
Q
5 Pa
2 g
LL g
O
Co
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 9, 2007
AGENDA ITEM:
Resolution supporting the use of 128 acres adjacent to J.C. Elliott Landfill by the Nueces
River Authority in partnership with the Coastal Bend Regional Parks Association for use as
a regional park.
ISSUE: The Coastal Bend Regional Park Association (CBRPA) has entered into a
partnership with the Nueces River Authority in the creation of a regional park. This
resolution further clarifies that the 12 acres could be made available to the Nueces River
Authority for the purposes of developing the regional park in conjunction with the CBRPA.
The landfill is expected to be closed in 2010 once the final cap has been installed.
REQUIRED COUNCIL ACTI : Support for further development of a regional park.
PREVIOUS IOUS C U CIL ACTION: The City Council approved a resolution supporting the
r ati n of a regional park by the Coastal Bend Regional Park Association on September
�e � p
28, 2004.
FUNDING: none
CONCLUSION AND RECOMMENDATION: Staff would like to recommend approval of
this resolution.
Sally Gav Director
Parks an• t ecreation
Attachments: Background
Site Plan of Regional Tonal Part
BACKGROUND INFORMATION
The Coastal Bend Regional Park Association (CBRPA) was established for the sole
purpose of planning, developing, and maintaining a first rate regional park, comparable in
size and scope to other large regional parks across the state and nation, such as
Brackenridge Park in San Antonio, Texas; Memorial Park in Houston, Texas; Zilker Park in
Austin, Texas; and, Forest Park in Ft Worth, Texas.
The Regional Park plan is oriented towards individual and family activities, and includes a
forested tropical park setting with streams, lakes, nature trails, jogging trails, biking trails,
equestrian facilities, picnic areas, foliage and gardens, and facilities for outdoor recreation
such as birding, tennis, golf, skate boarding, archery, camping, and swimming. The
Regional Park plan promotes cultural and scientific endeavors by incorporating wildlife and
botanical research areas, wetland restoration, educational facilities, conservatories,
statuaries, museums, entertainment venues, an amphitheater, and a farm and ranch
heritage center, and will use its best efforts not to duplicate existing programs in the
Coastal Bend. The Regional Park's zone is made up of fifteen counties, including Aransas,
Bee, Duval, Goliad, Jim Wells, Karnes, Kleberg, Live Oak, McMullen, Nueces, Refugio,
San Patricio, Victoria, DeWitt, and Calhoun Counties. The Regional Park will provide
outdoor educational, recreational, and eco-tourism activities for a population in excess of
750,000.
•
- Vfi +ai_C ilk'w4ri'�
- ty
•
- - 1 -
.,. c ELLIOTT LA N W L _
30E A.CRF IR4
,_
l
r
}
; " rr,,,, 1; - •y,.;,, +
'
.•. `
`i• •,,..t .
-
1
I .,
1.
` -
_`
Iy
•
4
.
.
_�
f USAGE MA
Page 1 of 2
A RESOLUTION
SUPPORTING THE USE OF 128 ACRES ADJACENT TO J. C.
ELLIOTT LANDFILL BY NUECES RIVER AUTHORITY IN
PARTNERSHIP WITH COASTAL BEND REGIONAL PARKS
ASSOCIATION FOR USE AS A REGIONAL PARK.
WHEREAS, in September 2004 the Corpus Christi Ci ty Council
passed
Resolution
Number 025966 supporting the creation of a regional
park by the
Coastal Bend Regional Park Foundation;
WHEREAS, AS, the Nueces River Authority, in partnership p with the
coastal Bend
Regional Parks Association, a Texas nonprofit corporation, has . r � � s expressed
interest in using approximately 128 acres of city-owned roe adjacent t property � � to J. C.
Elliott Landfill for use as a regional park available for p ublic use;
WHEREAS, the City Council supports creation of additional parks
.. s for benefit to
the citizens of Corpus Christi;
NOW, THEREFORE, BE IT RESOLVED B f THE CM( COUNCIL
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council supports the use of 1
. p acres adjacent to J.
C. Elliott Landfill by Nueces River Authori ty in p artnership with th Coastal fiend
Regional Parks Association for a regional park for the benefit citizens of the c�tiens of
Corpus Christi. The proposed land to be used is shown in r
attached Exhibit.
9 een and red on the
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: October 5, 2007
Lisa Aguilar
Assistant CityMorney
for the City Attorney
\LEG - J isa soI tlon 2 \Res- Regional Park.doc
Page 2 of
Corpus Christi, Texas
of 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper -
Larry Eli and , Sr.
Mike H m ell
Bill Kelly
Priscilla G. Leal
John E. Klarez
Nelda Martinez
Michael McCutchon
n
H: L ir- JR Lisa R s I i 2 '7 R s- Regional Park.doe
19
AGENDA MEMORANDUM
M
DATE: October 9, 2007
SUBJECT: Parkdale Library Renovations
&GENDALTEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Van Fleet Construction from Kingsville, Texas in the amount of
$790,547 for the Parkdale Library Renovations Project for the Base Bid and Additive
Alternate No. 1.
ISSUE: The Parkdale Library is over 45 years old and is the busiest branch of the Corpus
Christi Public Library System. It was originally constructed in 1961 and except for one
renovation in 1 991, there have been no upgrades to the facility since it was built. Currently
this library requires numerous renovations to maintain the facility and serve a diverse
population. Through generous donations by the William T. Neyland Estate and other key
donors, funds are now available for the proposed renovations. This project will provide a
new 2,000 square foot expansion to the existing library in addition to renovations to the
existing facility. The new 2,000 square foot expansion space is for a new children's library
area on the first floor, complete with new furnishings and restroom.
The proposed renovation improvements were coordinated in the design process with the
City Library Building Committee. The project advertised in August 2007 and bids were
received on September 5, 2007 with four bidders submitting a proposal. The low bid was
submitted by Van Fleet Construction of Kingsville, Texas (See Exhibit "G" Tabulation of
Bids). This construction contract will award the Base Bid for construction of the new 2,000
square foot addition as well as general interior and exterior renovations to the existing
structure and Additive Alternate No. 1 which will replace exterior windows and storefront
with impact- resistant windows, doors, and frames.
Additive Alternate No. 2 provides for the construction of the new book -lift shaft and
machine room. The contractor has agreed to hold the bid prices for 60-days on Additive
Alternate No. 2 in anticipated that additional donations will be acquired within 60-days to
fund this element of work.
The project is now ready to award; and requires City Council approval.
FUNDING: Funding is available from the Library DIP Fund.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
f
AC-
Herb Canales, •* ngel R. Escobar, P. E.,
Director of Libraries Director of Engineering Services
H:11-1OMEILYNDAS\ EMLibrary14336 - Parkdale LibrarylConstruction13 AGENDA M MO.doc
Additional Sup • ort Material:
Exhibit "A" Background Information
Exhibit "A4» Prior Project Actions
Exhibit "B" Project Budget
Exhibit "C" Tabulation of Bids
Exhibit "D" Location Map
H :1HOMEILYNDASIGENMLibraryi4336 - Parkdale Library\Construction13 AGENDA MEMO.doc
BACKGROUND INFORMATION
jBJECT : Parkdale Library Renovations (Project No. 4336)
PROJECT BACKGROUND: The Parkdale Branch Library is over 45 years old and is the
busiest branch of the Corpus Christi Public Library System. In 200 4, the City of Corpus
Christi Library Department was notified that it was named as a beneficiary in the last Will
and Testament of William T. Neyland. Upon the death of Mrs. William Neyland in October
2004, the library was designated to receive a cash distribution and beneficial mineral
interest in approximately 1,000 acres in Goliad County. To date, a total of $805,587.12
has been received from the trust. Additional funding to the Parkdale Library Project
includes contributions from the Friends of the Library, the CC Library Public Foundation,
and interest appropriations. Funds are being used to structurally and aesthetically improve
the library and expand the current capabilities of the facility. After completion of the
project, the Parkdale Branch library will be renamed to the Anita and W.T. Neyland Public
Library in appreciation of this generous donation.
pRQjECTSCRIPTION: The proposed renovations will provide a new 2,000 square
foot expansion to the existing library in addition to renovations to the existing facility. The
new 2,000 square foot expansion space is for a new children's library area on the first floor,
complete with new furnishings and restroom. The specific interior renovations to the
existing library include all new finishes (carpet, paint, ceilings, lighting), replacement of all
restroom fixtures, and new upgraded HG. Exterior improvements to the existing library
include landscaping, painting, ADA handicap accessibility, new emergency egress from the
existing building second floor. This work will be in accordance with plans, specifications,
and contract document.
8iDINFQRMAT1ON; The bids range as follows:
Description
Low
Base Bid
Construction of a new 2,000
square foot addition to the
existing library building as well as
general interior and exterior
renovations.
Additive Alternate No.1
Replace exterior windows and
storefront with impact - resistant
windows, doors, and frames.
Additive Alternate No.
Construction of new book -lift shaft
and machine room. Provide and
install new book -lift.
from
from
$732,547
$54,140
from
t
High
Architect
Estimate
$914,083 $701,000
to
$62,900 $30,000
$32,437
$53,000 $38,000
EXHIBIT A
Page 1 of 2
I1: H MEILYNDASI E ILibra 1438 - Parkdale Library\ onsiructlon\4 EXHIBIT A AGENDA BACKGROUND.doe
Additive Alternate No.
Addition of new fire alarm system.
Provide and install new full from $22,000 o $26,111 $20,000
coverage smoke detectors, pulls,
and alarms.
The City's consultant, Dykema Architects, Inc. and City staff, recommend that a
construction contract be awarded to Van Fleet Construction of Kingsville, Texas, in the total
amount of $790,547 for the Base Bid and Additive Alternate No. 1 on the Parkdale Library
Renovations Project.
The contractor has agreed to hold the bid prices for 60-days on Additive Alternate No. 2. It
is anticipated that additional donations will be acquired within 60-days to fund the
construction of the new book -lift shaft and machine room.
CONTRACT TERMS: The contract provides for the work to be complete within 180
calendar days of notice to proceed.
HAHOMBLYNDAS1GEMLibrary14336 - Parkdale LibranliConstructionVI EXHIBIT A AGENDA BA KOROUND.doc
ExHIBIT A
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Parkdale Library Renovations (Project No. 4336)
PRIOR COUNCIL ACTION:
1, December 14 2004 -- Resolution accepting a cash distribution from the William T.
Neyland Estate (Resolution No. 026056).
2. Janu ary 25 2005 — Ordinance appropriating up to $600,000 from William T.
Neyland Estate into the Library CIP Fund No. 3210 for improvements to the
Parkdale Branch Library (Ordinance No. 026128).
8. ) nub 25, 2005 — Resolution authorizing the renaming of the Parkdale Branch
Library to the "William T. Neyland Public Library" upon completion of improvements
to the facility (Resolution No 026129)
4. April 25 2008, — Resolution amending Resolution No. 026056 to authorize City
Manager or his designee to determine whether to retain or sell the library's
beneficial mineral interest as bequeathed to library by the Last Will and Testament
of William T. Neyland (Resolution No. 026752).
5. June 272006 — Resolution authorizing the City Manager, or his designee, to
execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which
provides the City with $88,000 for improvements to the Para dale Branch Library
(Resolution No. 026833).
6. AtAgust 29, 20 — Resolution authorizing the City manager, or his designee, to
execute a Gift g reement with the Corpus Christi Public Library Foundation, Inc.
which provides $4,492.87 to the City for improvements to the P arkdale Branch
Library (Resolution No. 026941).
7. u u t 29, 2006 — Ordinance appropriating $4,492.87 into the Library C1P Fund No.
3210 for improvements to the Parkdale Branch Library from; amending FY 2005-
2006 Capital Budget adopted by Ordinance Igo. 026188 to increase appropriations
by $4,492.87; and declaring an emergency (Ordinance No. 026942)
8. Seppber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the
amount of $148,994,509 (Ordinance No. 026997).
9. December 19, 2006 - Motion authorizing the City Manager, or his designee, to
execute a Contrast for Professional Services with Dykema Architects Inc. from
Corpus Christi, Texas in the amount of $86,856 for the Parkdale Library
Renovations 2006 (Motion NO. M2006 -422)
H:1HOM VNDASIGEN\L.ibrar?A338 - Parkdale LibrarylConstructionl5 tiISIY A-1 PRIOR PROJECT A TION .doc
PRIOR ADMINISTRATIVE ACTION:
1. August 26 2004 - Distribution of Request For Qualifications F No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
2. March 25.,_2005 - Addendum No. 1 to the Request for Qualifications F No.
2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-
local).
3. April 13 2005 - Addendum No. 2 to the Request for Qualifications No. 2004-
03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local).
4. July ,_ 200 — Distribution of Letter of Notification (L ON) No. 1 to the Request for
Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects (Parkdale Library
Renovations) ations to 19 architectural firms (19 local and 0 non- local).
H: HOMELYNDA \GENILIbrary%4336 - Parkdale Libraryl onstruction 5 EXHIBIT A -1 PRIOR PROJECT A TI N .doc
PARKDALE LIBRARY RENOVATIONS
(PROJECT NO. 4336)
PROJECT BUDGET
October 9, 2007
FUNDS AVAILABLE:
N eyl a n d Estate
Friends of the Library
CC Public Library Foundation
Interest Appropriations
ota
805, 587. 2
181,000.00
4,492.87
72,834.87
! • ■ ■ ■ ■ w • i • ■ ■ ■ ■ • • • • • r ! ■ • t ■ ■ r ■ ■ • ■ ■ ! • ■ . ! i • • • • ■ ■ ■ • t ! ■ ■ * . e t . ■ ■ ■ • • ■ • ! ! # ..... • ■ ■ ■ ■ ! • ! ! ■ • i t ■ ■ • • r ■ I I
t
FUNDS REQUIRED:
Construction Contract (flan Fleet Construction) $790,547.80
Contingencies 45,000.00
Consultant (Dykema Architects, Inc.) 86,856.00
Furniture 75 000.00
Testing (estimate) 14,470.00
Reimbursements 35,000.00
Public Art 9 ,500.00
Miscellaneous °Printing, Advertising) 7,500.88
... ���s�i��iiii ■tr•• ■ ■ ■ ■• ■itt•!r■•••! ■! #■ t• s• r•■•■■ a•!!M ■rt•i•••! ■ ■ *rr ■ ■■ ■ ■r!! ■ *!it•• ■■ $1,063,873.00
Exhibit B
f
IPROJECT No. 4398
r j t un U hib! xh ,33 , w
ROAD
1 H 37
PROJECT LOCATION
PARKDALE BRANCH LIBRARY
1230 CARMEL PKWY
CORPUS CHRISTI 7"X 78411
v.c) A42
F. I. 43
LOCATION MAP
NOT TO SCALE
PARKDALE LIBRARY RENOVATIONS
1
EXHIBITD•1
CITY COUNCIL EXHIBIT
CRY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 09/26/2007
20
AGENDA MEMORANDUM
Date: October 9, 2007
SUBJECT: Renaming the Parkdale dale Branch Library
AGENDA ITEMS:
Resolution authorizing the renaming of the Parkdale a Branch Public Library to the "Anita & W.
T. Neyland Public Library" as recommended by the Library Board upon completion of
improvements to the facility an repealing Resolution Ng. 026129 which previously authorized
the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library ".
ISSUE:
The library has received over $800,000 from the Anita T. Neyland Testamentary Trust
established by the Last Will and Testament of William T. Leyland. In addition, the City has
retained mineral interest in Neyland properties and continues to receive royalties. Mr. Neyland
directed that 25% of the Trust be distributed to the library upon the death of his wife.
On January 25, 2005 the City Council approved a recommendation of the Library Board to
rename the Parkdale Branch Library the "William T. Neyland Public Library" upon completion
of improvements to Parkdale. The recommendation was based on the historic nature of the gift.
It also continued the standard set earlier by the $1.84 million gift from Janet and Ed Harte which
established the Janet P. Harte Public Library in Flour Bluff. The Board wishes to amend its
recommendation to include the name of Mrs. Neyland who passed away in 2004.
REQUIRED El COUNCIL ACTION:
City Council policy states that "Final decisions regarding the renaming of City facilities shall be
the decision of the City Council."
PREVIOUS COUNCIL ACTION:
Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch
Library to the "William T. Neyland Public Library" upon completion of improvements to the
facility.
RECOMMENDATION:
The Library Board recommends renaming of Parkdale Branch Library for the Neylands.
Herb Canales
Director of Libraries
A RESOLUTION
AUTHORIZING THE RENAMING OF THE PARKDALE BRANCH
PUBLIC LIBRARY TO THE "ANITA & W. T. NEYLAND PUBLIC
LIBRARY," AS RECOMMENDED BY THE LIBRARY BOARD, UPON
COMPLETION OF IMPROVEMENTS TO THE FACILITY AND
REPEALING RESOLUTION NO. 026129 WHICH PREVIOUSLY
AUTHORIZED THE RENAMING OF THE PARKDALE BRANCH PUBLIC
LIBRARY TO THE "WILLIAM T. NEYLAND PUBLIC LIBRARY."
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!,
TEXAS, THAT:
SECTION 1. The renaming of the Park dale Branch Public Library to the "Anita & W. T.
Neyland Public Library," as recommended ended by the Library Board, is authorized upon
completion f improvements to the facility.
SECTION 2. Resolution luti No. 026129, adopted by the City Council on January 25, 2005,
which previously authorized the renaming the Parkdale Branch Public Library to the
"William T. Neyland Public Library," is repealed.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
Assistant Secretary Mayor, City of Corpus Christi
APPROVED AS TO FORM: l■ October 1, 2007.
IL. f _a
Yv T e Agu
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC to on