HomeMy WebLinkAboutAgenda Packet City Council - 11/20/2007CITY COUNCIL AGENDA
NOVEMBER 20, 2007
11:45 A.M. - Proclamation declaring December ber '1, 2007 as "World AIDS Day"
Proclamation declaring the month of November 2007 as the "Anniversary of Corpus Christi's Chapter of
Texas Society of Certified Public Accountants"
Swearing -in ceremony of newly appointed Board, Commission and Committee members
"At Your Service" Award, City Staff Recognition
AG ENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
NOVEMBER 20, 2007
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR LAI PHONES AND SOUND ACTIVATED D PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING C M ET NGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or ther information pertaining to your
subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concilio y cree que su ingl s es limitad , habra tin interprete ingl s spariol en Codas las juntas
del Concilio pare a udarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
Invocation to be given by Reverend Dr. Alien M sl an, Parkway Presbyterian Church.
B. �
C. Pledge of Allegiance to the Flag of the United States.
D. Cit y Secretary secrete Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Term Melody Cooper
Council Members:
Larry Elizondo, Sr. City Manager George K. Noe
Mike Hummell City Attorney Mary Kay Fischer
Bill Kelly City Secretary Armando Chapa
Priscilla G. Leal
Michael McCutchon .�
John E. Marez
Nelda Martinez
E. MINUTES:
1. Approval of Regular Meeting of November 13, 2007. (Attachment # '1
Agenda
Regular lar Council Meeting
November er 20, 2007
Page 2
CITY COUNCIL
PRIORITY ISSUS
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS:
2. Citizens Advisory Health Board (Attachment # 2)
G. EXPLANATION ATION F COUNCIL CIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. if deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H. CITY MANAGER'S REPORT
Upcoming Items
1. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The council has
been furnished with background and support materi
Agenda
Regular Council Meeting
November 20, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
4. Motion approving the lease purchase of two (2) steel wheel rollers
from Waukesha Pearce Industries, of Austin, Texas for the total
amount of $110,783.50. The award is based on the cooperative
purchasing agreement with the Texas Local Government
Purchasing Cooperative (TLGPC). The steel wheel rollers will be
used by the Street Department. Funding will be provided by the
City's lease purchase financing contractor. (Attachment # 4)
5. Motion approving a service agreement with AMTEX Security, of
Corpus Christi, Texas for Uniformed Guard Security Services for
City Hall, Frost Bank Building, Central Library, Greenwood
Library, Janet F. Harte Library and o. N. Stevens Water Treatment
Plant in accordance with Bid Invitation No. B1-0020-08 based on
best value for an estimated annual expenditure of $333,1 94.20,
of which $222,129 47 is required in FY 2007-200 8. The term of
the contract is for twelve months with options to extend for up to
two additional twelve -month periods, subject to the approval of the
contractor and the City Manager or his designee. Funds have
been budgeted by the using departments in FY Zoo -too.
(Attachment ## 5)
6. Motion approving the purchase of forty -three (43) police package
sedans, two (2) pickup trucks and two (2) cargo vans in
accordance with Bid Invitation No. BI-0019-08 from Barnes Crow
Ford, of Corpus Christi, Texas based on low bid and low bid
meeting specifications for a total amount of $1 ,035,232. Funding
is available from the FY 2007 -2008 Capital Outlay budget in the
Maintenance Services Fund, General Fund, and the Police
Department Crime Control Fund. All units are replacements.
(Attachment ## 6)
7.a. Motion authorizing the City Manager or his designee to enter into
a Memorandum of Understanding with the Office of the Attorney
General - State of Texas/Internet Crimes Against Children (I CAC)
(Southern Texas) for funding available under the ICAO Task
Force Program, and to execute all related documents.
(Attachment # 7)
7.13. Ordinance appropriating $9,500 from the Office of the Attorney
General - State of Texas in the No. 1 061 Police Grants Fund for
the Internet Crimes Against Children ICAO Task Force Program.
(Attachment ## 7)
Agenda
Regular Council Meeting
November 20, 2007
Page
c1TY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
8. Ordinance appropriating $202,550 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State
Fiscal Year 2007-2008 program income to fund laboratory and
public health services for the period of September 1, 2007 through
August 31, 2008. (Attachment # 8)
9.a. Resolution authorizing the City Manager or his designee to accept
a grant for $678,200 from the Texas Department of State Health
Services to provide for the Women, Infants, and Children (WIC)
Program, based on an $11.22 reimbursement for each participant
served, and to execute all related documents. (Attachment # 9)
9.b. Ordinance appropriating a grant for $673,200 from the Texas
Department of State Health Services in the No 1066 Health
Grants Fund to provide for the Women, Infants, and Children
(WIC) Program, based on an $11.22 reimbursement for each
participant served. (Attachment # 9)
10. Ordinance transferring $70,000 (that was appropriated in the No.
3160 City Hall Capital Improvement Program (CIP) Fund for
relocation of the Ropes/Steamboat House on October 30, 2007
by Ordinance No. 027462) to and appropriating in the No. 3280
Park Capital improvement Program (CIP) Fund; changing FY2007
Capital Budget adopted by Ordinance No. 026997 by increasing
appropriations by $70,000. (Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
an Annual Joint Funding Agreement with the United States
Geological Survey (USGS), United States Department of the
Interior, for the continuation of surface water data collection and
limited studies by the USGS for the City's water supply activity;
and providing for the City to pay the USGS the amount of
$240,950 out of a total project cost of $299,725 during the
Federal Fiscal Year October 1, 2007 through September 30,
2008. (Attachment # 11)
12.a. Resolution expressing official intent to reimburse costs of South
Guth Bali Fields Relocation Project improvements. (Attachment
# 12
12.b. Ordinance appropriating $750,000 from Unreserved Fund
Balance in No. 1020 General Fund for land acquisition and design
Agenda
Regular Council Meeting
November 20, 2007
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summer
13.a.
work relating to the South Guth Bali Fields Relocation Project;
changing FY 2007 -290 Operating Budget adopted by Ordinance
No. 027352 by increasing appropriations by $750,000.
(Attachment ## 12)
Ordinance appropriating $43,999 from unappropriated settlement
proceeds in the No. 3169 City Hall Capital Improvement Program
(CIP) Fund, transferring to and appropriating in the No. 4670
Development Services Fund for Consultant Services for the
Performance Improvement in the Northside Redevelopment Plan
Project; changing the FY 200 6-2007 Capital Budget adopted by
Ordinance No. 026997 by increasing appropriations by $43,009;
changing the FY 2007 -2008 Operating Budget adopted by
rdinance No. 0273 2 by increasing revenues and appropriations
by $43,000 each. (Attachment # 13)
13.b. Motion authorizing the City Manager or his designee to execute
a Consultant Services Contract with Civic Design Associates, of
Houston, Texas in the amount of $136,710 for the Northside
Redevelopment Plan Project. (Attachment # 13)
14. Ordinance appropriating $19,364.89 from the LaMarr Womack
and Associates, LP contribution to Wastewater Capital
Improvement Program (CIP) Fund No. 3430 for the Up River
Road Reconstruction Project No. 6265; changing the FY 2006-
2007 Capital Improvement Budget adopted by Ordinance No.
026997 by increasing appropriations in Wastewater CI P Fund No.
3430 by $19,364.80. (Attachment ## 14)
15. Motion authorizing the City Manager or his designee to execute
a Job Order Contract with Nuway International Inc., of Corpus
Christi, Texas in the amount of $142,471.94 for a 19 -foot wide
concrete trail as part of the West Guth Park Trail project.
(Attachment ## 15)
1.a. Ordinance appropriating $178,990 from the unappropriated fund
balance in the No. 1 020 General Fund for replacement of the Ben
Garza Gymnasium HVAC System and associated expenses;
changing FY 2007 -2008 Operating Budget adopted by Ordinance
No. 027352 to increase appropriations by $178,000. (Attachment
# 16)
Agenda
Regular Council Meeting
November 20, 2007
Page
cITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
16.11 Motion authorizing the City Manager or his designee to execute
a construction contract with Malek, inc., of Corpus Christi, Texas
in the amount of $143,015 for the Ben Garza Gymnasium HVAC
Systems Replacement 2007 Project for the total Base Bid and
Additive Alternate No. 1. (Attachment # 16)
17. Motion authorizing the City Manager or his designee to execute
a construction contract with Highway Technologies, LP, of Corpus
Christi, Texas in the amount of $140,110 for the Citywide Street
Striping and Pavement Marking Contract for a period of one CI)
calendar year 12 calendar months) with an option to extend the
contract for up to two (2) additional one (1 calendar year terms.
(Attachment ## 17)
18. Motion authorizing a permit for the temporary closure of shoreline
Boulevard between Peoples Street and Lawrence Street on
Saturday, December 1, 2007 from 8:00 a.m. to 11 :30 p.m. for the
Annual Harbor Lights Festival and authorizing the City Manager
or his designee to issue a permit for the temporary closure upon
meeting the conditions and requirements for permit in Section
17. Attachment ## 18)
1. Ordinance authorizing the City Manager or his designee to enter
into a 38-month Commercial Lease Agreement to lease from
William Dennis Haller, 111 a warehouse facility located at 1921
Mestina Street, for a term beginning December 1, 2007 and
ending January 31, 2011; approving prorated lease payments of
$2,400 for the first two months (December 1, 2007 to January 31,
2008); approving payments of $28,800 for the first year (February
1, 2008 to January 31, 200 9); $29,664 for the second year
(February 1, 2009 to January 31, 2010); and $30,552 for the third
year (February 1, 2010 to January 31, 2011. (Attachment # 19)
20. Ordinance abandoning and vacating a 1,964.88-square foot
portion of a 10 -foot wide utility easement out of Lot 1, Block 1, Del
Mar College East Campus; located approximately 370 -feet north
of the Edwards Street public right-of-way; requiring the owner, Del
Mar College District, to comply with the specified conditions,
(Attachment#20)
Agenda
Regular Council Meeting
November 20, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda surmar
21. Ordinance abandoning and vacating a 110.20-square foot portion
of a 7.50 -foot wide utility easement out of Lot 7, Block 7, The
Lakes Unit 5D, adjacent to the Lake Apache Drive and
approximately 80-feet northwest of the Lake Travis Drive and
Lake Apache Drive intersection; requiring the owner, Ronald A.
Voss, to comply with the specified conditions. (Attachment # 21)
22. Ordinance amending the Code of Ordinances, Chapter 53, Traffic
by allowing for the creation of limousine stands; providing for
publication, providing for penalties. (Attachment # 22)
23. Ordinance amending the Code of Ordinances, Chapter 33,
Offenses and miscellaneous provisions by prohibiting urinating
and/or defecating in public; providing for publication, providing for
penalties. (Attachment # 23)
J. PUBLIC HARING :,
24. Proposed FY 2008 Capital Budget and Capital Improvement
Planning Guide. (Attachment # 24)
(RECESS REGULAR COUNCIL MEETING)
K MEETING OF are' CORPORATION:
25. CROSSTOWN COMMONS DEVELOPMENT CORPORATION
(Attachment # 25)
AGENDA
CROSSTOWN COMMONS DEVELOPMENT CORPORATION
REGULAR MEETING
Date: Tuesday, November 20, 2007
Time: During the meeting of the City Council beginning
at 10 :00 a.m.
Location: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Agenda
Regular Council Meeting
November 20, 2007
Page
L.
1. Cit y Secretary Armando Chapa calls roll.
Board of Directors Staff
Henry Garrett George K. Noe
Mike Hummel' Armando Chapa
Melody clod Cooper Mary Kay Fischer
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael M Cut hors
John Marez
Nelda Martinez
2. Approval of By-laws.
3. Election of Officers
President
Vice President
Treasurer
Secretary
4. Motion authorizing the execution of the Infrastructure
Financing Agreement reement between the City of Corpus Christi,
Crosstown Commons, LLC, and the Crosstown Commons
Development Corporation to allow the development of a
lifestyle and power center to be known as
"Crosstown Commons ".
5. Public Comment.
6. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
REGULAR AGENDA
CONSIDERATION OF MOTIONS RESOLUTi lS, AND ORDINANCES:
_.�_.
26. Ordinance appropriating riatin g $100,000 from the Unreserved Fund
Balance in the General Fund i o. 1020 for Memorial Coliseum
a ,
immediate reservation requirements; changing the FY 2007-
�mm p
2008 Operating Budget adopted by Ordinance No. 027352 by
increasing appropriations by $100,000. (Attachment # 26)
CITY COUNCIL
RIOR1TY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November 20, 2007
Page 9
cm( COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
27. Second Reading Ordinance - Ordinance amending Chapter 12
"Boats, Bays and Waterways," Article 1 "In General," Section 12 -7
"Bathing, swimming and wading prohibited in certain waters," and
Section 12 -31 "Slow, No Wake Zones" of the Code of Ordinances,
City of Corpus Christi, to prohibit swimming, bathing, and wading
in the navigable channel of Packery Channel and to establish the
portions of Packery Channel adjacent to developed areas along
Packery Channel as a slow, no wake zone; providing a repealer
clause; providing a penalty; providing for publication. (First
Reading 1'1# 3# Attachment ## 27)
28. Second Reading Ordinance - Abandoning and vacating a
30,887.54- square foot portion of the Eden Lane public right-of-
way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located
east of the McBride Lane street right -of -way, and north of 1H-37;
subject to compliance with the specified conditions.
(First Reading 11/13/07) Attachment ## 28)
29.a. Briefing on City's Air Quality Program. (Attachment # 29)
29.b. Resolution authorizing the City Manager or his designee to
execute a State Funded Grant Agreement with the Texas
Commission on Environmental Quality in the amount of$884,600
for air quality planning activities. (Attachment # 29)
29.c. Ordinance appropriating $884,600 from the Texas Commission sion on
Environmental Quality in the No. 1071 Community Enrichment
Grants Fund for air quality planning activities. (Attachment # 29)
29.d. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Texas A&M
University - Kingsville in the amount of $450,000 for an air quality
research and planning program, which includes air quality
monitoring and modeling projects, and development of an
emissions inventory for the Nueces and San Patricio Counties
area. (Attachment # 29)
29.e. Resolution authorizing the City Manager or his designee to
execute an Interlooal Cooperation Agreement with Texas A&M
University-Corpus Christi in the amount of $345,000 for the
Pollution Prevention Partnership and educational outreach
Agenda
Regular Council Meeting
November 20, 2007
Page 10
program, which includes small business assistance and public
education on pollution prevention and air quality in Nueces and
San Patricio Counties. (Attachment # 29)
30. Resolution olution requesting Mayor Henry Garrett to send a Letter of
Intent to the Texas General Land Office for the funding of the
Importance of beach clean -up} directing the City Secretary to send
a certified copy of the resolution to the Texas General Land
Office; providing for findings of fact and providing for an effective
date. (Attachment # 30)
M. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
31. Briefing on Bond 2008 Process (Attachment # 31)
32. Development of Low Income Utility Program (Attachment # 32)
N. PUBLIC COMMENT FROM I THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY IMATEL 12:00 P.M. OR AT THE END of THE
COUNCIL MEETING, WHICHEVER IS EARLIER. . PLEASE
LIMIT PRESENTATIONS To THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS ESS 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. 1f you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
sl s ed se dirige a la junta y cree que su ingl s es limitado, habra un int rpre e
ingls- espaol en la reunion de la junta para ayudarl.
PER CITY COUNCIL POLICY, 1 NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY 15 NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
bin
Agenda
Regular Council Meeting
November ber 20, 2007
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. EXECUTIVE SESSIONS:
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.
33. Executive session under Texas Government Code Section
551.071 regarding Cause No. C-07-117, John Lee Beaudion vs.
City of Corpus Christi et al, in the United States District Court, with
possible discussion and action related thereto in open session.
34. Executive session under Texas Government Code Section
551.071 regarding Cause No. C-07-119, Ruben G Ivan vs. City
of Corpus Christi et al, in the United States District Court, with
possible discussion and action related thereto in open session.
35. Executive session under Texas Government Code Section
551.074 for deliberations regarding the evaluation of the City
Manager, with possible discussion and action related thereto in
open session.
P. 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.
36. MAYOR'S UPDATE
DATE
37. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
November 20, 2007
Page 12
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Q. Q4OURNMENT
:
POSTING STATEMENT:
This agenda was posted on the city's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 0 ID p.m., November 16, 2007.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
OWL.,
(*� CLY S
_‹
j'y
Alr))
1947
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Develop Street Plan
Texas A &M University -- Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum PIan
Master Plan Updates
Improve Code Enforcement
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 13, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel)
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon*
Nelda Martinez
ABSENT
John Marez
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
`arrived at 10:08 a.m.
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Thomas Mc Crone with 5t. Mark's Lutheran Church
and the Pledge of Allegiance to the United States flag was led by Council Member Cooper.
Mayor Garrett called for approval of the minutes of the workshop and regular Council
meeting of October 30, 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:
Ethics Commission
Rick Marcantonio (Reappointed)
Robert N. Corrigan (Reappointed)
Laura L. Hebert (Appointed)
Transportation Advisory Committee
Damien Lamont Holmes (Appointed)
Glenn R. Jones (Appointed)
Eloy Barrera Soza (Appointed)
Sister City Committee
Melissa Melendez (Appointed)
Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new
Airport Director Fernando Segundo. City Manager Noe announced that the Environmental Program
Department is being recreated from existing positions doing environmental work to provide for
quality assurance and quality control. Mr. Noe stated the Texas Municipal League is making
appointments to the legislative committees in January and asked Council to notify him if interested in
being a representative. Mr. Noe said the United States Bowling Congress is requesting
improvements to the American Bank Center should the City receive the bid for 2011. Mr. Noe
added that the improvements are probably necessary for the operation of the center and would
Minutes — Regular Council Meeting
November 13, 2007 —Page 2
provide a memo outlining the requirements and funding options. Mr. Noe spoke regarding the
briefing of HB 621 and the proposed capital improvements program. He also announced that staff
will be participating with Habitat for Humanity on the completion of three houses for the Model Block
Program on December 1st and December 8`h.
Mayor Garrett called for consideration of the consent agenda (Items 3 -13). Mr. Abel Alonzo
and Mr. Joe Dees requested that Item 8 be pulled for individual consideration. Council members
requested that Items 3, 4, 5, and 7 be pulled for individual consideration. City Secretary Chapa
polled the Council for their votes as follows:
6. MOTION NO. 2007 -287
Motion approving supply agreements with the following companies for the following amounts
for traffic sign faces and traffic sign blanks based on low bid in accordance with Bid
Invitation No. BI- 0220 -07 for an estimated annual expenditure of $111,295.50 of which
$74,197 is required in FY 2007 -2Q08. The term of the agreements shall be for twelve months
with option to extend for up to two additional twelve month periods, subject to the approval of
the suppliers and the City Manager or his designee. Funds have been budgeted by the
Street Department for FY 2047 -2008.
Rocal, Inc.
Frankfort OH
Group: 1
Grand Total: $111,295.50
Vulcan Signs
Foley, AL
Group: 3
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
9. MOTION NO. 2007 -288
Motion approving the allocation of $54,800 from the Hotel Occupancy Tax Fund and
$39,604 from the General Fund to fund grant contracts with thirteen (13) Arts and Cultural
organizations for a total of eighteen (18) arts projects. funding was authorized in the FY
2007 -2008 budget.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
10.a. RESOLUTION NO. 027473
Resolution authorizing the City Manager or his designee to accept a $724,026 grant
awarded by the Area Agency on Aging of the Coastal Bend for the FY 2007 Senior
Community Services, Elderly Nutrition Program in the No. 1067 Parks and Recreation
-Grants Fund.
The foregoing resolution was passed and approved with the fallowing vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
Minutes — Regular Council Meeting
November 13, 2007 —Page 3
10.b. ORDINANCE NO. 027474
Ordinance appropriating a $724,026 grant from the Area Agency on Aging of the Coastal
Bend for the FY 2007 Senior Community Services, Elderly Nutrition Program in the No. 1067
Parks and Recreation Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye "; Marez was absent.
11.a. MOTION NO. 2007-289
Motion authorizing the City Manager or his designee to extend the software maintenance
agreement for twelve (12) months with Infosol, Inc., of Bellaire, Texas in an amount not to
exceed $54,525.42. Included in this maintenance agreement is the support for the
CourtHouse software currently being utilized by the Municipal Court. The maintenance
agreement provides for software and technical environment support, including any
necessary upgrades as they become available. This vendor qualifies as sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
11.b. MOTION NO. 2007 -290
Motion authorizing the City Manager or his designee to approve purchase of continued
annual maintenance costs from Infosol, Inc., of Bellaire, Texas for software and hardware for
the CourHouse software subject to annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
12. ORDINANCE NO. 027475
Ordinance abandoning and vacating an 8,978 - square foot portion of a 10 -foot wide utility
easement out of Lots 2 -9, Hatch Commercial Sikes, located north of and adjacent to the
Leopard Street public right -of -way; requiring the owner, Longhorn Transfer and Storage,
LTD, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye "; Marez was absent.
13. ORDINANCE NO. 027476
Second Reading Ordinance - Authorizing the City Manager or his designee to execute an
amendment to the Stadium Lease Agreement between the City of Corpus Christi, Texas and
Round Rock Baseball, Inc. and assigned to Corpus Christi Baseball Club, LP, a Texas
Limited Partnership to authorize the use of Capital Repair Funds for alterations, additions,
and new improvements subject to Lessee paying supplemental rent to replenish the Capital
Repair Fund; providing for publication. (First Reading - 10/16/Q7)
Minutes — Regular Council Meeting
November 13, 2007 —Page 4
The foregoing ordinance was passed and approved on its second reading with the following
vole: Garrett, Cooper, Elizondo, Hummed, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 3 and 4 regarding one -time expenditures. Council
Member Leal asked how many of the listed items were encumbered from FY2006-2007. Assistant
Director of Budget Eddie Houlihan said the items listed on the agenda for the appropriation of $1.2
million were not encumbered. In response to Ms. Leal, Mr. Houlihan listed the line items from the
original list that were encumbered in FY2006-2007. Ms. Lea! asked when the audit would be
completed. Assistant City Manager Oscar Martinez said the audit is expected to be completed
within 45 days. Ms. Leal expressed her concern for funding the one -time expenditures through the
Unreserved Fund Balance and the original cost of the items.
Council Member Elizondo asked questions regarding a schedule for replacement of safety
vehicles; whether the fire department has adequate ambulances to serve the City and if the City
networks with other cities to purchase items. City Manager Noe said one fire vehicle is replaced
every year and the purchase of the two ambulances is a cooperative purchase. Fire Chief Richard
Hooks stated that the fire department fleet is in good condition.
In response to Mayor Garrett, Chief Hooks said the fare department has 8 ambulances and
the cost of an ambulance and equipment is $160,000 with recurring costs totaling $580,000.
Council Member Hummel] asked why the request for funding is net addressed in the budget
process. Assistant City Manager Martinez explained that some capital investments are made daring
the budget process; however, there are needs that are not met may be funded through one -time
expenditures. In response to Mr. Rummell, Assistant Budget Director Houlihan said there is $10
million in the unreserved fund balance. Council Member Rummell asked questions regarding the
system currently used to track the life of a vehicle; the funding for street maintenance and downtown
improvements; and how the items are determined for one -time expenditures. Assistant City
Manager Martinez said departments currently identify the requirements for vehicles during the
budget process based on highest priority. Mr. Martinez explained that the funding for street
maintenance is for materials to repair streets and the downtown improvements have not been
identified. City Manager Noe said the expenditures were determined during the budget process.
City Secretary Chapa palled the Council for their votes as follows:
3. ORDINANCE NO. 027469
Ordinance appropriating $1,205,000 from the Unreserved Fund Balance in the No. 102Q
General Fund for the following items: Police vehicles $155,000; two (2) replacement
ambulances $160,000; Parks and Recreation vehicles and equipment $260,000; Street
maintenance $500,000; Animal Control vehicles $$0,000; and Downtown improvements
$50,000; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352
by increasing appropriations by $7,245,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye "; Cooper and Marez were absent.
Minutes — Regular Council Meeting
November 13, 2007 -- Page 5
4 MOTION NO._2007-285
Motion approving the purchase of two (2) ambulances from San Antonio Ambulance Sales,
Inc., of San Antonio, Texas for a total amount of $202,658. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (IIGPC). The ambulances will be used by the Fire Department. The units are
replacements to the fleet. Of the total $202,658 required, $160,000 is scheduled to be
appropriated from the Unreserved General Fund balance and $42,658 is available in the FY
2Q07 -20Q8 Fire Department budget.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
Mayor Garrett opened discussion on Item 5 regarding a service agreement far street and
drainage ditch right -of -ways. In response to Council Member Hummell, Assistant Director of
Financial Services Michael Barrera provided a summary evaluation matrix scoring that determined
the best value as opposed to just low bid. Mr. Barrera added that Brown Mule Mowing was also the
low bidder. City Secretary Chapa polled the Council for their votes as follows:
5. MOTION NO. 2007-286
Motion approving a service agreement with Brown Mule Mowing Inc., of Corpus Christi,
Texas for street and drainage ditch right -of -ways, based on best value in accordance with
Bid Invitation No. BI- Q222 -07 for an estimated two year expenditure of $847,488.64 of which
$282,496.21 is budgeted for the remainder of FY 2007 -2008. The term of the contract will
be for twenty-four months, subject to annual appropriations, 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 Storm Water Department in
FY 2007 -2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 7 regarding an agreement to accept a State
Homeland Security Grant. In response to Council Member Kelly, Chief Hooks said the department
will conduct a needs analysis and that the grant is for specialized equipment based on guidelines
provided by the federal government. City Secretary Chapa polled the Council for their votes as
follows:
7.a. RESOLUTION NO. 027470
Resolution authorizing the City Manager or his designee to execute a subrecipient
agreement and accept a State Homeland Security Grant from the Office of the Governor's
Division of Emergency Management in the amount of $1,389,430 for the purchase of
__specialized equipment and training.
The foregoing resolution was passed and approved with the following gate: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
Minutes — Regular Council Meeting
November 13, 2007 —Page 6
7.b. ORDINANCE NO. 027471
Ordinance appropriating $1,389,430 from the Office of the Governor's Division of
Emergency Management Homeland Security grant program in the No. 1062 dire Grants
Fund for the purchase of specialized equipment and training.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and
Martinez, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion an Item 8 regarding a city-wide policy for towing vehicles.
Joe Dees, Statewide Wrecker Services, spoke regarding the responsibility of vehicle owners to have
insurance and the issues at the vehicle impound. Mr. Dees suggested suspending operations at the
vehicle impound. Abel Alonzo, 1701 Thames, said he supported the policy but expressed concern
for the economically disadvantaged. Mr. Alonzo also asked questions regarding a timeframe to
educate the community and spoke regarding the issues at the police department. Carolyn Moon,
4902 Calvin, spoke regarding officers allowing for discretion for mitigating circumstances.
Council Members asked questions regarding the status of the impound lot. City Manager
Noe said staff would provide a recommendation for the current lot, additional land options and
identify costs. City Secretary Chapa polled the Council for their votes as follow
8. RESOLUTION NO. 027472
Resolution of the City Council of the City of Corpus Christi, Texas authorizing the Carpus
Christi Police Department to adopt a citywide policy for towing vehicles when the operator
has no proof of financial responsibility.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Bizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent.
Mayor Garrett referred to Item 'i4, and a motion was made, seconded and passed to open
the following public hearing:
14.a.
Public hearing to consider abandoning and vacating a 30,887.54 - square foot portion of the
Eden Lane public right -of -way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east
of the McBride Lane street right -of -way, and north of IH -37.
Deputy Director of Development Set-vices Johnny Perales explained that Javelina Refinery is
requesting to vacate the public street right -of -way to better secure the property. Mr. Perales said the
street will be maintained as a utility easement. In response to Council Member Kelly, Mr. Perales
said the zoning for the land and the street is "I -2" Light industrial. Mr. Perales added that there was
no information regarding expansion of the refinery or changing the land to "I -3" Heavy Industrial
zoning.
John Kelley, 3621 Austin, encouraged the Council to get a map of all public property,
easements, and parks for potential future pedestrian walkways.
In response to Council Member McCutchon, Mr. Perales said Javelins Refinery would use
Eden Lane as a roadway and the value of the land was determined by the City's Land Acquisition
department. Dr. McCutchon asked staff to determine if the value of the land should be considered
Minutes — Regular Council Meeting
November 13, 2007 —Page 7
vacant land or for land plus improvements. Council Member Kelly requested the second reading of
this item be placed on the regular agenda.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and
passed. Mr. Chaps palled the Council for their votes as follows:
14.b. FIRST READING ORDINANCE
First Reading Ordinance - Abandoning and vacating a 30,887.54- square foot portion of the
Eden Lane public right -of -way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east
of the McBride Lane street right -of -way, and north of IH -37; subject to compliance with the
specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, and Martinez, voting "Aye ";
Leal and Marez were absent.
Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open
the following public hearing:
I 5.a. Public hearing to consider amending the Corpus Christi Platting Ordinance by repealing
Section IV.G regarding parks and playgrounds and adopting a new Section IV.G of the
Corpus Christi Platting Ordinance regarding public open space.
Bob Payne, Senior Planner for Development Services, referred to a powerpoint presentation
including a background of the Parks Focus Group and members; existing versus proposed park
dedication requirements; Council's suggestions to the Unified Development Cade (UDC); new
proposed UDC Park Dedication requirements; survey and analysis; survey of park dedication fees
from other Texas Cities; 2006 single and multi - family park fee revenues; and comparison of
revenues with other Texas cities.
In response to Council Member Kelly, Mr. Payne said a developer would receive credit for a
multiunit facility if the park was dedicated as a public park.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Carolyn Moon, 49Q2 Calvin, spoke
regarding beach bacteria warning signs. Pat Suter, 1002 Chamberlain, spoke regarding recycling
and asked the Council to consider separating the recycling charge on the utility bill, using a portion
of surplus to promote recycling and reestablishing a committee for recycling. Adelfa Martinez,
President of the Lindale Site Council, spoke regarding staffing issues affecting the Site Council.
David L. Cook, 321 John Sartain, spoke regarding the actions of the Corpus Christi Police Officers
Association's asking for the resignation of Police Chief Bryan Smith and the comments made about
the corruption of the command staff at the police department.
John Kelley, 413 Waco, spoke regarding a meeting with Port Commission Mike Carrell and
his appointment to the Port of Carpus Christi Authority prior to the Council election. Phil Rosenstein
commented on Senior Community Services staff members Elsa Munoz and Lisa Oliver fortheir work
in coordinating the senior centers and thanked the Council and staff for everything they do for senior
Minutes — Regular Council Meeting
November 13, 2007 —Page 8
citizens. Mike Hummel!, 600 Leopard, provided a handout of appointments made to the Port
Commission and dates those appointees were sworn in for the last I 0 years and spoke regarding
the appointment of Mike Carrell prior to the Council elections.
Mayor Garrett returned to Item 15 regarding a public hearing amending the Corpus Christi
Platting Ordinance. Senior Planner of Development Services Bob Payne returned to a powerpoint
presentation including the renewal community reduced fee requirement; the renewal community
map; master plan analysis; residential land available in city limits; and recommendations from the
UDC Parks Focus Group, Park and Recreation Advisory Committee and the Planning Commission.
Mayor Garrett called for comments from the audience. Freddie Seaquist, 1618 Canters Bay
Drive and member of the Park Focus Group, spoke regarding the compromise of the committee for
the $50 park fee and keeping affordable housing in the City. He added that any additional costs
would be passed on to the homeowners. Jimmy B. Johnson, 15986 Punta Espada Loop, spoke
regarding cast differential compared to other cities and asked the Council to use caution in
developing increases. Shane Schroeder, President of the Builders Association, spoke regarding the
proposed park fees and state -wide impact fees affecting affordable housing. Jamie Pyle, member of
the Park focus Group, spoke in support of the council's recommended changes to park fees. John
Kelley, 3621 Austin, suggested a percentage fee based on the sale of a new home and market
values. Abel Alonzo, 1741 Thames, thanked the Park Focus Group and the Park and Recreation
department for trying to improve the park environment and spoke regarding the quality of life with
parks being ADA compliant.
Assistant City Manager Bob Nix said the master plan analysis addressed the need for
Council's recommendation of a $200 fee based on the deficit.
Council members asked questions regarding the council's considerations to the proposed
ordinance; concerns of developers to increase the park improvement fees; the future needs;
whether Duncan and Associates made specific recommendations for the focus groups; and a
comparison of Duncan and Associates recommendations versus what was implemented by the
UDC groups.
A motion was made by Mr. Kelly to approve the alternate ordinance provided by staff which
included an increase in park development fee from $50 to $200, changing the fee review period
from threw years to two years and removing the 10% fee cap. The motion was seconded by Ms.
Martinez. Mr. Rummell requested that the motion include amending Section IV.G.12 Review of
Dedication Requirements, by changing the fee review from three years to two years. The
amendment was accepted by Council Members Kelly and Martinez. Motion passed as amended
(Marez was absent).
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Rummell, and passed.
Mr. Chaps polled the Council for their votes as follows:
15.b. FIRST READING ORDINANCE
First Reading Ordinance - Amending the City of Corpus Christi Platting Ordinance by
repealing Section N. G. "Parks and Playgrounds," and adopting a new Section IV. G. "Public
Open Space, " to provide for the dedication of park and public open space on the platting of
property, the creation of a community enrichment fund and payments thereto, payment of
fees in lieu of land dedication, payment of a park development fee, providing for park
development improvements, providing for dedication of land or payment of fees after filing of
Minutes — Regular Council Meeting
November 13, 2007 —Page 9
the plat for the property and upon the replat of property, and providing for review of
dedication requirements; providing a repealer clause; providing a penalty clause; providing
for publication; and providing for an effective date.
The foregoing ordinance was passed and approved an its first reading as amended with the
following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez,
voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 16 regarding the Texas Enterprise Zone Policy.
Assistant City Manager Oscar Martinez provided a brief presentation including an overview of the
policy; applicability; authority; benefits of participation; selection criteria; the application process;
fees; and staffs recommendation.
Mayor Garrett called for comments from the audience. John Kelley, X113 Waco, expressed
concern on issues regarding the number of employment hours not being fulltime jobs; no
requirement of a living wage; and Stripes qualifying for retention of jobs.
Council members asked questions regarding the number of slots left in the current biennium;
the quarterly application deadline for available slots; the fire year designation period; monitoring of
retention and new jobs; the local capital expenditures criteria; and whether the program affects city
taxes; the number of applicants that applied; and if businesses in District 3 where notified of the
program.
A motion was made by Dr. McCutchon to amend the policy to include that all business that
qualify and apply for participation will be scored and presented to the City Council. The motion was
seconded by Mr. Kelly, and passed (Cooper and Marez were absent).
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
96. RESOLUTION NO. 027477
Resolution adopting the Texas Enterprise Zone Policy.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and
Marez were absent.
Mayor Garrett opened discussion on Item 17 regarding projects seeking designation as an
Enterprise Project. City Secretary Chapa announced that Council Member Elizondo would abstain
from the discussion and vote on Item 17.d. There were no comments from the audience.
Council members asked questions regarding the criteria for granting incentives; the entity
that grants the incentives; binding advanced commitments; opportunity to acquire additional
applicants; the nomination process; the determination of state criteria; the reason for committing to
next biennium; how long the program has been in place; timeframe for commitments; the reference
to the delineation of slots; future employment prospects; and the option by Council to alter
nominations.
Minutes — Regular Council Meeting
November 13, 2007 —Page 10
Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation,
said the four companies that applied helped crafted the policy. He added that bind commitments for
the next biennium shows the local companies that the City values them as members of the
community.
Council Member McCutchon requested that the items be voted on separately. City Secretary
Chaps polled the Council for their votes as follows:
17.a. RESOLUTION NO. 027478
Resoluiion amending Resolution No. 027061, adopted on November 14, 2006 nominating
Flint Hills Resources, L.P. to the Office of the Governor Economic Development and
Tourism through the Economic Development Bank for designation as a qualified business
and Triple Jumbo Enterprise Project under the Texas Enterprise Zone Program under the
Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, and Marez, voting "Aye "; Marez was absent.
17.b. RESOLUTION NO. 027479
Resolution nominating Stripes, LLC to the Office of the Governor Economic Development
and Tourism through the Economic Development Bank for designation as a qualified
business and Single Retained Job Enterprise Project under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Leal, McCutchon, and Marez, noting "Aye "; Kelly abstained; Marez was
absent.
17.c. RESOLUTION NO. 027480
Resolution committing to nominate Valero Refining - Texas, L.P. to the Office of the
Governor Economic Development and Tourism through the Economic Development Bank
for designation as a qualified business and Triple Jumbo Job Enterprise Project under the
Texas Enterprise Zone Program under the Texas Enterprise Zane Act, Chapter 2303, Texas
Government Code for the next biennium beginning in October, 2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel {, Kelly, Leal, McCutchon, and Marez, voting "Aye "; Marez was absent.
17.d. RESOLUTION NO. 027481
Resolution committing to nominate CITGO Refining and Chemicals Company, L.P. to the
Office of the Governor Economic Development and Tourism through the Economic
Development Bank for designation as a qualified business and Triple Jumbo Job Enterprise
Project under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code for the next biennium beginning in October, 2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Rummell, Kelly, Leal, McCutchon, and Marez, voting "Aye "; Elizondo abstained; Marez was
absent.
Minutes — Regular Council Meeting
November 13, 2007 —Page 11
Mayor Garrett opened discussion on Item 18 regarding an amendment to the Corpus Christi
Commercial Revitalization Local Strategic Plan. Assistant City Manager Martinez stated that based
on discussion during the approval of the plan on October 23rd, the plan is being resubmitted to alter
selection criteria item 7 to allow for funding to be in place for preliminary phases of project work and
provide for a requirement of assurance /documentation about financial capacity to complete the
project.
In response to Council Member Hummel', Assistant City Manager Martinez said the policy
provides a provision for residential units if an allowable percentage still retains retail in the
Downtown area.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
18. RESOLUTION NO. 0274$2
Resolution amending Selection Criteria No. 7 to the Corpus Christi Commercial
Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye "; Leal and Marez were
absent.
Mayor Garrett opened discussion on Item 19 regarding the "Slow, No Wake Zone"
ordinance. Director of Parks and Recreation Sally Gavlik referred to a powerpoint presentation
including the recommended ordinance changes; a map of the no wake zone; public meetings and
outcomes; written comments; alternate solutions and the reasons staff did not recommend change;
and the approval process. Ms. Gavlik also read a letter from Lieutenant Commander D.R. Kalina of
United States Coast Guard advising against a no wake zone from Packery Channel, along the Gulf
Intracoastal Waterway to Marker 37 Business.
Mayor Garrett called for comments from the audience. Gregory Bost, 14328 Playa Del Ray,
asked the Council to extend the no wake zone to the entire channel except the Intracoastal area
because of erosion and future maintenance. Beverly Rogers, 13722 Cayo Gorda Court and on
behalf of the Padre island Business Association, read a resolution endorsing the no wake zone from
the Kennedy Causeway passed the State Highway 361 Bridge to Packery Channel. Johnny French
4417 Carlton Street, spoke in favor of extending the no wake zone from the Intracoastal waterway
and suggested that the ordinance include the definition of navigable water and a copy of the no
wake zone map. Carolyn Moon 4902 Calvin, spoke in support of the resolution by the Padre Island
Business Association.
Alan Dinn, 206 Leming, spoke in support of extending the no wake zone all the way to the
Intracoastal area because of public safety and the cost to taxpayers to dredge. Mr. Dinn also
commented on providing aids to navigation prior to prosecution in navigable water. Linda Walsh,
15350 Isabella Court and Secretary of the Padre Island Business Association, thanked staff for the
public meetings and spoke in support of placing the no wake zone throughout the entire channel
because of public safety and the environment. Carol Chandler, 15129 Cane Harbor, agreed with the
closure of the entire area and a no wake zone for Lake Padre. Norm Bolter, 14122 Cabana, spoke
in opposition to the proposal by staff and said the decision should be made for the safety of the
boaters in the channel. Jimmy B. Johnston, 15896 Punta. Espada Loop and member of the Padre
Island Business Association, spoke is support of the PIBA resolution and thanked city staff for their
work. John Kelley, 3621 Austin, spoke in support of the no wake zone throughout Packery Channel.
Minutes — Regular Council Meeting
November 13, 2Q07 —Page 12
Council members asked questions regarding the location of the Intracoastal waterway;
signage for leaving a no wake zone; T1F funding for dredging to the Intracoastal waterway;
enforcement of speed limits; the reason for not changing the entire area to a no wake zone; the
distance from the Intracoastal waterway to the end of the jetties at Port Aransas; marking of
navigable waterways; and whether the County Park in included in the no wake zone.
Council Member Hummel' asked staff to research the use of speed limit signs to reduce the
wake. Ms. Gavlik said staff would bring a recommendation regarding signs and rate of speed.
Council Member Martinez suggested that Deidre Williams, who has been studying the bathymetry of
the Channel, talk to the Council regarding erosion and safety of Packery Channel.
City Secretary Chapa polled the Council for their rotes as follows:
19. FIRST READING ORDINANCE
first Reading Ordinance - Ordinance amending Chapter 12 "Boats, Bays and Waterways,"
Article I "In General," Section 'E2 -7 "Bathing, swimming and wading prohibited in certain
waters," and Section 12 -31 "Slow, No Wake Zones" of the Code of Ordinances, City of
Corpus Christi, to prohibit swimming, bathing, and wading in the navigable channel of
Packery Channel and to establish the portions of Packery Channel adjacent to developed
areas along Packery Channel as a slaw, no wake zone; providing a repealer clause;
providing a penalty; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leak, and McCutchon, voting "Aye ";
Martinez voting "No "; Marez was absent.
Mayor Garrett referred to the Item 22 regarding the Corpus Christi Regional Economic
Development Corporation Quarterly Update. Roland Mower, CEO of the Corpus Christi Regional
Economic Development Corporation, referred to a powerpoint presentation including the strategic
plan process; historical analysis and key findings; goal study of jobs and wages; target industry list;
rationalizing the incentive policy; incentive matrix; the 2007 -2012 Strategic Plan; activities; focus to
move forward; organizational changes; and current board of directors.
Mayor Garrett announced that Item 20 regarding a briefing on the Sand 2008 process was
postponed.
Mayor Garrett referred to Item 21, a presentation on the proposed platting ordinance
amendments related to "Dead End" water lines and Developer Trust Funds. Deputy Director of
Development Services Johnny Perales referred to a powerpoint presentation including the primary
intent of proposed platting ordinance changes; associated or secondary platting ordinance
considerations; overview of proposed changes; and proposed schedule for adoption.
Council members asked questions regarding the requirement that all developments withi
n
the City's Extra - territorial jurisdiction (EN) provide access to an approved treated water supply;
whether distribution system looping is for new development or correcting existing infrastructure;
credits; the changes addressing the solvency of the fund; the change to submit reimbursement
documentation from the Director of Engineering; participation in oversizing; process for
reimbursement for grid main extensions costing more than $200,000 and funding; transition period;
and prorata reimbursement.
Minutes — Regular Council Meeting
November 13, 2007 —Page 13
City Manager Noe said all questions by the Council will be copied and e- mailed to the entire
council for viewing. Council Member McCutchon requested a brief summary of the
recommendations provided from the Planning Commission and the Development Services Advisory
Group (DSAG). Dr. McCutchon requested that staff explore a process for a repayment schedule of
the $3.5 million loan from the Wastewater Trust Fund to the Utility Bond Fund. City Attorney Mary
Kay Fischer reminded the Council not to reply to e -mail discussions.
Mayor Garrett referred to Item 23 regarding an update from the City Council Memorial
Coliseum Committee. Council Member Hummel{ provided a background of the process including
gathering of public input; consultant involvement; expectation of the Coliseum property; and
subcommittees to accomplish the goals to making the Coliseum a multifaceted concept. Mr.
Rummell said the committee provided recommendations on the costs associated for the immediate
preservation of property in the amount of $120,000.
Mayor Garrett asked if complete demolition of the Coliseum was an option of the committee.
Council Member Rummell said the decision was based on community input. Council Member
Martinez said the responses from the community to demolish also provided suggestions to improve
the property. Mayor Garrett suggested moving the memorial plaque to Sherrill Park.
Council Member Rummell said the committee is meeting with area land owners; creating a
packet or marketing tool to make available to private enterprises interested in the property; and
exploring tax incentives and other funding options.
Council Member Leal asked questions regarding the security fight at the building exterior.
Mr. Rummell said he did not support the recommendation for security lighting. Ms. Leal suggested
lighting similar to the lighting at the Navy Pier in Chicago. Ms. Leal said a majority of people that
sent her requests have expressed the desire to keep the building.
Council Member Elizondo and Mayor Garrett said they have received more community
feedback to demolish the facility rather than to keep it. Council Member Elizondo expressed
concern for the electrical and plumbing issues at the facility.
There was a general consensus of the Council to direct staff to come back with a proposal to
preserve the Memorial Coliseum including funding options.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
24. Executive session under Texas Government Cade Section 551.087 for deliberations
regarding economic development negotiations, with possible discussion and action related
thereto in open session.
25. Executive session under Texas Government Code Section 551.071 regarding Case No. 06-
0070 -A; Joe McComb and Joe McComb Enterprises, Inc. Vs. The City of Corpus Christi, in
the 28th Judicial District Court of Nueces County, with possible discussion and action in open
session.
26. Executive session under Texas Government Code Section 551.071 regarding Texas
Commission on Environmental Quality RNI 01385151 i Docket No. 2007-1409-MLM-E;
Enforcement Case Na. 34544, with possible discussion and action in open session.
Minutes — Regular Council Meeting
November 13, 20Q7 —Page 14
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
25. MOTION NO. 2007 -291
Motion directing the City Manager to settle Cause No. 06-0070-A, Joe McComb and Joe
McComb Enterprises, Inc. v. City of Corpus Christi for the sum of $81,000.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Leaf, McCutchon, and Martinez, noting "Aye "; Kelly voting "No"; Cooper and Marez
were absent.
26. MOTION NO. 2007 -292
Motion authorizing the City Manager to execute the proposed agreed order with Texas
Commission on Environmental Quality Enforcement Case #34544 and to take further action
required thereby.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
Mayor Garrett called for Council concerns and reports. Council Member Leal thanked the
Water Department for helping with an issue on Patriot Street and the Wastewater Department for
assisting with an issue on Gabriel Street. Ms. Leaf thanked Assistant the Mayor Linda Lewis for her
hard work. Ms. Leal also thanked the veterans for their service.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:54 p.m. on November 13, 2007.
2
■
a. CITIZENS ADVISORY HEALTH BOARD —One (1) vacancy with term to 11-11-10.
DUTIES: To study and assist in health and human service operations, services and
programs, and to make recommendations to the City and County through the Director of
Health and Human Services.
COMPOSITION: Eleven {11} members, five (5) members appointed by the City Council
for three -year terms, five (5) by the Commissioners Court; and one member appointed jointly
by the City and the County. The board elects its own president and vice president.
MEMBERS TERMS
Amanda Stukenberg (City ), Vice Chair 11 -11 -09
Mary Jane Garza (City) 11 -11 -08
Ruben Garza (County) 6 -30 -09
Suzzette Chopin (City) 11 -11 -08
Leo Barrera, Jr. (County) 6 -30 -09
VACANT (County)
*Rebecca Esparta (City) 11 -11 -47
Russell Stowers (City) 11 -11 -08
Dr. Tony Diaz (County) b -30 -09
VACANT {County}
Araselia Ban-era (Joint)
ORIGINAL
APPID. DATES
5-08-01
3 -20 -07
6 -30 -07
2 -21 -06
4-24 -84
3-20-07
6 -12 -07
11- 11 -7'8
11 -11 -08 2 -21 -06
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Rebecca Esparta (City)
NO. OF MTGS.
THIS TERM
7
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR ...,_.,
4 (2 EXC)
57%
(Note: Ms. Esparza is first absence was excused by the Health Board to attend a cancer
survivor rally in Washington D.C. and the second was due to illness. Ms. Esparta wants
to be reappointed and is committed to attending future meetings)
OTHER INDIVIDUALS EXPRESSING INTEREST
Kay H. Aeby
Legend:
*Seeking reappointment
**Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
Self- employed, Administrator. Activities include: Past
American Cancer Society Volunteer and Board
Representative. Former Member of the Downtown
Redevelopment Committee. (6- YS -Q7)
-_
David Berlanga
Laura L. Hebert
Edward Kownslar
Patricia Mattocks
Michael San Miguel
Financer/ManageriBusinesslieveloperiCEO, Maker Capital
Group, Fung Shui Lounge, Sang &Dav LLC, and American
Builders. Received Bachelors Degree from University of
Texas, Austin and currently working on Masters of Public
Administration/City Management, Texas State University.
Activities include: Habitat for Humanity, Organizer for
Hispanics Organized for Public Education (HOPE), and
Social Director for Zeta Psi. (9- Y8 -07)
Owner and President, Hebert Insurance Group, Inc. Past
President of CBAHU and Past President of Delta Gamma,
RCIA teacher, and member of Eastern Star 354. (b -7 -07)
Librarian, Texas A &M University - Corpus Christi.
Received BS in Journalism from University of Kansas, MS
in Library Science from University of North Texas, and
Master of Public Administration from Texas A &M
University - Corpus Christi. Activities include: Board of
Director, Family Counseling Services of Carpus Christi,
2004 -2006, Texas Library Association, Various
Committees, 1999 -2007, and American Library
Association, Various Committees, 1998 - Present. (6- 15 -07)
Director of Program Services, March of Dimes. Activities
include: League of Women Voters —Past Vice - President
and Nominating Committee, Zonta, and St. Paul United
Church of Christ — Women's Ministry. (9- Y2 -07)
instnictor/Program Coordinator, Career Centers of Texas.
Received BS from University of Texas, San Antonio.
Activities include: Member of the Hispanic Chamber of
Commerce and Volunteer in assisting students obtain their
GED. Received Award for Employee of the Quarter and
Instructor of the Month. (5- 25 -07)
Toni Alexandria Thomas Senior, Miller High School. Activities include: Honor
Society. (2- 21 -a7)
3
Requested Council Action: 11113/07
Alternate Council Date: 11/20/07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion authorizing the purchase of software and specialized equipment for a
total amount of $254,723.50 utilizing funds from the 200G Homeland Security Grant awarded to the City
of Carpus Christi and budgeted in the Firs Grant Fund 10b2.
*************************************************************************************
Purpose:
Required Council Action:
Previous Council Action:
Funding:
The U.S. Department of Homeland Security awards annual grants to the
State of Texas, who then award sub - recipient grants to local jurisdictions.
The current grant was accepted by the City Council on July 17, 2Q07. The
purchase of this specialized equipment requires Council approval due to the
associated dollar amount.
In order that the City assure compliance with the State Purchasing Act and
City policies relating to purchases, adoption of the motion is necessary in
order to move forward with the proposed purchase.
On July 17, 2007 the City Council approved the acceptance an amended the
grant in the amount of $1,393,069.71 from the Division of Emergency
Management, Office of the Governor, to carry out designated homeland
security activities as part of the 200b Homeland Security Grant Program.
The funds are provided for projects in the Citizen Corp Program, Law
Enforcement Terrorism Prevention Program, State Homeland Security
Program, and the Metropolitan Medical Response System Program and
appropriated the funds in No. 1062 Fire Grant Fund to purchase specialized
equipment for the Fire Department.
Fire Grant Fund -
550020- 1062- 00000 - 820546
Michael Barrera
Assistant Director of Financial Services
$264,723.50
Total: $264,723.50
4
Requested Council Action 11/20/07
Alternate Date 1Z /11107
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the lease purchase of two (2) steel wheel rollers from
Waukesha Pearce Industries, Austin, Texas for the total amount of $110,783.50. The award is
based on the cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The steel wheel rollers will be used by the Street Department. Funding
will be provided by the City's lease purchase financing contractor.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Purpose: The two steel wheel rollers will be used by the Street Department for
maintenance and construction work.
Basis of Award:
Funding:
The purchase is made through the cooperative purchasing agreement with
the TLGPC. TLGPC is administered by the Texas Association of School
Boards (TASB) and co- sponsored by the Texas Municipal League (TML)
and the Texas Association of Counties (TAC). TLGPC acts as an
independent agency awarding exclusive cooperative purchasing contracts
for its members.
The local Waukesha Pearce Industries dealer will be the servicing and
warranty provider for this equipment.
Funding is provider! through the City's lease /purchase financing
agreement for a sixty-month period. The estimated interest rate is 3.8 %.
The actual interest rate will be determined after acceptance of the vehicles.
The estimated annual payment is $24,363.I6. Total estimated cost over
the sixty -month period, including principal of $110,783.50 and interest of
$11,032.30, is $121,815.80.
Street Department
530190 -102Q -12430 (8 months)
Capital Outlay No. 3
Mic Ban-era
As ; tant Director of Financial Services
$16,242.08
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION BI-0060-08
BUYER: MARIA GARZA STEEL WHEEL ROLLERS
ITEM DESCRIPTION QTY UNIT
I) Steel wheel rollers
2 each
WAUKESHA PEARCE INDUSTRIES
AUSTIN, TEXAS
UNIT EXTENDED
PRICE PRICE
$55,391.75 $110,7$3.50
TOTAL: 6110,783.50
-
5
Requested Council Action: 11/20/07
Alternate Council Date: 12 /11 /07
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with AMTEX Security, Carpus Christi,
Texas, for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library,
Greenwood Library, Janet F. Harte Library and O.N. Stevens Water Treatment Plant in accordance with
Bid Invitation No. BI- 0020 -4$ based on best value for an estimated annual expenditure of $333,194.20, of
which $222,129.47 is required in FY2007 -2008. The term of the contract is for twelve months with
options to extend for up to two additional twelve -month periods, subject to the approval of the contractor
and the City Manager, or his designee. Fends have been budgeted by the using departments in FY 07 -08.
*************************************************************************************
Purpose:
Security Services are required at City Hall twenty -four hours a day, seven
days a week, for approximately 10,866 hours per year. This includes one
guard on duty 24 hours a day and an additional guard on duty 8 hours a day,
five days a week. The contractor is responsible for twenty-four hour offsite
monitoring of the fire alarm system located at City Hall, twenty -four hour
onsite monitoring of the security system and video surveillance system at
City Hall, relaying activated alarms and emergencies to the appropriated
agency and maintaining twenty -four hour 2 way communications between
the onsite security guard and the offsite monitoring station. The onsite
security guards are responsible for patrolling and monitoring all spaces
contained within City Hall and the surrounding parking areas to ensure
safety and order are maintained twenty -four hours a day.
Security Services are required at the Frost Bank Building for approximately
80 hours per week or 4,16a hours per year. The onsite security guard is
responsible for opening the building in the morning, monitoring all security
systems while on duty, patrolling and monitoring all spaces contained
within the building and the surrounding parking areas to ensure safety and
order are maintained sixteen hours a day.
Security Services are required at the Central Library, Greenwood Library,
and Janet F. Harte Library. The Central Library requires security services
for approximately 88.25 hours per week or 4,589 hours per year.
Greenwood Library requires security services for approximately 16 hours
per week or 832_ hours per year. Janet F. Harte Library requires security
services for approximately 20 hours per week or 1,040 hours per year. The
onsite security guard is responsible for opening the building in the morning,
deactivating the alarm system, monitoring all security systems while on
duty, relaying activated alarms to the appropriate agency, patrolling and
monitoring all spaces contained within the building and adjacent parking
areas, maintaining 2 way communication with the Library's information
desk while on patrol, advising patrons of the posted rules of conduct,
maintaining order and safety throughout the building, ensuring staff and
patrons have cleared the building at closing time and securing the building
by locking all exterior doors and activating the security alarm at the end of
the day.
Security Services are required at the O. N. Stevens Water Treatment Plant
for approximately 16 hours per day, 365 days a year or 5840 hours per year.
The onsite security guard is responsible for continuous access and
monitoring of the front entry gate at the plant and visible monitoring of
parking lots, buildings, equipment and roads visible from the front gate.
Previous Contract: The option to extend the previous contract has been exercised, requiring the
City to issue new bid invitations.
Bid Invitations issued:
Bids Received:
Price Analysis:
Award Basis:
Funding:
Fourteen
Four
When compared to previous contract, pricing has increased approximately
20 %.
Best Value
The evaluation team, comprised of team members from Facility
Maintenance, Central Library, Purchasing and Water Department,
developed a matrix of the evaluation criteria. The evaluation criteria
components set forth in the proposal included: (1) Resources 30 %, (2) Past
Performance 10 %, {3} References 10 %, (4) Contractor's Quality Control &
Superintendence 10 %, (5) Bidder's Profile &Qualifications 10% and (5)
Cost 30 ° /a. The evaluation team reviewed each RFP Proposal response and
completed the evaluation matrix. The resulting matrix prioritized each
vendor based on the point value assigned for each criterion component in
the evaluation matrix. Vendor rankings based on this scoring method are
shown in the attached evaluation matrix.
As a result of the evaluation, the team has selected AMTEX Security, as the
best valued supplier for this opportunity.
Central Library
Greenwood Branch
Janet F. Harte Branch
O. N. Stevens Filter Plant
Facilities Maintenance — Dev Center/E0C
Facilities Management —City Hall
Michael : arrera
Assistant Director of Financial Services
Activity
530000-1020-12800
530000-1020-12820
530000-1020-12840
530000-4010-31010
530000- 5110 -40305
530000 - 5110 -40310
Total
FY d7 -08
Amount
$37,324.00
6,767.00
8,459.00
47,368.00
33,835.00
$8,376.47
$222,129.47
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
DATE: 11!20!07
SUMMARY EVALUATION MATRIX
Bid Invitation No.: BI- 0020 -OS
Uniformed Guard Security For City Hall,
Central Library, Frost bank Building 8
Q.N. Stevens Water Treatment Plant
AMTEX
Co pus Christi, Tx
.'Eddie
Garza
Corpus Christi, Tx
U.S. Security Associates
C • pus Christi, Tx
Secuhtas
Corpus Christi, Tx
Evaluation Criteria
Mmdmurn
Points
Points
Awarded
•
4
Points
Awarded
Points
Awarded
Points
Awarded -- ---,
Resources
30 points
30
-- -
30
-
20
20
Past Performance
10 points
10
I 0
5
5
References
10 points
10
�
10
10
$
Contractor's duality
Control & Supt.
10 points
8
10
7.75
0
Bidder's Profile &
Qualifications
Pricing
10 points
30 points
70
27.79
j
10
22.60
10
30.00
1 10
1 27.08
SCORE:
93.79
82.60
82.75
70.48
Annual C
$409,665.00
i $308,614.30
$341,933.72
6
Requested Council Action liao/o7
Alternate Date 12111/0'1
CUUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of forty -three (43) police package
sedans, two (2) pickup trucks and two (2) cargo vans in accordance with Bid Invitation No. BI-
0019 -08 from Sames Crow Ford, Carpus Christi, Texas based on low bid and low bid meeting
specifications for a total amount of $1,035,232. Funding is available from the FYO7-08 Capital
Outlay budget in the Maintenance Services Fund, General Fund No. 1020 and the Police
Department Crime Control Fund. All units are replacements.
*************************************************************************************
BACKGROUND:
Purpose: These vehicles will be used by the Police Department for
normal police work. All units are replacements.
Bid Invitations Issued: Eleven
Bids Received: Three
Price Comparison: The City purchased (38) thirty -eight police patrol sedans
last year for a unit price of $21,27$. The current price is
$22,032.
Basis of Award: Low Bid —Line Items 1 & 3
Funding:
Low Bich Meeting Specifications —Line Item 2
Access Ford (Access ), Corpus Christi, Texas submitted the
apparent low bid for line item 2. However, the offer
submitted by Access does not meet specification
requirements regarding the 35.7 gallon fuel tank and the
extendable trailer towing mirrors.
Maintenance Services — 33 vehicles & 2 Pickup Trucks
550020-5110-40120
Capital Outlay Item No.: 1, $777,944
General Fund No. 1024 — S vehicles & 2 Cargo Vans
550020-1020-11740
Capital Outlay Item Nos.: 88A, 89A 147,128
Police Dept. — Crime Control — 5 vehicles
550020-9010-11717
Capital Outlay Item No. 86
Michael : • era
Assistant Director of Financial Services
110,160
Total $1,035,232
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7
art COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/20/07
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to enter into a Memorandum of
Understanding with the Office of the Attorney General —State of TexaVICAC (Southern
Texas) for funding available under the Internet Crimes Against Children (1CAC) Task
Farce Program, and to execute all related documents.
B. Ordinance appropriating $9,500 from the Office of the Attorney General —State of Texas
in the No. 1061 Police Grants Fund for the Internet Crimes Against Children Task Force
Program.
ISSUE: Approval of the MOU agreement and appropriation of funds.
BACKGROUND: The Police Department has been a member of the ICAC since 20p3. These
funds provide for the purchase of forensic equipment needed is analyze seized digits! media.
REQUIRED COUNCIL ACTION: Approval of the MOU and appropriation of funds.
PREVIOUS COUNCIL ACTION: Approval of Year 3 CAC October 18, 20Q5.
FUNDING: There is no match required by the City.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the grant and
appropriation of the funds.
Bryan P. Smith
Chief of Police
OFFICE of the ATTORNEY GENERAL
GREG ABBOTT
October 23, 2007
Chief Bryan Smith
Corpus Christi Police Department
P.O. box 9016
Corpus Christi, TX 784699016
RE: Internet Crimes Against Children Task Force Program
Southern Texas
Dear Chief Smith:
Attorney General Greg Abbott is excited to announce that your department has been
selected to receive grant funding in the amount of $9,500 to help combat online child
exploitation crimes.Through his partnership with the Internet Crimes Against Children Task
Force Program, Attorney General Abbott intends to build on past accomplishments to ensure
that all Texas children are safe from exploitation.
As you know, the Internet Crimes Against Children (ICAC) Task Force Program helps state
and local law enforcement agencies develop an effective response to online enticement and
child pornography cases. This assistance encompasses forensic and investigative components,
training and technical assistance, victim services, and community education. To date, the U.S.
Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OHDP) and a
network of state and local law enforcement agencies have established forty -six ICAC Task
Forces throughout the nation. On May 17, 2006, the Office of the Attorney General -State of
Texas entered into a cooperative agreement with 0.1.1DP to administer the 46 "' ICAC Task
Force in "Southern Texas."
To assist in reaching the goats of the ICAC Task Force Program the Office of the
Attorney General -State of Texas is awarding your department $9,500.00 to purchase
forensic hardware, software and training to assist you in conducting forensic analysis of
seized computer hardware and digits! media.
A prerequisite to receipt of this funding is the entering into a Memorandum of Understanding
(MOU) with the Office of the Attorney General -State of Texas/ICAC (Southern Texas). The
MOU will consist of one-time grant funding to your department to equip one forensic examiner
with the Encase Cybercrime Arsenal or equivalent forensic equipment necessary to analyze
seized digital media. The Encase Cybercrime Arsenal ,consists of all the necessary
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711 -2548 TEL: (512)463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer •Printed on Recycled Paper
hardware, software and training to outfit your agency with a dedicated forensic examiner.
The cast for this comprehensive package is approximately $9,500.00 per unit. In addition, the
MOU will require grant recipients to adhere to all ICAC Program Guidelines and Protocols.
The MOU will also require your department to conduct forensic examinations on digital media
seized from ICAC- related cases within your department's geographical proximity.
Enclosed are the Statement of Grant Award, Special Conditions and Requirements, Notice of
Acceptance and Memorandum of Understanding. Please have your authorized official sign
each of these documents and return the same to the follovving address:
Natalie Brown
Grants Coordinator
Internet Crimes Against Children Task Force
Criminal Prosecutions Divison, 7'h Floor
P.O. Box 12548
Austin, Texas 78711
If you need any additional information, Ms. Natalie Brown can also be contacted via email at:
natalie.brown @oag.state.tx.us.
Thank you for your interest and for your dedication to keeping the children of Texas safe from
online child predators and child pornographers.
,
Respectfully,
Dan Clemmer
Internet Crimes Against Children Task Force
Unit Commander
Assistant Attorney General
Criminal Prosecutions Division
P.O. Box 12548
Austin, Texas 78711
POST OFFICE BOX 1254$, /AUSTIN, TEXAS 78711 -2548 TEL: (512)463 -2140 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer •Printed on Recycled Paper
ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
STATEMENT OF GRANT AWARD
Grantee: Carpus Christi Police Department
Grant Number: 0806257
Grant Period: 10 /15 /07 — 11 /30 /07
Grant Title: Internet Crimes Against Children
Award Amount: $9,500
AWARD AND ACCEPTANCE
The Office of the Attorney General (OAG) awards Grantee a subgrant of federal funds for the public purposes
as defined in the Grant No. 2006-MC-CX-K012 awarded to the OAG by the Office of Juvenile Justice and
Delinquency Prevention, and Grantee's Grant Application. This grant is subject to Grantee's acceptance,
compliance and satisfaction of all terms, requirements, obligations, and performances in this Statement of
Grant Award, and Notice of Acceptance. Further this grant is conditioned upon the return of a properly
executed Notice of Acceptance. Grant No. 2006-MC-CX-K012, Grantee's Grant Application, and the Notice
of Acceptance are incorporated herein by reference and made a part of this Statement of Grant Award.
GRANTEE REIMBURSEMENT
All grantee reimbursement shall be submitted to the Office of the Attorney General, to the attention of the
OAG Grants Coordinator. Payments made pursuant to this grant shall be for reimbursement of costs on a
monthly basis. Grantee agrees to submit the invoice provided by the OAG completed and signed by both the
project director and the financial officer, supportive documentation including a copy of the detailed monthly
time sheet for time worked on the grant project executed by the employee and the supervisor of said employee
(as required by UGMS, Attachment B, Section 11, Subsection h), a copy of a paid invoice for any equipment
purchases, as well as any other relevant documentation required to document the request and to certify its
validity. Reimbursement will not be made without requisite documentation or until all special conditions
outlined on the Statement of Grant Award have been satisfied.
GRANT ADJUSTMENTS
Any change to the approved grant including budget or narrative changes requires a written grant adjustment.
Grantee shall submit written requests for grant adjustments to the Office of the Attorney General, to the
attention of the OAG Grants Coordinator.
SPECIAL CONDITIONS/REQUIREMENTS:
This award is subject to Grantee's agreement to and satisfaction of all Special Conditions, Certifications
Regarding Lobbying Debarment, Suspension and Other Responsibility Matters, and Drug -free Workplace
Requirements which are attached hereto and incorporated herein by reference and made a part of this
Statement of Grant Award.
OCT 1 8 2001
I i a
i ` i
Award Date Attorney Genera Greg
, c
IP I
is-or.,..:
ott or ; s 0 esignee
POST OFFICE Box 12548, AUSTIN, TEXAS 78711-2548 TEL: (512)463-2100 WEB: ViVnitiOAG.STATE.TX.US
An Equal Employment Opportunity Employer •Printed on Recycled Paper
Special Instructions
Conditions - Requirements - Assurances
We at the Office of Texas Attorney General and at the Office of Civil Rights, Department ofJustice
are available to help you and your organization meet the civil rights requirements that come with
Justice Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the
basis dram, color, national origin, religion, sex, or disability in funded programs or activities, not
only in respect to employment practices but also in the delivery of services or benefits. Federal Iaw
also prohibits funded programs or activities from discriminating on the basis of age in the delivery
of services or benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of
1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). For more information on the civil rights responsibilities that recipients have in
providing language services to LEP individuals, please see the website at imlivvv,rwimuiLl.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of
faith -based organizations. In general, the regulation, Participation in Justice Department Programs
by Religious Organizations; Providing for Equal Treatment of all Justice Department Program
Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State
Administering Agencies to treat these organizations the same as any other applicant or recipient. The
regulation prohibits Office of Texas Attorney General from making award or grant administration
decisions on the basis of an organization's religious character or affiliation, religious name, or the
religious composition of its board of directors.
The regulation also prohibits faith -based organizations from using financial assistance from the
Department of Justice to fund inherently religious activities. While faith -based organizations can
engage in non - funded inherently religious activities, they must be held separately from the
Department of Justice funded program, and customers or beneficiaries cannot be compelled to
participate in them. The Equal Treatment Regulation also makes clear that organizations
participating in programs funded by the Department of Justice are not permitted to discriminate in
the provision of services on the basis of a beneficiary's religion. For more information on the
regulation, please see OCR's website at ht.. p: / /www.o' oviocrietfbo.htm.
Faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of
Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended,
contain prohibitions against discrimination on the basis of religion in employment. These
employment provisions have been specifically incorporated into 28 C.F.R. Part 38.1(0 and 38.2(0.
Consequently, in many circumstances, it would be impermissible for faith -based organizations
seeking or receiving funding authorized by these statutes to have policies or practices that condition
hiring and other employment - related decisions on the religion of applicants or employees. Programs
subject to these nondiscrimination provisions may be found on OCR's website at
I.- : / /www.ojzusdoygov /ocr /. Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to the Office of Civil Rights, Department of Justice.
Enforcing Civil Rights Laws
Al} recipients ofFederal financial assistance, regardless ofthe particular funding source, the amount
of the grant award, or the number of employees in the workforce, are subject to the prohibitions
against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of
discrimination complaints from both individuals and groups. In addition, based on regulatory criteria,
OCR selects a number of recipients each year for compliance reviews, audits that require recipients
to submit data showing that they are providing services equitably to all segments of their service
population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance
subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act
(Safe Streets Act) of1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must
meet two additional requirements: (1) complying with Federal regulations pertaining to the
development of an Equal Employment Opportunity Plan (EEOP ), 28 C.F.R. § 42.301 -.308, and
{2} submitting to OCR Findings of Discrimination (see 2$ C.F.R. §§ 42.205 (5) or 31.202(5 )).
(X) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance Igo. 6 in the Standard Assurances, COPS
Assurance No. 8.B, or certain Federal grant program requirements, your organization must
comply with the following EEOP reporting requirements:
If your organization has received an award for X500,040 or more and has 50 or more
employees (counting both full -and part-time employees but excluding political appointees),
then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at
http://www.ojp.usdoj.goviocrieeop.htm. You may also request technical assistance from an
EEOP specialist at OCR by dialing (202) 6I6 -32Q8.
If your organization received an award between $25,000 and $500,000 and has 50 or more
employees, your organization still has to prepare an EEOP, but does not have to submit the
EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete
Section B of the Certification Farm and return it to OCR. The Certification Form can be
found at http://www.ojp.usdoj.goviocrieeopihtm.
if your organization received an award for less than $25,000; or you
organization has less than 50 employees,. regardless of the amount of the award; or if your
organization is a medical institution, educational - institution, nonprofit organization or
Indian tribe, then your organization is exempt from the EEOP requirement. However, your
organization must complete Section A of the Certification Form and return it to Office of
Civil Rights, Department of Justice. The Certification Form can be found at
lAtzilykiww.ojp.usdolgovlicial_ecop.htm.
(2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an
adverse finding of discrimination against your organization after a due process hearing, on
the ground of race, color, religion, national origin, or sex, your organization must submit a
copy of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that
subrecipients also comply with all of the applicable Federal civil rights laws, including the
requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make
subawards must have in place standard grant assurances and review procedures to demonstrate that
they are effectively monitoring the civil tights compliance of subrecipients.
If we can assist you in any way in fulfilling your civic rights responsibilities as a recipient of Federal
funding, please call Office of Civic Rights, Department of Justice at (202) 347 -0690 or visit our
website at h•
■
SPECIAL CONDITYUNS and REQUIREMENTS
1. The recipient agrees to comply with the financial, administrative, and reporting requirements
set forth in the current edition(s) of the Office of Justice Programs (OW) Financial Guide,
applicable OMB Circulars, the Uniform Grant and Contract Management Act (TEX. GOVT
CODE §§ 783.001 - .010), the Governor's Office published rules relating to the Uniform Grant
and Contract Management Standards (at 1 TAC §§ 5.141- .167), the Governor's Office
Uniform Grant Management Standards
(http: / /www. governor. state. tx. us /Budget /budget_guidelines.html ), and General
Appropriations Act, 79th Leg., Reg. Sess., S.B. 1, art. IX, § 6.2Q. Grant Restriction (2005).
Each of the foregoing documents is incorporated herein by reference and made a part of this
Statement of Grant Award.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment
Opportunity Plan (if recipient is- required to submit one pursuant to 2$ C.F.R. Section
42.302), that is approved by the Office for Civil Rights, is a violation of its Certified
Assurances and -may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular
A -133, Audits of States, Local Governments, and Non - Profit Organizations, as further
described in the current edition of the OR Financial Guide, Chapter 19.
4. The recipient agrees to comply with the ICAC Task Force Program Standards as established
by the ICAC Task Force Advisory Board and approved by 0.1.1DP. A memoranda of
understanding is required.
5. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval
of OW.
5. The recipient shall submit semiannual progress reports. Progress reports shall be submitted
within 20 days after the end of the reporting periods, which are June 30 and December 3I,
for the life of the award. The specific elements to be collected in the reports and the format
will be determined by OAG and ODDP.
6. The recipient agrees to submit to the OAG and OBDP for review and approval any curricula,
training materials, or any other written materials that will be published, including web -based
materials and web site content, through funds from this grant at least forty -five (45) working
days prior to the targeted dissemination date.
CERTIFICATIONS REGARDING
LOBBYING; DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS
AND DRUG -FREE WORKPLACE REQUIREMENTS
Grantee should refer to the regulations cited below to determine the certification to which they are
required to attest. Signature of this farm provides for compliance with certification requirements
under 28 CFR Part 69, "New Restrictions on Lobbying" 2 CFR Part 2867, "DOJ Implementation of
OMB Guidance of Nonprocurement Debarment and Suspension," and 2$ CFR Part 83,
"Government -wide Debarment and Suspension," and Government-wide Requirements for Drug -Free
Workplace (Grants )." The certifications shall be treated as a material representation of fact upon
which reliance will be placed.
1. LOBBYING: As required by Section 1352, Title 31 of the U.S. Code, and implemented at
28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000,
as defined at 28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subgrants, contracts under grants and cooperative agreements, and
subcontracts) and that all sib- recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
{DIRECT RECIPIENT}: As required by Executive Order 12549, Debarment and
Suspension, and implemented at 2 CFR Part 2857, for prospective participants in primary
covered transactions, as defined at 2 CFR Section 2867.20(a):
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
attaining, attempting to obtain, or performing a public (Federal,
State, or loco!) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(c} Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any Utile offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period preceding this application had
one or more public transactions (Federal, State, or local) terminated
for cause or default.
B. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application
3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDxVIDUALS):As
required by the Drug -Free Workplace Act of 198$, and implemented at 28 CFR Part b7,
Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug-free workplace
by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
{b} Establishing an on -going drug -free awareness program to inform
employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-fTee workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a );
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving
notice under subparagraph (d)(2) from an employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531. Notice shall include the identification number(s)
of each affected grant;
(f} Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2), with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
(0
agency;
Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and ()
As the duly authorized representative of the applicant, I hereby certify that the applicant will
comply with the above certifications.
Gear e K *-
Signature and Title of Authorized Official Date
i.,.
11 e.
1_142-044-7-------
STANDARD ASSURANCES
The Grantee hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A-102, A -110, A -122,
A -133; Ex. Order I2372 (intergovernmental review of federal programs ); and 28 C.F.R. pts. 66 or
70 (administrative requirements for grants and cooperative agreements ). The grantee also specifically
assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non - federal share of
project cost) to ensure proper planning, management, and completion of the project
described.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
3. It will give the awarding agency, the Office ofJuvenile Justice and Delinquency Prevention„
or the General Accounting Office, through any authorized representative, access to and the
right to examine all paper or electronic records related to the financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency and the Office
of Juvenile Justice and Delinquency Prevention, specifically including any applicable
regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61,and b3.
5. It will assist the awarding agency and the Office of Juvenile Justice and Delinquency
Prevention (if necessary) in assuring compliance with section I06 of the Nations! Historic
Preservation Act of 1966 (16 U.S.C. § 47Q), Ex. Order' 11593 (identification and protection
of historic properties), the Archeological and Historical Preservation Act of 1974(16 U.S.C.
§ 469 a -1 et seq.), and the National Environmental Policy Act of 19b9 (42 U.S.C. § 4321 ).
6. It will comply (and will require any subgrantees or contractors to comply) with any
applicable statutorily- imposed nondiscrimination requirements, which may include the
Omnibus Crime Control and Safe Streets Act of 195$ (a2 U.S.C. § 3789d); the Victims of
Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of
2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the
Rehabilitation Act of 1973 (29 U.S.C. § 7.94); the Americans with Disabilities Act of 1990
(42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683,
1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07 ); see Ex. Order
13279 (equal protection of the laws for faith -based and community organizations).
7. If a governmental entity:
a. it will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (42 U.S.C. §X601 et seq.), which govern the
treatment of persons displaced ass result of federal and federally- assisted programs;
and
b. it will comply with requirements of S U.S.C. §§ 1541 -08 and §§ 7324 -28, which
limit certain political activities of State or local government employees whose
principal employment is in connection with an activity financed in whole or in part
by federal assistance.
George K. Noe, City Manager
Signature and Title of Authorized Official Date
Internet Crimes Against Children
Forensic Building Budget
Professional &Contractual Services Total
Forensic Ei uliment and Trainin. Packa.e
The approved budget summary is based on line items in the application. Any changes to the
line items must to be submitted to the Grants Coordinator and receive rior a ravel.
ATTORNEY GENERAL OP TEXAS
GREG ABBOTT
Grant Number: 0806257
Grantee: Corpus Christi Police Department
Program: Internet Crimes Against Children
Grant Period: 10 /15 /07 — 1]./34/07
THIS ACCEPTANCE NOTICE MUST BE SIGNED AND RETURNED PRIOR TO ANY FUNDS BECOMING
AVAILABLE. RETURN TO THE FOLLOWING ADDRESS:
Office of the Attorney General
P.O. Boa 12548
Mail Code - 048
Austin, Texas 78711
Attn: Natalie Brown
OAG Grants Coordinator
The authorized official, financial officer, and project director, referred to below as grantee officials, for this grant project
must read the following and indicate agreement by signing this acceptance notice below:
• By signing this agreement, the authorized official for the grantee certifies that he is authorized by the applicable
governing body to accept, decline, or terminate this grant on behalf of the grantee.
• By signing below the grantee officials accept the grant award and all special conditions and assurances.
• The grantee officials agree to the terms of the grant. The terms, requirements, obligations, performances, and
attachments to in the Statement of Grant Award are incorporated herein by reference and made a part of this
Notice of Acceptance.
• The grantee officials agree that none of the grant funds will be used to influence the outcome of any election, the
passage or defeat of legislation, or the funding of any grant.
• It is understood that a violation of any terns of the grant will result in the Office of the Attorney General placing a
temporary hold on grant funds, permanently de- obligating ail or part of the grant Eustis, and/or requiring
reimbursement for funds already spent.
• The grantee officials understand that they must satisfy all special conditions placid on this grant before receiving
any funds.
• Grantee agrees that where unallowable costs have been claimed and reimbursed, the disallowed portion will be
refunded to the OAG using one of the following methods: (a) a cash refund, (b) offset to a subsequent claim, or
(c) credits to the amounts charged to the award.
Signature of Project Director
Bryan P. _Smith
Name (Printed)
Signature of fs ancial Officer
Signature of Authorized Official
Cindy O'Brien _ _ George K. Noe
Name (Printed) Name (Printed)
Chief Of Polic Fin ance Dir
Title
Title
Agency Mailing Address
for City_Manager____
Title
P. O. Box 9277 � P. O. Box 9277 _
Agency Mailing Address
Agency Mailing Address
Corpus Ch 469 - City/Zip Code City/Zip Code
361*886-2604 361-- 8:5 --3._ . 0
Telephone and Fax Numbers Telephone and Fax Numbers
7 4
4 6 9--Car-Plis---C111:169
City /Zip Code
361-880-3610
Telephone and Fax Numbers
POST OFFICE Box 12548, AUSTIN, TEXAS 78711-2548 TEL: (512)463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer •Printed on Recycled Paper
ORDINANCE
APPROPRIATING $9,500 FROM THE OFFICE OF THE ATTORNEY
GENERAL- STATE OF TEXAS IN THE NO. 7061 POLICE GRANT
FUND FAR THE INTERNET CRIMES AGAINST CHILDREN TASK
FORCE PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!,
TEXAS:
SECTION 1. That $9,500 from the Attorney General- State of Texas in the No. 1061
Police Grant Fund for the Internet crimes against children task force program.
SECTION 2. 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 20th day of November, 2007.
ATTEST:
THE CITY OF CARPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form 44 s , 2007
Joseph Harney
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, Uwe
request that you suspend said Charier rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
S
AGENDA MEMORANDUM
City Council Action Date: November 20 2007
AGENDA ITEM:
APPROPRIATING $202,550 FROM THE ESTIMATED PROGRAM INCOME
REVENUE IN THE N0.1066 HEALTH GRANTS FUND AS STATE FISCAL
YEAR 2007 -2008 PROGRAM INCOME TO FUND LABORATORY AND
PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2007,
THROUGH AUGUST 31, 3008; AND DECLARING AN EMERGENCY.
ISSUE: The Corpus Christi- Nueces County Public Health District receives funding from the
Department of State Health Services (DSHS) for various public health services. As a result
of this support, fees that are charged must be prorated to determine the percentage of
revenues that were generated using State /Federal funds. The State/Federal supported
revenues are deemed Program Income (PI). PI earned during the State fiscal year
(September 1 - August 31) must be spent during that year or returned to the State. PI
earned is to be used to supplement local funds for public health services. Staff reviews
actual earnings and projected earnings to recommend an annual appropriation to cover
expenditures. Expenditures have included laboratory and nursing supplies,
communications equipment, and staff training. Planned expenditures for FY 2007 -2008
includes supplies, minor equipment, contractual services, training, and computer
equipment for the laboratory, and nursing programs.
REQUIRED COUNCIL ACTION: Authorize an appropriation of $202,550 for FY 2007-
2U08 Program Income.
PREVIOUS COUNCIL ACTION: Council approved funding FY06 -07.
FUNDING: There are no match funds required.
CONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved
to provide a continuation of public health services to our community.
l01
Annette Rodrig ez, MPH
Interim Director of Health
BACKGROUND INFORMATION
The Corpus Christi- Nueces County Public Health District receives funding from the Texas
Department of State Health Services (DSHS) to provide various public health services.
The DSHS requires that revenues collected must be prorated to determine the percentage
of revenues that were generated using State /Federal funds. The State /Federal supported
revenues are deemed Program Income (PI). Pi earned during the state fiscal year
(September 1 -- August 31) must be spent during that year or returned to the State. PI
earned is to be used to supplement local funds for public health services.
Program income generated by the Sexually Transmitted Disease (STD) clinic is used for
medical supplies, office supplies, equipment, and to purchase medicines that are not
provided by the state.
Program Income for the Laboratory at the Corpus Christi Public Health District supports
the purchase of supplies and equipment used for testing.
Testing of bottled drinking water produced by companies in the Coastal Bend area
serves hundreds of thousands of individuals who purchase and drink the water
produced. Our testing certifies to the public and government agencies that the product
is safe to drink and free from pathogens.
Testing of wells for the safety of drinking water serves thousands of individuals in 23
counties in South Texas and the Coastal Bend assuring that water is safe for human
and livestock consumption.
Hundreds of flood victims are served each year by the testing of their drinking water
wells following episodes of flooding which can occur in the same 23 counties. Results of
the laboratory testing can assure that it is safe to resume use of the water for humans
and livestock. In cases where the water is unsafe, the laboratory provides information
and literature to help individuals "shock" their wells with chlorine or other chemicals in
order to bring water levels back to a safe level for drinking.
The testing of marine water samples in areas where oysters are harvested assists the
Seafood Safety Division of the Department of State Health Services in assuring that all
oysters harvested from the bays between Galveston Island and Brownsville are safe for
human consumption. This benefits the resident population of the Costal Bend and
tourists who consume raw oysters during the harvesting season between October and
May.
The laboratory tests soft- freeze products that are dispensed from ice -cream machines
in area restaurants, which helps maintain the health and well being of all the customers
eating in those establishments. Our laboratory provides the data to certify that those
restaurants are serving a soft "ice cream" that is safe for human consumption.
AN ORDINANCE
APPROPRIATING $202,550 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND
AS STATE FISCAL YEAR 2007 -2008 PROGRAM INCOME TO
FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR
THE PERIOD OF SEPTEMBERT, 2007, THROUGH AUGUST 31,
2008; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT;
SECTION 1. An ordinance appropriating $202,550 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State fiscal year 2007-
2008 program income to fund laboratory and public health services for the period
of September 9, 2007, through August 31, 2048; and declaring an emergency.
SECTION 2. Upon the written request of the Mayor or fire 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 noting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure on this
the day of , 2047.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chaps
City Secretary
APPROVED: November 7, 2007
Benj - in V. Lugg
Assistant City Attorney
for the City Attorney
Henry Garrett
Mayor
Carpus Christi, Texas
day of , 2U07
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: liwe, therefore, request
that you suspend said Charter rule and pass this ordinance finally on the date it
is introduced or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
■ _Nillw
9
AGENDA MEMORANDUM
City Council Action Date November 20 1007
AGENDA ITEM:
Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT FOR $673,200 FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN
PROGRAM, BASED ON AN $11.22 REIMBURSEMENT FOR EACH
PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS.
Item B: APPROPRIATING A GRANT FOR $673,200 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH
GRANTS FUND TD PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN
PROGRAM, BASED ON AN $11.22 REIMBURSEMENT FOR EACH
PARTICIPANT SERVED; AND DECLARING AN EMERGENCY.
ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health
Services (D51-15), provides funding for supplemental food vouchers, and nutrition education
at no cost to low income pregnant and postpartum women, infants, and children (WIC ).
Services are performed in accordance with the terms and specifications of the DSFIS and
the United States Department of Agriculture (USDA). Based on a reimbursement of
$11.22 for each participant, the attached budget reflects the operational needs of the WIC
program for fiscal year 07 -08. This is a non competitive grant with neutral budget impact.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding for FY06-07.
FUNDING: No match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and
appropriate funding for the continuation of nutritional and individual counseling services to
low income women, infants, and children.
IN
Annette Rodri • ez, MPH
Interim Director of Health
BACKGROUND INFORMATION
The special supplemental nutrition program for women, infants, and children (WIC) is a
health and nutrition program that is successful in improving the diets of infants, children,
and pregnant, postpartum, and breastreeding women who are eligible for the program
through low income and nutrition- related risks. This item renews the current contract with
the Department of State Health Services (DSHS) to provide services to low income women,
infants, and children. The contract will begin on 10/01/07 through 09/30/Q8. The main goal
of the WIC program is to educate mothers about proper nutrition for their babies and young
children. The WIC division serves an average of 5,000 WIC clients per month.
DEPARTMENT OF STATE HEALTH SERVICES
t
This contract, number 2008- 0246b9 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor),
a Government Entity,_ (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Pa ment Methods . The total amount of this Contract
is $0.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
IF funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2007 and ends on 09/30/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authorit . DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2008-024669-001 NSS -WIC CARD PARTICIPATION
c. General Provisions (Sub - recipient)
d. Solicitation Document(s), and
e. Contractor's response {s} to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
7. Conflictin Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. PE_Lyee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Vendor Identification Number: 17464005741027
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract an behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI- NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By:
Signature of Authorized official
Date
Bob Bumette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
By:
Signature
Date
Printed Name and Title
Address
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458 -7470
Bob.Bumette@dshs.stateatx.us
Telephone Number
E -mail Address for Official Correspondence
itqfpfmieti AA �b form
, .
eleit3o.wiso i1 V • L.
46s i G dif 0445.
(or City 4+1-oritel
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT FOR $673,200 FROM THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES TO PROVIDE FOR THE WOMEN, ENFANTS, AND
CHILDREN PROGRAM, BASED ON AN $11.22 REIMBURSEMENT
FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL
RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant from the
Texas Department of State Health Services in the amount of $673,200 for the Women,
Infants, and Children Program, based on an $11.22 reimbursement for each participant
served, and to execute all related documents.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 5, 2007
Ben' =min V. Lug
Assistant City Attorn
for the City Attorney
BLwic2007res.doc
Henry Garrett
Mayor
Corpus Christi, Texas
_day of �, , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
...,.■....
4...
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fd.
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-..
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r.....,
AN ORDINANCE
APPROPRIATING A GRANT FOR $673,200 FROM THE TEXAS
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN,
INFANTS, AND CHILDREN PROGRAM, BASED ON AN $1'i.22
REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services in the
amount of $673,200 is appropriated in the Na. 1066 Health Grants Fund to provide
for the Women, Infants, and Children Program, based on an $17.22 reimbursement
for each participant served.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the � day of
2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: November 5, 2007
..
Benja in V. Lugg
Assistant City Attorney
for the City Attorney
BLord198.doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of � ,� _, 2007
TO THE MEMBERS OF THE CITY COUNCIL:
Carpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: liwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jahn E. Marez
Jesse Noyola
Mark Scott
-■1■•. _
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f,
'■P.M.M.1.,
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11/20/07
AGENDA ITEM:
Ordinance transferring $70,000 (that was appropriated in the No. 3160 City Hall CIP Fund for
relocation of the Ropes /Steamboat House on October 30, 2007 by Ordinance 027462) to and
appropriating in the No. 3280 Park GIP Fund; changing FY2007 Capital Budget adopted by
Ordinance 026997 by increasing appropriations by $70,000; and declaring an emergency.
ISSUE:
The City Council approved the funding for relocation of the Ropes /Steamboat House from
Caraneahua to Mesquite Street an October 34, 2007. The ordinance that was submitted and
approved for this item should have included the authority to transfer the monies from the No. 3160
City Hall CIP Fund to the No. 3280 Park CIP Fund in order to align the funding in the proper fund.
REQUIRED COUNCIL ACTION:
Approve the Ordinance as submitted in order to properly align the funding for the project.
PREVIOUS COUNCIL ACTION:
October 30, 2007 — Ordinance appropriating $70,000.40 from unappropriated settlement proceeds in
the No. 3160 City Han CIP Fund to provide funding for relocation of the Ropes /Steamboat House
from Carancahua to Mesquite Street; amending the FY2007 Capital Budget adapted by Ordinance
026997 by increasing appropriations by $70,000.00; and declaring an emergency.
CONCLUSION AND RECOMMENDATION:
Staff recommends City Council approval of the Ordinance as submitted.
6-4-J o /g,2_,
Cindy O'B en
Director of Financial Services
Attachment:
Ordinance
Page 1 of 2
ORDINANCE
TRANSFERRING $70,000 (THAT WAS APPROPRIATED IN THE NO.
3160 CITY HALL CIP FUND FOR RELOCATION OF THE
ROPES/STEAMBOAT HOUSE ON OCTOBER 30, 2007 BY
ORDINANCE 027462) TO AND APPROPRIATING IN THE NO. 3280
PARK CIP FUND; CHANGING FY1007 CAPITAL BUDGET ADOPTED
BY ORDINANCE 026997 BY INCREASING APPROPRIATIONS BY
$7Q,000; AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $70,000 (that was appropriated in the No. 3160 City Hall CIP Fund
for relocation of the Ropes /Steamboat House on October 30, 2007 by Ordinance
027462) is transferred to and appropriated in the No. 3280 Park CIP Fund.
SECTION 2. The FY2007 Capital Budget adopted by Ordinance 426997 is changed by
increasing appropriations by $70,000.
SECTION 3. Upon written request of the Mayor or five council members, copy attached,
the City Council finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular
meetings so that this ordinance is passed and shalt take effect upon first reading as an
emergency this the 20th of November, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: 14- Nov -07
By:
Veronica Ocanas
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
I-1 AFIN-DIR\SHAREMAGENDA‘2008RopesSteamboat ordinance112007,doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2407
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: liwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HAFIN-DIR\SHAREDIAGENDA\2008\RopesSteamboat ordinance112007.doc
11
CITY COUNCIL
AGENDA MEMORANDUM
November 2Q, 2007
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint
funding agreement with the United States Geological Survey (USGS), U. S. Department of the
Interior, for the continuation of surface water data collection and limited studies by the USGS for the
City's water supply activity; and providing for the City to pay the USGS the amount $240,950, out of
a total project cost of $299,725 during the federal fiscal year October 1, 2007 through September 30,
zoos.
ISSUE: The United States Geological Survey (USGS) established automated river gauging stations
to gather and maintain accurate retards of all inflows and releases in the water reservoir system. In
order to continue with the annual watershed gauging program, an annual joint funding agreement
between the City and the USGS is necessary.
FUNDING: Funds are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon
Reservoir (530000 - 4010 - 30210) activities of the Water Fund for a total available of $240,950.
RECOMMENDATION: The City Council authorize the City Manager or his designee to execute
the agreement.
\ r)A,
1 ift-sim, 0 A- . 0414-tativzOki.
Gustavo Gonzalez, P.E.
E,f;),/. Interim Director, Water Department
t ( -- I C-- a)
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
In 1981, the City requested the United States Geological Survey (USGS) to establish automated river
gauging stations to gather and maintain accurate records of all inflows and releases in the water
reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which
required that specified releases from the reservoir system be made to the bays and estuaries. The
initial joint funding agreement was approved by the City Council in 1984, and it provides funds for
Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake
Corpus Christi and Choke Canyon Reservoir.
The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, rain gauges,
and analyzes the data gathered to provide gauge height readings, discharge readings, and reservoir
content information. The City funds a portion of the operational costs of the stream flow and full
service data collection platforms and the full cost of rain gauges and surface discharge gauges below
the two dams. The National Weather Service also uses the data collected to predict floods.
When fully implemented in 1984, the program included thirteen stations; additional stations have
been added since bringing the total to eighteen. Additional water quality monitoring points have also
been added the last several years.
The casts of data collection platforms and stream flow stations are shared by the USGS and the City
of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted
each year in the Water Department operating budget for the City's share of the joint funding. Funds
are budgeted in the Wesley Seale Dam (530000 - 4010 - 30200) and Choke Canyon Reservoir
(530000 - 4010 - 34210) activities of the Water Fund for a total available of $240,950.
WY2008
STATION
NUMBER
001: SURFACE WATER
CITY OF CORPUS CHRISTI 10/17/1007
DESCRIPTION
ATTACHMENT FOR TX029
USGS COOP TOTAL
FUNDS FUNDS FUNDS
08194000 Nunes River at Cotulla, TX
Full Range Streamflow Station $5,100 $9,360 $14,400
Raingage - Station $0 $670 $670
08194500 Nunes River near Tilden, TX
Full Range Strearnflow Station $5,100 $9,300 $14,400
Raingage - Station $0 $670 $670
08197500 Frio River bl Dry Frio River nr Uvalde, TX
Raingage - Station $225 $450 $675
08198500 Sabina) River at Sabina), TX
Raingage - Station $225 $450 $675
08200700 Hondo Creek at King Waterhole nr Hondo, TX
Raingage - Station $225 $450 $675
0$205500 Frio River near Derby, TX
Full Range Streamflow Station $5,100 $9,300 $14,400
Raingage - Station $0 $670 $674
08206600 Frio River at Tilden, TX
Full Range Streamflow Station $5,100 $9,300 $14,400
08206700 San Miguel Creek near Tilden, TX
Raingage - Station $0 $670 $670
08206900 Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents $2,740 $4,460 $7,200
Raingage - Station $0 $670 $670
Q8206910 Choke Canyon Res. outflow nr Three Rivers, TX
Q below Base and Continous Stages $3,17p $6,33D $9,500
08208000 Atascosa River at Whitsett, TX
Raingage - Station $0 $67D $670
08210000 Nueces River near Three Rivers, TX
Full Range Streamflow Station $5,100 $9,3U0 $14,40U
08210100 Nueees River at Georgewest, Tx
Stage only Station (one bevel) $0 $6,900 X6,900
08210500 Lake Corpus Christi near Mathis, TX
Reservoir Contents $2,740 $4,46U $7.200
Page 1 of 3
WY1008
08211000 I River re ar Mathis, TX
Full Range Streamflo tat'ron
Raingage - Station
08211200 Nueces River above Blunter, TIC
below Base and ontinou Stages
0821150D Nueces River at Ca leen, TX
Full Flange Streamflow Station
Redundant DCP and Additional Stage
CITY OF CORPUS CHRISTI 10/17/2007
08211503 Rincon Bayou Channel nee Ca !den, T?
below Base with AVM and Continuous Stage
003:WATER QUALITY
$0 $14,400 $14,400
$0 $670 $670
$3,170 $s,330 $9,500
$5,100 $9,300 $14,400
$0 $4,450 $4,430
$a $12,200_ $12,200
SURFACE WATER TOTAL: $43,095
$121,370
$164,465
08184500 Nueces River near Tilden, TX Frequnecy
Special Periodic Sample Collection and Processing 4 $590 $5,500 $6,000
Minor Elem 4- inorganic - Part I 4 $100 $620 $720
Inorganics: Major Ions and Trace Metals 4 $60 $454 $510
Metals, ICP /MS, Dissolved 4 $150 $630 $780
Dissolved Nutrients + Who-phosphate 4 $5D $360 $410
Pesticides(C -18 SPE ), filtered 4 $3d0 $1,630 $1,930
Pesticides(HPLCIMS SPE), filtered (lab) a $35b $2,230 $2,580
STATION TOTAL: $1,510 $11,424 $12,930
08206600 Frio River at Tilden, 7X Frequnecy
Special periodic Sample Collection and Processing 4 $300 $5.504 $6,000
Minor Elem +inorganic - Part I 4 $100 $620 $720
Inorganics: Major Ions and Trace Metals 4 $60 $450 $510
Metals, ICPINIS, Dissolved 4 $150 $630 $780
Dissolved Nutrients + ortho- phosphate 4 $50 $36Q $410
Pestirides(C-18 SPE), filtered 4 $300 $1,630 $1,930
Pesticides(HPLC/MS SPE), filtered (lab) 4 T $354 $2,230 $2,580
STATION TOTAL: $1,510 � $19,420 $12,930
68210000 Nueces River near Three Rivers, TX Frequnecy
Special Periodic Sample Collection and Processing 4 $500 $5,500 $6,000
Minor Elem + inorganic -Part I 4 $100 $620 $720
Inorganics: Major Ions and Trace Metals 4 $60 $450 $510
Metals, ICPIMS, Dissolved 4 $150 $630 $780
Dissolved Nutrients + ortho- phosphate 4 $54 $360 $410
Pesticides(C -18 SPE), filtered 4 $300 $1,630 $1,930
Pesticides(HPLCIMS SPE), Tittered (tab) a $350 $2,230 r $2,580
�
STATION TOTAL: $1,510 $11,420 $12,930
Page 2 of 3
._._ _
WY2008
CITY OF CARPUS CHRISTI 10i17i2007
08206900 Choke Canyon Reservoir nr Three Rivers, TX Frequnecy
Lake Sury afl"1lCollection and Processing
Minor Elem + inorganic - Pad
Metals, ICP/MS, Dissolved 6
Inorganics: Major Ions and Trace Metals
Pesticides(C-18 S filtered 12
Pesticides(HPLC/MS SPE), filtered (lab) 12
Pesticides - Bottorn Sediment 2
Oil and grease 4
$2.300
$200
$250
$i25
$1,200
$1,500
$250
$100
STATION TOTAL: $5,925
$13,300 $15,600
$S80 $1,080
$92D $1,170
$630 $755
$4,600 $5,800
$6,230 $7,730
$1,610 $1,860
$730 $830
$28,900 $34,825
0 &210500 Lake Corpus Christi near Mathis, 7X Frequnecy
Lake Survey Sample Collection and Processing 3 $2,300 $13,300 $15,60D
Minor Elam +inorganic - Part I 6 $200 $880 $1,080
Metals, ICINMS, Dissolved 6 $250 $920 $1,170
Inorganics: Major Ions and Trace Metals B $'f25 $630 $755
Pesticides(C-18 SPE), filtered 9 $900 $3,450 $4,350
Pesticides(HPLC/MS SPE), filtered (lab) 9 $1,106 $4,7Q0 $5,800
Pesticides -Bottom Sediment 2 $250 $1,610 $1,860
Oil and Grease a $100 $730 $830
STATION TOTAL: $5,225 $26,220 $31,445
08211503 R Bayou Channel near Cala lien, TX
Temp, and fond, Monitor (2-Parm)
08211505 Rincon Bayou Channel outfall to Nueces Bay nr Cala Ilen, TIC
Temp. and Cond. Monitor ( -Farm)
SURFACE WATER: 001
WATER QUALITY: 003
$0 $15.100 $15,90Q
$0 $15,100 $15,104
$0 $15,100 $15,100
$0 $15,100 $15,100
WATER-QUAL1TY TOTAL: $15,680
PROJECT
$119,580
$135,260
_
_in
USGS COOP TOTAL
FUNDS FUNDS FUNDS
643,095 ;121,370 $164,465
515,680 $118,580 3135,260
___ ___
TOTAL _ $58,776 6240,950 6299,725
Page 3 of 3
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 11 /2Q /07_
AGENDA ITEM:
A. Resolution expressing official intent to reimburse costs of South Guth Ball Fields Relocation
Project improvements.
B. Ordinance appropriating $750,000 from Unreserved Fund Balance in No. 1020 General Fund for
land acquisition and design work relating to the South Guth Bail Fields Relocation Project;
changing FY2007-2008 Operating Budget adopted by Ordinance No. 027352 by increasing
appropriations by $754,000; and declaring an emergency.
ISSUE:
The City of Corpus Christi expects to pay expenditures in connection with the design, planning,
acquisition and construction of certain projects relating to the South Guth Bali Fields Relocation
Project. A reimbursement resolution is required in order to receive reimbursement for preliminary
costs incurred associated with the project prior to the issuance of the debt.
REQUIRED COUNCIL ACTION:
Approval of the resolution expressing official intent to reimburse costs of certain projects and
approval of the ordinance appropriating funds for land acquisition and design work relating to the
project.
PREVIOUS COUNCIL ACTION:
October 16, 2U07 — Ordinance authorizing the City Manager to executer a Declaration of Gift and
Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M
University System for the benefit of Texas A &M University- Corpus Christi relating to the
conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nike Drive, including
South Guth Park.
FUTURE COUNCIL ACTION:
It is anticipated that within the next four months, the City will issue up to $7,500,000 in debt to fund
this project.
CONCLUSION AND RECOMMENDATION:
Staff recommends City Council approval of the Resolution and Ordinance as presented.
Cindy O'Bn
Director of Financial Services
Attachments:
Background Information
Resolution and Ordinance
BACKGROUND INFORMATION
On October 16, 2007 the City Council approved an ordinance authorizing the City Manager to
execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the
Board of Regents of the Texas A &M University System for the benefit of Texas A &M University-
Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road
and Nile Drive, including South Guth Park. The City Council also authorized the City Manager to
take all further actions to affect the gift and conveyance.
Through the fiscal year end closing process, the City has identified additional debt capacity that can
be utilized to fund the acquisition and construction of the relocated bail fields. Financial Services,
along with our Financial Advisor, Mark Seal with M.E. Allison, will issue a request for information
to the local banks in Corpus Christi for the issuance of Tax Notes in the amount not to exceed
$7,500,440 to fund the relocation of the ball fields. The maximum allowable term for tax notes is
seven years. However, Financial Services is expecting the term of the notes to be between two and
three years.
The City has identified specific parcels ofland that can be used for the relocated ball fields. In order
to complete the project in a timely manner, it is necessary to incur costs prior to the issuance of the
notes. The General Fund has sufficient monies in the unreserved fund balance to appropriate and
expend on the project with the expectation ofreeeiving reimbursement from the proceeds ofthe Tax
Notes. In order for the City to reimburse itself from the tax notes proceeds, a reimbursement
resolution must be approved by City Council in accordance with Treasury Regulations.
RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE
COSTS OF SOUTH GUTH BALL FIELDS RELOCATION PROJECT IMPROVEMENTS
WHEREAS, the City of Corpus Christi, Texas (the "City ") is a home -rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project ")
prior to the issuance of obligations by the City in connection with the financing of the Project from
available funds, particularly funds of the City's general find;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the City
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $7,500,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax - exempt obligation will be issued pursuant to
this Resolution more than three years after the date any expenditure which is to be reimbursed is paid.
Date: November 20, 2007
Attest:
Armando Chapa, City Secretary HENRY GARRETT, MAYOR
CITY OF CORPUS CHRISTI
Approved: November 15, 2007
4, f
,f/ � z
V� � B y:
Lisa Aguilar, Assisku-t City Attorney
for City Attorney
Exhibit "A"
Land acquisition, design, construction and development of a ball field park known as the South Guth Ball
Fields Relocation Project.
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
..■•■
ORDINANCE
TO APPROPRIATE $750,000 FROM THE UNRESERVED FUND BALANCE IN
NO. 1020 GENERAL FUND FOR LAND ACQUISITION AND DESIGN WORK
RELATING TO THE SOUTH GUTH BALL FIELDS RELOCATION PROJECT;
CHANGING FY 2Q07 -2008 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 027352 BY INCREASING APPROPRIATIONS BY $750,000;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $750,000 from the Unreserved Rand Balance in the No. 1020
General Fund is appropriated for land acquisition and design work relating to the
South Guth Ball Fields Relocation Project.
SECTION 2. That FY 2007 -08 operating budget adopted by Ordinance No.
427352 is changed to increase appropriations by $750,000.
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
20th day of November.
ATTEST:
Armando Chapa
City Secretary
APPROVED: November 15, 20Q7
4
, ;
Lisa Aguilar,,
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
i.
HALEG-DIR\Lisa\Ordinance 2007\South Guth Ball Fields Relocation Project.DOC
Corpus Christi, Texas
_Day of _, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance 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 McCutchon _..
13
AGENDA MEMORANDUM
City Council Action Date: November 20, 2007
SUBJECT: Northside Redevelopment Plan
(Project No. 90091)
AGENDA ITEM:
A
_
a. Ordinance appropriating $43,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hal! CIP Fund, transferring to and appropriating in the No. 4670
Development Services Fund adopted by Ordinance 027352 for Consultant Services
for the Performance Improvement in the Northside Redevelopment Plan Project;
changing the FY2006 -07 Capital Budget adopted by Ordinance No. 026997 by
increasing revenues and appropriations by $43,000.00 each; and declaring an
emergency.
b. Motion authorizing the City Manager, or his designee, to execute a Consultant Services
with Civic Design, Associates, of Houston, Texas in the amount of $136,710.00 for the
for the Northside Redevelopment Plan Project.
ISSUE:
The Northside area is in need of redevelopment which requires extensive work with
neighborhood residents and property owner to develop a plan for redevelopment plan
outlining financial requirement and strategies for the area.
FUNDING: Funding for this project for Phase 1 is available upon appropriation by the
Council. Funding for Phase 2 and 3 will require identification prior to proceeding with the
work.
RECOMMENDATION:, Staff recommends approval of the ordinance and motion as
presented.
4--
Robert Nix
Assistant City Manager for
Development Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
HAH O EWE I \ EN‘Devel op e■ - Ices ■Nor' ■s ide Recieve Iopment P I a n‘ ons ul t o n r d T =
F--
Kevin Stowers
Interim Director of Engineering Services
EXHIBIT "Al]
Pale 1 of 1
AGENDA BACKGROUND INFORMATION
SUBJECT: Northside Redevelopment Plan
(Project No. 90091)
PROJECT DESCRIPTION:
The Northside has been a struggling historic residential and commercial area. The
neighborhood has a strong neighborhood association. The residents have a fierce loyality
to the neighborhood and its history. The City has undertaken many projects over the years
to make improvements in the neighborhood.
Review of prior efforts led to the conclusion that an independent consultant without local
connections presented the best opportunity to open new initiatives for the neighborhood.
Development Services released a Request for Proposals. As a result of the selection
process, the firm of Civic Design of Houston, Texas was selected as best qualified. Based
on mutual discussion with the residents, neighborhood association, and consultant project
goals and a scope of services was developed.
Upon approval of the motion the Consultant will be given notice to proceed with Phase 1
services. The Consultant will also be instructed not to proceed with Phase 2 and 3
services without written authorization.
CONTRACT:
The contract will consist of three phases. The phases are:
• Phase I: Research and Assessment. Consultant will conduct up to four (4)
community meetings, a mail survey, stakeholder interviews, and an assessment of
existing conditions. The Consultant will conduct a presentation of the report to the
Planning Commission the City Council,
• Phase 2: Redevelopment Plan/Report. The Consultant will conduct two (2)
community meetings. The Consultant will prepare a regulatory assessment report
based upon the Research and Assessment Phase and the results of the community
meetings. The Consultant will prepare and conduct a design workshopicharrette
with a minimum of three (3) public meetings. A presentation of the report will also
be delivered to Planning Commission the City Council.
• Phase 3: Final Report. Based upon input, the Consultant will conduct four (4)
community meetings, complete a financial analysis, and prepare a final report and
action plan. The Consultant will present the revised final report to the Planning
Commission and City Council.
The Contract Summary is attached. See Exhibit C.
FUNDING:
The appropriation will permit work on the project to begin and ccimplete Phase 1 services.
CONTRACT SUMMARY
Agreement for Consultant Services
Northside Redevelopment Plan
SCOPE OF SERVICES
PROJECT SCOPE
PHASE I: Research and Assessment. Consultant will conduct up to four (4) community
meetings, a mail survey, stakeholder interviews, and an assessment of existing conditions. The
Consultant will prepare and deliver to the Assistant City Manager of Development Services
twenty (20) copies of a draft. Based upon the comments and results of the presentation, the
Consultant will finalize the report, deliver twenty (20) copies to the Assistant City Manager of
Development Services. The Consultant will conduct one (1) meeting to present the final report.
Additionally, the Consultant will conduct a presentation of the report to the Planning
Commission the City Council.
Phase 2: Redevelopment Plant Report. The Consultant will conduct two (2) community
meetings. The Consultant will prepare a regulatory assessment report based upon the
Research and Assessment Phase and the results of the community meetings. The report will
be delivered to the Assistant City Manager of Development Services.
The Consultant will prepare and conduct a design workshopicharrefte with a minimum of three
(3) public meetings. The Consultant will prepare a draft report outlining the results of the
regulatory assessment and design workshopicharrette. The Consultant will prepare and deliver
to the Assistant City Manager of Development Services twenty (20) copies of a draft report and
conduct one (1) meeting to present the draft report. Based upon the comments and results of
the presentation, the Consultant will finalize the report, deliver forty (40) copies to the Assistant
City Manager of Development Services and conduct one meeting (1) to present the final report.
A presentation of the report will also be delivered to Planning Commission the City Council.
Phase 3: Final Re oft. Based upon input from the community, neighborhood, City staff,
Planning Commission, and City Council, the Consultant will conduct four (4) community
meetings, complete a financial analysis, and prepare a final report and action plan. Twenty (20)
copies of the final report/action plan will be delivered to the Assistant City Manager of
Development Services. The Consultant will conduct one (1) presentation of the final draft
report/action plan_ The Consultant will finalize the report following the presentation of the draft
report. Twenty (20) copies of the final report will be delivered to the Assistant City Manager of
Development Services. After City staff review, the Consultant will make any changes or
corrections requested and deliver forty (40) copies of the revised final report. The Consultant
will present the revised final report to the Planning Commission and City Council.
FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $136,710.00. This fee will be full
and total compensation for all services provided and expenses incurred in performing the tasks
specified.
Summa of Fees:
Phase 1
Four Community Meetings
Mail Survey
Stakeholder Intel-views
Not to Exceed
Budget
7,200.0
1.4
Existing Condition Assessment
10 000.01
__._
1.5
Draft Report (20)
_ 440.0 •
1.6
Final Report (20) and Presentations (2)
1,600.00
1.7
Revised Final Report and Presentation to Planning Commission &City Council
800.01
Phase 1 Tota Fee
--
43,000.0 1
-
2 ---- ---- --
- -Phase
2.1 Community Meetings (2)
- - -- ....
-
7,200.0
2.2 :Resulato Assessment Report
5,000.00
2.3 Pesign WorkshopiCharette (3)
I�
35 000.00,
6,000.00
2.4 1Workshop Report
2.5 'Draft Re.ort and Presentations 2
2,800.00
2.6 Final Report and Presentation (1)
1,600.00
2.7 Revised Final Repprt and Preser�tation to Planning Commission &City Council
3,200.00
Phase 2 Tota Fe_
800.06
Phase 3
Community Meetings (2)
4,800A0
3.9
3.2
Financial An*sis _
1 -------
Final Re iort/Action Plan
7,200A0
8,000.00
3.3
3.4 Draft Reports (20) and Presentation
2,80000
3.5 Final Resorts 20
400.00
3.6 Report 40 and Presentation to Plannin. Commission 8 City Council
3,200.40,
Phase 3 Total Fee
26 400.00
Project Contingency
6,510.44
Total Not to Exceed Feed
710.01
Exhibit B
Pa e
File \ M• ro' ect \courrcilexhi6its \exh90091.dwg
NORTHSIDE REDEVELOPMENT PLAN
art COUNCIL EICHIBIT
rin, of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of 7
DATE: r 1 - 15-2007
Il
IMP' INI
NW
turioW
ORDINANCE
APPROPRIATING $43,000.00 FROM UNAPPROPRIATED
SETTLEMENT PROCEEDS IN THE NO. 3'160 CITY HALL CIP FUND,
TRANSFERRING TO AND APPROPRIATING IN THE NO. 4670
DEVELOPMENT SERVICES FUND FOR CONSULTANT SERVICES
FOR THE PERFORMANCE IMPROVEMENT IN THE NORTHSIDE
REDEVELOPMENT PLAN PROJECT; CHANGING THE FY2006 -07
CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 BY
INCREASING APPROPRIATIONS BY $43,000.00; CHANGING THE
FY2007 -08 OPERATING BUDGET ADOPTED BY ORDINANCE NO.
027352 BY INCREASING REVENUES AND APPROPRIATIONS BY
$43,000.04, EACH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION I . An amount of $43,000.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund is transferred to and appropriated in the No. 4670
Development Sen./ices Fund for Consultant Services for the Performance Improvement
in the Northside Redevelopment Plan Project.
SECTION 2. The FY2006-07 Capital Budget adopted by Ordinance No. 026997 is
changed by increasing appropriations by $43,000.00.
SECTION 3. The FY2007-08 Operating Budget adopted by Ordinance No. 027352 is
changed by increasing revenues and appropriations by $43,000.40.
SECTION 4. 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 20th day of November, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS T FORM: 14- Nov -07
Veronica Ocanas
Assistant City Attorney
for City Attorney
112007 ORD App 43,000 Northside Redev Plan
THE CITY OF CARPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
Day of _ � _ _ , 2047
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper _.
Larry Elizondo, Sr.
Mike Hummel' _.....
Bill Kelly _
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon ..
112007 ORD App 43,000 Northside Redev Plan
14
AGENDA MEMORANDUM
DATE: November 20, 2007
SUBJECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road
{Project No. 6265} [BOND ISSUE 2004]
AGENDA ITEM: Ordinance appropriating $19,364.80 from the LaMarr Womack and
Associates, LP contribution to Wastewater CIP Fund No. 3430 for the Up River Road
Reconstruction Project No. 6265; changing the FY 2006 -2007 Capital Improvement Budget
adopted by Ordinance 026997 by increasing appropriations in Wastewater CIP Fund No.
3430 by $19,364.80; and declaring an emergency.
ISSUE: Anew development is planned on the north side of Up River Road at the Up River
Road/Japonica Street intersection that will require wastewater services. The City Bond
Issue 2004 Street Improvements for Up River Road currently is reconstructing this road
section and associated wastewater lines and manholes. The developer has requested the
City to extend the existing wastewater line and install a new manhole. This is a more cost
effective solution and avoids future traffic disruption with demolition and patching of newly
constructed roadway.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Additional Support Material_
Exhibit "A" Background Information
Exhibit "B" Ordinance
Exhibit "C" Location Map
HAUSERSZFIONIEWELMAPIGEMSTREETN6265 UP RIVER OAD END MEMO
i.-
■1.1.••
1r
14 D
7
Kevin Stowers,
Interim Director of Engineering Services
BACKGROUND INFORMATION
SUBJECT. Up River Road Improvements from Rand Morgan Road to McKinzie Road
(Project No. 6265) [BOND ISSUE 2004]
BACKGROUND: LaMarr Womack &Associates Tract, Block I , tot 1 is 4.002 acres
located west of Rand Morgan Road and north of Up River Road. The development and
platting of LaMarr Womack &Associates Tract, Block 1, Lot 1 requires wastewater plans
and construction.
The City has a Capital Improvement Program project underway that will replace utilities and
reconstruct Up River Road adjacent to the LaMarr Womack Tract. To avoid cutting the
reconstructed street in the future, LaMarr Womack & Associates, LP (Developer) asked the
City to construct the wastewater extension required for LaMarr Womack &Associates
Tract, Block 1, Lot 9 as part of the City's Up River Street Reconstruction Project #6265.
The Developer agreed to pay the City for the cost of the required wastewater construction
estimated by the City's contractor to be $19,364.80. On October 5, 2007, the City received
payment from the Developer in the amount of $19,364.80.
The coordination of the City's and the Developer's projects results in a win-win situation for
bath parties. LaMarr Womack &Associates, LP has the wastewater construction required
as a condition of platting constructed in accordance with its development schedule and the
City does not install a brand_ new street only to have it corn up a few months later by the
Developer installing required wastewater construction.
The scope of work the Developer paid for includes the construction of a 4-foot diameter
manhole on the LaMarr Womack and Associates Tract and the extension of approximately
106 linear feet of 8 -inch PVC gravity sanitary sewer across Up River Road. The new 8-
inch PVC line will tie into the existing 8 -inch sanitary sewer line after the existing
wastewater manhole on Up River Road and Japonica Drive is removed. The new 4 -foot
diameter manhole, 8 -inch PVC sanitary sewer line, all connections, backfill, televising,
trench safety and appurtenances will be included in the City's Up River Street
Reconstruction Project #6265.
H: IUERIHOMEIELMAP1C3EN1TREET165 UP RIVER ROJ4D1FiIP - AGENDA BACKGROUND
Page 1 of 2
AN ORDINANCE
APPROPRIATING $19,364.80 FROM THE LAMARR WOMACK AND
ASSOCIATES, LP CONTRIBUTION TO WASTEWATER CIP FUND NO.
3430 FOR THE UP RIVER ROAD RECONSTRUCTION PROJECT NO.
G265; CHANGING THE FY 2006 -2007 CAPITAL IMPROVEMENT
BUDGET ADOPTED BY ORDINANCE 026997 BY INCREASING
APPROPRIATIONS IN WASTEWATER CIP FUND NO. 3430 BY
$19,364.80; AND DECLARING AN EMERGENCY.
WHEREAS, LaMarr Womack and Associates, LP contributed $19,364.80 to the City to
fund the installation of a manhole and 106 feet of 8 -inch PVC wastewater line to serve
its property and required for the development of its property, to be installed in
conjunction with the City's Up River Road Reconstruction Project #6265 to avoid
damage to a newly reconstructed street.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $19,364.80 is appropriated from the LaMarr Womack and
Associates, LP contribution to the Wastewater CIP Fund No. 3430 for a developer's
contribution for the Up River Road Reconstruction Project No. 6265 and the FY 2006-
2007 Capital Improvement Budget appropriations is increased by $19,364.80.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 20t' of November, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: November 20, 2007
By:
Veronica Ocanas
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Page 2 of 2
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
w
File : \ Mproject \counciiexhibits \exh8265A.dw
Zip
ilo
gb,4)
.41,4ib
VICINITY MAP
NOT TD SCALE
N
i
PROJECT LOCATION
West Guth
Park
EXHIBIT 'C'
UP RIVER ROAD WASTEWATER
IMPROVEMENTS
CITY COUNCIL EXHIBIT
Orr of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of 1
DATE: 1 ? - 07 --2Q07
15
AGENDA MEMORANDUM
Ci Council Action Date: November 20, 2007
SUBJECT: West Guth Park Trail
(Project No. 3355)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Job
Order Contract with Nuway International Inc. of Corpus Christi, Texas, in the amount of
$142,471.94 fora 10 -foot wide concrete trail as part of the West Guth Park Trail project.
ISSUE: West Guth Park is an 80 -acre park that includes a playground, swimming pool,
pavilion, sports fields, disc golf course, picnic areas, wetland area, restrooms and the
Northwest Senior Center. This park supports numerous groups and activities, such as
wellness walks by Northwest Senior Center groups, a safe route for students traveling to
and from Tuloso- Midway Middle School, and various other school- sponsored activities,
including cross - country track meets and school picnics. The existing hike and bike trail is
inadequate to support the activities of the visitors of West Guth Park.
This project will provide a safe trail to enhance the aforementioned activities and provide a
safe place to walk and jog for the general public seeking to enjoy the natural beauty of this
coastal plains region. In order to maximize resources to fund this project, the City applied
for and received a $100,000 grant from the Texas Parks and Wildlife Department (TPWD).
FUNDING: Funding for this project will come from the MAID grant with matching monies
from restricted and unrestricted park funds within the Community Enrichment Fund of the
City's Parks and Recreation Department.
RECOMMENDATION.. Staff recommends approval of the motion as presented.
---?=detiti---2---
4,,,. Sally Gavlik
Director of Parks and Recreation
Additional Su irt _ Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
HAHOMEIRactielleAGENTarks 8 Recreation13355-West Guth Park Traillenda Merno.cloc
1
r
7
Kevin Stowers
Interim Director of Engineering Services
AGENDA BACKGROUND INFORMATION
SUBJECT: West Guth Park Trail
(Project No. 3355)
PROJECT DESCRIPTION: The proposed project consists of replacing 4,078 feet of the
existing 10 -foot wide asphalt trail with 10 -foot wide concrete and extending it 682 feet with
all -new construction of 10 -foot wide concrete. The trail is located within West Guth Park,
which is situated along Up River Road near the intersection of 1H -37 and Rand Morgan
Road.
The City applied for and received a grant in the amount of $10U,000 from the Texas Parks
and Wildlife Department through the Texas Recreational Trails Fund. The local match
required is $86,100 and the City's share will come from the following: unrestricted park
funds within the Community Enrichment Fund of the Parks and Recreation Department
($78,600) and labor for the construction of the signs and kiosks will be provided in -kind by
Parks Maintenance staff ($7,500). Continued operation and maintenance of the project will
be carried out through the regular Park Operations budget.
CONSTRUCTION SCHEDULE: The project is to be completed within 120 days of
commencement, or in April 2008.
METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting
technique created for facilities maintenance and construction - related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost-effective
and timely basis. The JOC Program utilizes an "on -call" general construction contractor on
an as- needed basis for an indefinite Quantity Contract to perform minor construction,
repair, rehabilitation or alteration of facilities.
Job Order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
➢ Allows a better defined scope with cost for the customer.
➢ Constriction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
• Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
➢ Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and /or eliminate unforeseen conditions and excessive cost growth.
Ff:IHOME1RachellelflParlcs & ftecreation15- West Guth Perk Tr8i11Agenda Barkground.dem
EXHIBIT "A"
L 1 of 2_
On January 3, 2007, the City of Corpus Christi issued an RFP (20Q7 -01) for JOG
contractors. This enabled the City of Corpus Christi to more effectively target local
contractors, including minority /minority business enterprises and HUB contractors. It also
avoided the pass- through fees associated with the TCPN.
Six contractors submitted proposals; however, one proposal was received late and was
returned unopened. After evaluation by staff and the selection committee, it was
recommended to pursue JOG contracts with two contractors:
I . Alpha Building Corporation, San Antonio, Texas with a local office at 6300
Ocean Drive, Corpus Christi, Texas, 78412, and
2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415
The first project to utilize the services of Alpha Building Corporation under the „IOC format
was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and
CDBG- funded project which was approved by the City Council on April 10, 2007.
A similar contracting technique was approved by the City Council in September 2005 under
the Texas Cooperative Partnering Network (TCPN). Fire Station No. 13 and Kiwanis
Softball Field Improvements (both Bond 2004 projects) were successfully completed under
the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio.
PRIOR ADMINISTRATIVE ACTION:
I . January 3, 2007 - Distribution of Request for Qualifications (RFQ) No. 20Q7 -41 Job
Order Contracting.
2. January 29, 2007 - Distribution of Addendum No. 9 to the Request for Qualifications
(RFQ) No. 20U7 -D1 Job Order Contracting.
%.
1i:11-1MacheklelEAllParks & Recreat€on%5-West Guth Park TrainAgenda Background.doc
Fide ro•ect\councilexhibits\exh3355.dw
WEST GUTH PARK TRAIL
CITY COUNCIL EXHIBIT
CITY of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 1 1-12-2007
IMP l■
16
AGENDA MEMORANDUM
SUBJECT: Ben Garza Gymnasium HVAC Systems Replacement 2007
(Project No. 3327)
AGENDA ITEM:
DATE; November 20, 2007
A. Ordinance Appropriating $'178,00.04 from the Unappropriated Fund Balance in the No. 1020
General Fund for Replacement of the Ben Garza Gymnasium HVAC System and Associated
Expenses; Changing FY 2007 -2008 Operating Budget Adopted by Ordinance No. 027352 to
increase Appropriations by $178,000; and Declaring an Emergency.
B. Motion authorizing the City Manager, or his designee, to execute a construction contract with
Ma left, Inc. from Corpus Christi, Texas in the amount of $143,015 for the Ben Garza Gymnasium
HVAC Systems Replacement 2007 Project for the total Base Bid and Additive Alternate Na. 1.
ISSUE: The proposed project consists of the replacement of the HVAC systems at the Ben Garza
Gymnasium located at 9815 Howard Street. The HVAC systems are unreliable and unable to maintain
comfortable temperatures during normal temperatures. The systems are at the end of their economic
life. Failure to replace the systems will result in the eventual complete failure of the HVAC systems at
Ben Garza Gymnasium.
It is proposed to replace eight (8) packaged rooftop units with associated ductwork, curbs, supports,
piping, and controls at the Ben Garza Gymnasium. Completion of the project ensures efficiency and
maximum functionality. The project has bid and is ready to be awarded, which requires City Council
approval.
FUNDING: Funding is available from the FY 2007 Parks and Recreation Capita! Improvement Plan (CP)
Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
1,--)
L......L....--
41.1.-Sally Gavlik,
Director of Parks and Recreation
Additional Support Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Project Actions
Exhibit "B° Project Budget
Exhibit "C" Tabulation of Bids
Exhibit "D" Location Map
H:IUSER 1H NlEWEL PICEhJ1PARKS & RE0332nAGENDA MEMO
Kevin Stowers,
interim Director of Engineering Services
/ d'°-7
BACKGROUND INFORMATION
SUBJECT: Ben Garza Gymnasium HVAC Systems Replacement 2007
{Project No. 3327}
PROJECT DESCRIPTION: The actual work consists of the replacement of eight (8)
packaged rooftop units with associated ductwork, curbs, supports, piping, and controls.
Other work includes demolition /disposal of existing rooftop units and disconnecting,
extending, rerouting and reconnecting of associated electrical feeders. Modifications to
roofing including asbestos abatement as required to accommodate new and existing roof
curbs and new ductwork. Alternate Bid Item No. 1 includes specified condenser coil
coatings for all new packaged rooftop units condensing coils. All work to be complete with
all appurtenances, in accordance with the plans, specifications and contract documents.
BID INFORMATION: Bids were received on November 7, 2007 with tour (4) bidders
submitting a proposal. The bids range as follows:
Base Bid I from
Additive Alternate No. 1 I from
$138,665
$4,35Q
to I $238,67/T to $13,033
The engineer's estimated cost of construction is $270,000. The low bid was submitted by
Malek, Inc., see Exhibit "C" Tabulation of Bids. The City's consultant, Stridde, Ca Dins &
Associates, Inc., and City staff recommends that the construction contract be awarded to
Ma left, Inc. of Corpus Christi, Texas, in the amount of $138,665 for the Base Bid and
$4,350 for Additive Alternate No. I , for a total contract award in the amount of $143,015 for
the Ben Garza Gymnasium HVAC Systems Replacement 2007 Project.
TIME OF COMPLETION: The contract provides for the work to be complete within 140
calendar days of notice to proceed.
FiAUwERtiS1HOME1ELP1EN1PARK.` & RE1371ACaEND BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: Ben Garza Gymnasium HVAC Systems Replacement 2007
(Project No. 3327)
PRIOR COUNCIL ACTION:
1. Seritembe— Ordinance approving the FY 2Q07 Capita! Improvement Plan
(CIF) Budget in the amount of $146,994,500. (Ordinance No. 026997)
PRIOR ADMINISTRATIVE ACTION:
1. April 10_, 2007 — Administrative approval of a Small NE Agreement with S #ridde,
Gains Associates, Inc. from Corpus Christi, Texas in the amount of $23,800 for the
Ben Garza Gymnasium HVAC Systems Replacement 2007.
H: IUSERIHOME11fELiNAP1Eh #IPARKS & RE071 PRIOR PROJECT ACTIONS
PROJECT BUDGET
BEN GARZA GYMNASIUM HVAC SYSTEMS REPLACEMENT 2007
Project No. 3327
■
FUNDS AVAILABLE:
Parks and Recreation CIF__
November 20, 2007
.....1.1.4....P.P•04.P.PlifFliilligeDISIVIDNEI•il D• D D ■ D ■ D ■ DD. $178,000•00
FUNDS REQUIRED:
Construction (Malek, Inc.)... •..........M MDDDDEDDNDENDDDDDED•DD•1•1DED•MODS•M bilD41141.0040 $143,015.00
Contingencies..............................iiiiWii•M•IliabilW6•SWODabild..ii•i.p....p 5,685.00
Consultant (Stridde, Callins & Associates, Inc.)...........• ....iliteleDEMe•MODiDE• 23,800.00
Engineering Reimbursements..................•D•WWWW•D•D•libibili.D6b..i...•.. 4,500.00
i
Ms c. (Printing, Advertising, etc.)..............•.r.......•..••••......P.PIIII IllElleitli 1 '000,00
Total.....,...., ri•.,*4.4.04paaEr•r•eassamboreaswebertsabts •IMIDINEMINteeD•I•Ma•ilal•lailirdalia $178,000400
li
HAUSERS211-10MEWELMAMGENTARKS REC‘33271PROJECT BUDGET
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI
Estimate $270,000
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I.
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI
Estimate $270,U00
Tabulated by: 'Angel R. Escobar, P. E. Director of Engineering Services
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Date: November 7, 2007
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File : \Mpro'ect\coundlexhibits\exh3327.dw
I1 I /.) .l I III
LIPAN ST
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PROJECT # 3327
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PROJECT
SITE
EXHIBIT RD"
BEN GARZA GYMNASIUM
HVAC SYSTEMS REPLACEMENT
DEPARTMENT OF ENGINEERING SERVICES CITY COUNCIL EXHIBIT
OF
17Y OF CORPUS CHRISTI, TEXAS 17Y OF TEXAS
PAGE: 7 of 1 ,'-
.., -
DATE: 11 -12 -2007 `^'~..
ORDINANCE
APPROPRIATING $178,000.00 FROM THE UNAPPROPRIATED FUND
BALANCE IN THE NO. 1020 GENERAL FUND FOR REPLACEMENT OF THE
BEN GARZA GYMNASIUM HVAC SYSTEM AND ASSOCIATED EXPENSES;
CHANGING FY 2447 -20U8 OPERATING BUDGET ADOPTED BY ORDINANCE
NO. Q27352 TD INCREASE APPROPRIATIONS BY $178,000; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS:
SECTION 1. That $178,000 from the unappropriated fund balance in the No. 9020 General
Fund is appropriated for replacement of the Ben Garza Gymnasium HVAC System and
associated expenses.
SECTION 2. That FY 2007 -2008 Operating Budget adopted by Ordinance 027352 is
charged to increase appropriations by $178,000.00.
SECTION 3. That upon written request of the Mayor or eve Council members, copy
attached, the City Council (I) 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 20T" day of November 20D7.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 15, 2007
ce,t4;1,
Lisa Aquila
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
HALEG-DIRlisalOrdinance 2007\November 20 2007 HVAC systernCIRdoc
Corpus Christi, Texas
_ Day of _
-, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, Therefore, request that you
suspend said Charter rule and bass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council_
Respectfully, Respectfully,
•■.■■1
■
Henry Garrets
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper _
Larry Elizondo, Sr.
Mike Hummell _
Bill Kelly
Priscilla G. Leaf _
John E. Marez
Nelda Martinez
Michael McCutchon
17
AGENDA MEMORANDUM
DATE: November 20, 2007
SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction cOntract
with Highway Technologies, L. P. from Corpus Christi, Texas in the amount of $140,110
for the City -wide Street Striping and Pavement Marking Contract for a period of one (1)
calendar year (12 calendar months), with the option to extend the contract for up to two (2)
additional one (1) calendar year terms.
ISSUE: Currently City crews and equipment are focused on completing necessary street
repairs. The proposed project out - sources street striping and pavement markings in a
cost - effective manner to accomplish the Street Department's requirements.
This is a one -year contract with two potential one - calendar -year terms. An economic
adjustment will be negotiated at the conclusion of each calendar -year period, subject to the
approval of the City Council, Contractor and the Engineer.
FUNDING: Funding is available from the FY 2Q07 Street Operating Budget.
___.,..
RECOMMENDATION: Staff recommends approval of the Motion as presented.
Kevin Stowers
rector of Solid Waste /Street Services Interim Director of Engineering Services
Additional Sport Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Project Actions
Exhibit "B" Project Budget
Exhibit "C" Tabulation of Bids
Exhibit "D" Location Map
j i-1 F liqj
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1
61e-ii-- ; -
HAUSERSZHOMEWELMARGENISTREER6421 CITY WIDE STR STRIPING MARKINMAGEraD►a MEMO
BACKGROUND INFORMATION
SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421)
PROJECT DESCRIPTION: The actual work consists of furnishing and placing
reflectorized pavement markings at various locations throughout the City under multiple
work authorizations [indefinite delivery /indefinite quantity (ID1Q)].
The approximate minimum quantity of work for most authorizations will be 40,000 LF of
striping. According to the proposal form, the street striping and pavement markings project
consists of the following:
➢
1,357,000 LF of 4" solid and skip white and yellow striping
➢ 4,600 LF of 8" solid and skip white striping
➢ Five instances of small- quantity authorizations (less than 40,000 LF)
BID INFORMATION: Bids were received on November ?, 2007 with one (1) bidder
submitting a proposal. The engineer's estimated cost of construction is $150,000. The low
and only bid was submitted by Highway Technologies, L. P., see Exhibit °C" Tabulation of
Bids. The City's consultant, Shiner Moseley &Associates /HDR Engineering, Inc., and City
staff recommends that the construction contract be awarded to Highway Technologies, L.
P. of Corpus Christi, Texas, in the total amount of $140,110 for the Total Base Bid on the
City -wide Street Striping and Pavement Marking Contract.
TIME OF COMPLETION; The contract provides for the work to be complete within one (1)
calendar year (12 calendar months) of notice to proceed.
H: IUSERS2IHOMEIVEL lMAP1GEN1S7REE71i6421 CITY WIDE STR STRIPING PAVEMENT MARKIHGWGENUA BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: City -wide Street Striping and Pavement Marking (Project No. 6421)
PRIOR COUNCIL ACTION:
I . July 24, 2001 - Ordinance adopting the City of Corpus Christi Budget for the ensuing
Fiscal Year beginning August I , 2Q07, to be filed with the County Clerk; appropriating
monies as provided in the budget. (Ordinance No. 027352)
PRIOR ADMINISTRATIVE ACTION:
1. Ma 16. 2001 - Administrative approval of a Small NE Agreement with Shiner,
Moseley &Associates /HDR Engineering, Inc. from Corpus Christi, Texas in the
amount of $24,000 for the City -wide Street Striping and Pavement Marking.
HAUSERSZHOMEWELMARGENISTREET16421 CITY WIDE QTR STRIPING PAIIEIVIEIVT MAR CN ,IPRIQR PROJECT ACTIONS
PROJECT BUDGET
CITY-WIDE STREET STRIPING AND PAVEMENT MARKING
Project No. 6421
FUNDS AVAILABLE:
Street Operating...........
November 20, 2007
. ... $183,621.00
.
1.41.1MI•INIP•MONNED••••••••••••••1.4•4.1.4.•ijiii•Elp pullSED••• MN.
FUNDS REQUIRED:
Construction (Highway Technologies, L. P.)....... . ■ ...
041..000.4p.irsi. r sou.. .. • . . s . . ass $140,110.00
Contingencies (10%)............................................a•WIE..•.01W••1•WW4 14,011.00
Consultant (Shiner Moseley & Associates/HDR Engineering, Inc.)........... 24,000.00
Engineering Reimbursements....•....... ...•••••••••••••••••• MMON•NEWS.1.6.4.•.p.....p. 4,500.00
Misc. (Printing, Advertising, etc.)..............4.••iiiiiirnirni . .
..... q Ili lil Olt Mil len .. ..... _1,Q00.00
Total.......... ... ■ .. ..
INIIIIINI••......4•11.1.1.0.1.....141. • ■ MDMOINI•ONSIMININIINDMINa. MiliMil.....*.lql $183,621.00
HAUSERS2U-10MEWELMAP\GENISTREER6421 CITY WIDE STR STRIPING PAVEMENT iviARHINGPROJECT BUDGET
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES -CITY OF CORPUS CHRSTI
Estimate $150,000
Tabulated bar: 'Angel F . Escobar, P. E. Director of Engineering Services
(7)
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TOTAL BASE 81D (Bid Items 1
_ _.....k ___
\Mproject\councilexhibits\exh642 1 .dwg
i.
CITY -WIDE STREET STRIPING
AND PAVEMENT MARKING
CITY COUNCIL EXHIBIT
CITY of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: ! cif 1
DATE:1 1/13/2007
18
AGENDA MEMORANDUM
DATE: November 20 2007
SUBJECT: HARBOR LIGHTS FESTIVAL
AGENDA ITEM: Motion authorizing a permit for the temporary closure of Shoreline
Boulevard between Peoples Street and Lawrence Street on Saturday, December 1,
2007 from 8:00 am to 11:30 pm for the Annual Harbor Lights Festival and authorizing
the City Manager, or his designee, to issue a permit for the temporary closure upon
meeting the conditions and requirements for permit in Sec. 49 -17.
ISSUE: The Harbor lights Festival Foundation will require the temporary closure of
Shoreline Boulevard between Peoples Street and Lawrence Street and this requires
Council approval. Section 49 -17(a) of the City Code of Ordinances, requires, as a
condition of the street closure, that all events shall be open to the public and
admission shall be free.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require
City Council approval.
RECOMMENDATION: Approval of the motion as presented.
Kevin Stowers
Interim Director of Engineering Services
Additional Su ort Material
I. Exhibit "A" Background Information
2. Exhibit "B" Site Map
3. Exhibit "C' Permit Application from Harbor Lights Festival
BACKGROUND INF4RMATIQN
Back round Informations City of Corpus Christi Traffic Engineering Division has
received a permit request to temporarily close Shoreline Boulevard between Peoples
Street and Lawrence Street on Saturday, December 1, 2007 as shown in Exhibit "B ".
The request was made by Harbor Lights Festival Foundation and if approved will
accommodate the Annual Harbor Lights Festival. The event will be open to the public at
no charge and is expected to draw several thousand spectators throughout the day.
As a requirement of the current City Ordinance, the event organizers have given written
notice of the proposed temporary street closures to all tenants occupying a tenant
space of property abutting that portion of the street to be temporarily closed to vehicular
traffic; and in addition to all building managers and property managers of multi- tenant
properties abutting that portion of the street to be temporarily closed to vehicular traffic.
Traffic Engineering has received no inquiries or complaints about access from local
businesses in the area. There are no outstanding issues or concerns as of today
November 12, 2007, Any others that may come up between now and event time will be
addressed to reasonably accommodate all parties involved.
Street Closin sand Detours: Street closures will occur at approximately 8:00 am and
conclude at 11:30 pm on December I , 2007. Street closings for the event are necessary
to allow the set -up of traffic control devices and other safety devices located within
street right of ways. Special detour signage and or traffic officers wilt be provided to
guide motorists to businesses within the affected area.
Effect on acracent businesses: Staff has discussed the proposed street closings with
business owners and building managers. All activities scheduled during the same time
period as the event will be coordinated by City Staff, Corpus Christi Police Department
and event organizers to accommodate everyone without major inconvenience.
Event Description: The Harbor Lights Celebration is the kick off to the Christmas
Holidays in the Coastal Bend. Activities include the children's parade, boat parade,
laser light show, lighting of the Tree of Lights and a children's activity area.
Exhibit "A"
EXHIBIT - "B"
SUBJECT: HARBOR LIGHTS
PARADE ROUTE AND TEMPORARY STREET CLOSURE
- SITE PLAN -
Traffic Engineering Div.
Engineering Services Dept.
October 30, 2007
City of Corpus Christi
Traffic & Engineering Department
As the 26th Annual Harbor Lights Festival approaches the Harbor
Lights Committee respectfully requests the closure of Shoreline Blvd.
between Peoples Street and Lawrence Street for the community's
annual kick off to the Holiday Season, an December 1, 2007.
We appreciate your time in reviewing the enclosed event information.
Coo! Thoughts,
Elaine Motl
Executive Director 3b1- 985 -1555
EXHIBIT "C"
I.-harbor Lights Festiva!
Fact Sheet
THE EVENT ................................................... ...............................
..................
26th ANNUAL HARBOR LIGHTS FESTIVAL, SATURDAY, DECEMBER i, 2007 Corpus Christi's
unique celebration, ringing in the beginning of the holiday season for residents and visitors alike. The
event has continued to grow each year and is 'Featured in newspapers across the country as a "must see"
event. The beautiful skyline and Bayfront marina area is illuminated for the holiday season. The fun and
hospitality of the downtown waterfront area provides the setting for wonderful sights, enjoyable
family activities, and a variety of vendors featuring great food, and holiday items.
LOCATION............................................ ............................... .......
SHORELINE BM) BETWEEN PEOPLES STREET AND LAWRENCE STREET
In beautiful downtown Corpus Christi along Shoreline Blvd. an the Beyfront in front of the sparkling
marina. Enjoy the illuminated skyline, the decorated stores and restaurants and the joy of the holidays
that are found wherever you Cook.
ATTENbANCE............................................................................. - - -
The event is FREE to the public and attracts families from throughout the Coastal Bend and visitors
from as tar away as Connecticut.
Children's parade
Gingerbread Holiday Tree Village Opens
Children's Activity Area Opens
Entertainment Stage Opens
Lighting Ceremony Begins
Santa's Motorcade
Whataburger Laser Light Show
Lighting of the 75ft. AEP Tree of Lights &Downtown
Floating Stage Opens
Illuminated Boat Parade
FESTIVITIES•em000e••••••••••••••••••••••••••••0•••••••••••••••*••••••••••
•••••••••••••••••••••••0••••********
*Children's Parade
Santa and the Parade will begin at the Memorial Coliseum and proceed north in the southbound lane of Shoreline Blvd. to
Schatzell Street. The spectacular view of the Bayfront makes watching the parade even more delightful. The judges will
be located on the median of Shoreline Blvd. near Schatzell Street and a special awards presentation will take place later in
the evening for those winning in their category.
FESTIVITIES, continued
• • • # • • * • • • • f • * # • .. 4 . • • • e * 0 o e # f o # * • • • • • • * • • • * • • •
• # • • # • • • • • # • • * * • • •• • * • • * • # # • e m # v o o m m # # ,
*Children's Activity Area
The bowntown Optimist Club supports a Children's Activity Area with games, face painting and holiday activities for
enjoyment. Children will be assisted by more than 50 volunteers in writing postcards to Santa, writing holiday greeting
cards, and making gifts such as garlands, jewelry, and ornaments. Santa always shows up to say a special 'hello' to the
children.
*The Main Entertainment Stage
Enjoy a variety of live entertainment from church groups, school chairs and other area talent singing and performing holiday
cheer. A true vocal point of the evening with crowd pleasing songs and special presentations. Attendees enjoy a concert
performed live before the Illum +natec3 Boat Parade.
*Ceremonial Lighting of the 75' AEP Tree of Lights
Harbor Lights wouldn't be complete without the ASP 75 foot Tree of flights. Santa's Motorcade will arrive in grand style
led by festive twirlers, ornate floats ending with the guest of honor - -Santa Claus. The motorcade will travel dawn
Shoreline Blvd. to the lighting ceremony. Santo, along with several special guests of honor, flip the switch and the fighting
of the Tree of lights officially begins the holiday season.
*Gingerbread and Holiday Tree Village
The gingerbread and the holiday tree village has proved to be a crowd favorite! Beautiful gingerbread houses and designer
creations are hand -made by businesses and residents, then displayed for public viewing. A creative holiday atmosphere is
treated in an air - conditioned tent decorated with lighted holiday trees. Each of the trees are uniquely decorated by area
schools, organizations and the focal community. And in the middle of the village Gingerbread cookies are available for
decorating and purchase while special demonstrations are planned.
*Laser Light Show Spectacular
The Sky fills with the bright fights of animation as lasers create a truly unique holiday show. The back drop i5 the
downtown buildings and the lasers are carefully choreographed to everyone's favorite holiday music. Areal treat for the
holiday!
*Illuminated Boat Parade
The Marina sparkles as boat captains, who have spent countless tours decorating their vessels, begin their regatta through
the bay. Professional announcing adds to the fun crs luxury motorboats, sailboats, shrimp boats, tugs, Coast Guard Cutters,
kayaks and windsurfers, float through the Marian as their captains and crews sing corals to entertain spectators and WOW
the judges along Shoreline Drive. Special awards are presentee! to winners in various categories.
www.harborlightsfestival.COM
A NON - PROFIT FOUNDATION
Supported By: E.M. Marketing Company, Inc. (361) 985 -1555
11/05/2007 23:12 2813344955 EM:MKTG: PAGE 82
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERvicES
City of Corpus Christi
ApPLicATioN FAR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS
fs‘i a I CotkrvIclke\;
4._
1. Name of Organization Sponsoring went:
z. Name of Proposed Event:
3. Date of Planned Event:
4. Key Contact Individual li% ncit-k
\\-.(\00(
_••.. a
boy '. _ V.\.5 Nrf 1
-c:>e
5. Street(s) Requested for Closure,
akartVk.c.. W Vol
Dates and
1 -oo 'I
Phone No. '1%4 5
Times of pay: - DESCRIBE
A-
ferviCt_
Purpose _ of .Event and Detailed Description of Activities Planned:
‘,?\ piVIA C \
k__SVmco
v._
7.
foods
and
beverages
to
''0, -Caco
be served:
a.... ...■ a _
8.
Services
Requested ,
r (
by
the
City:
9. Attach a diagram illustrating in detail the location of booths, stakes,
restrooms, first -aid stations, etc., that will be included in the evert. .
10. Enclose a check or money order for $20o to rover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance #20463,
4/20!$8 ).
11/05/2007 23:12 28133A4955 EM:MKTG: PAGE 03
INDEMNrry AGREEMENT
THE STATE OF TEXAS
COMM( OF NIECES
I
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section iii of said standards, entitled p • - • ur and Permit ` e uiremen �
requires a contractor for a permit to close or block any part of a roadway to foie a
statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blacking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right-of-way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, basses or expenses, including
court costs and reasonable attorney --s fees, for or on account of any injury to any
person, or any death at any time resutting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result
of the granting of this permit.
The Contractor; during the term of operations specified in this Public Right-of-
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
indorsement and with minimum limits of $110001000 Combined Single Limit for
large events or $508,000 for small events as required by the Risk Manager of the
City of Carpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be
named as Adsfifignailllszefi on the policy, Evidence of required insurance coverage
with be a Certificate of insurance furnished to the Traffic Engineering division prior to
the proposed blockage under this permit,
witness my (our) hand(s) this D-Ld\:.\‘'r crate of OC.,,\T-6\0_0—T - - -- . zoo
Permit plicant
\---arc _ __ Co t.-- \A-5 \(cer-r\i-q 1
ny Name
11/05/2007 23:12 2813344955
EM:MKTG:
2006 MARKS THE
ANNIVERSARY
OF THE HARBOR LIGHTS TTSTIVAL!
To keep this event FREE to the public -
please make a donation in the
giant Christmas box located at the entrance
of the Gingerbread Holiday Tree Village
i --- - - Pooples St. T Head
Schaal St.
filpfi
Lawrence
�,
k
Lawrence S #. T-Head
(Th
City of
9i-pu§ = hflS
THE
Beach
96.5
iL. if , ,
i , ' S ~ ,' NE.HB
._ 1. I <
• , _ - J' _qv L 1 L11 ., L
Celebrate the 2(106 Corpus Christi Holiday Season
by attending these holiday events:
"Islander Lights"
Friday, December 1
Texts A & M University •361- 825 -ARTS
"Lighting of Heritage Park"
Friday, December 1
Heritage Park • 361 - 863 -p639
PAGE 04
11f05/2007 23:16 2813344955 EM:MKTG: PAGE 01
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case of
emergency;
U. Carnival-type rides wilt not be permitted.
V. Building and Etectricat permits for a temporary promotional event, associated
construction and Certificate of Occupancy are required.
* Evidence that these conditions have been met must be presented to the
City Traffic Engineer prior to the request being submitted to the City Council for
final approval.
Signed:
Ev nt airman /Organi
(\CC r L'L
Sponsoring Organization
Dade Submitt : \l--- (0---
19
CITY COUNCIL
AGENDA MEMORANDUM
ACTION DATE: November 20 2007
AGENDA ITEM: Ordinance authorizing the City Manager or designee to enter into a thirty
eight (38) month Commercial Lease Agreement to lease from William Dennis Walker, Ill
a warehouse facility located at 1927 Mestina Street, for a term beginning December 1,
2007 and ending January 31, 2011, approving prorated lease payments of $2,400 for the
first two months (December 1, 2007 to January 31, 2008); approving payments of $28,800
for the first year (February 1, 2008 to January 31, 2009); $29,664 for the second year
(February I , 2009 to January 31, 2010); and $30,552 for the third year (February I , 2010
to January 31, 2017); and declaring an emergency.
ISSUE: The Corpus Christi Fire Department (CCFD) has an immediate need for the
storage of supplies and equipment connected with the State Homeland Security Program.
A vacant warehouse facility has been located at 1921 Mestina which is available for
immediate use. CCFD proposes to enter into a commercial lease for this facility with the
warehouse owner, William Dennis Walker, Ill and is seeking City Council approval of the
lease agreement and lease payments.
FUNDING: Fire Department Grant Fund (MMRS Metropolitan Medical Response
System) 820747 - 1062 -00000
RECOMMENDATION: Approval of the ordinance as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Location Map
Commercial Lease Agreement
Ordinance
1
Kevin Stowers
Interim Director of Engineering Services
HAHOMEEUSEBIOMGEN\Agenda items\CCFD Warehouse lease.1921 MesfinakAgenda Memorandundoc
BACKGROUND INFORMATION
SUBJECT; CCFD Commercial Warehouse Lease at 1921 Messina
The Corpus Christi Fire Department (CCFD) presently stores items for use in the State
Homeland Security Program. These items include medics! supplies, emergency lights,
portable shelters, and Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE)
detection equipment. These items are presently stored in Wells Fargo enclosed Trailers at
various Fire Stations within the City. There is immediate need for storage and warehouse
space in which to consolidate these supplies and for the storage of new items proposed to
be received in 2008. CCFD has searched for a suitable warehouse facility and has located
one at 1921 Mestina Street as shown on the attached Exhibit B.
This property, owned by William Dennis Walker, III, contains 7,800 square feet of
warehouse space and also has a small office within the building. CCFD has inspected the
property and has determined that it fulfills their needs. This building will serve as a multi
function facility addressing the needs of the Fire Department. This use will ensure the life
expectancy and security of the equipment purchased with grant funds. In the event of a
catastrophe, the storage of equipment consolidated in a common area will allow more
efficient access to the supplies.
A commercial lease has been negotiated between the CCFD and the owner fora thirty-
eight month term as shown below:
Months 1 & 2: December 1, 2007 to January 31, 2008 Payment: $ 2,400.00
Months 3 to 14: February I , 2Q0$ to January 31, 2009 Annual payment: $28,$00.00
Months 15 to 26: February I , 2009 to January 31, 201Q Annual payment: $29,664.00
Months 27 to 38: February I , 2070 to January 31, 2Q11 Annual payment: $30,552.00
The terms of the lease are summarized in the attached Exhibit C. The lease payment of
$2,400 per month for 7,800 square feet of space is at the lower end of the market rates as
compared to other comparable warehouse leases in this area. The annual lease payment
for months 15 to 26 and for months 27 to 38 will increase by 3% annually. This lease will
be paid for with funds from the FY07 State Homeland Security Grant Program until
February 2010. The remainder of the lease term, March 2010 to January 2019, will be paid
for with subsequent grant funds which are anticipated to be received. City Council
approval of all lease agreements extending beyond one year is required.
PRIOR COUNCIL ACTION:
1. November 13 2007 - Resolution authorizing the City Manager or his designee to
execute a sub recipient agreement and accept a State Homeland Security Grant fro
the Office of the Governor's Division of Emergency Management in the, amount of
$1,389,430 for the purchase of specialized equipment and training.
EXHIBIT A
Page 1 of 2
2. November 13 - Ordinance appropriating $1,389,430 from the Office of the
Governor's Division of Emergency Management Homeland Security grant program in
the No. 'I062 Fire Grants Fund for the purchase of specialized equipment and training.
FUTURE COUNCIL ACTION: None.
EXHIBIT A
Page 2 of 2
f
i
Re : \Mproject\councilexhibits\exh90015c.dwg
t.
■
i
LEOPARD ST
■
1
MESTINA ST
BRE14114AN ST
UNDER LEASE TO
METRO MINISTRIE
CITY PROJECT No. 90015
SITE PLAN
NOT TO SCALE
EXHIBIT B
PROPOSED CCFD WAREHOUSE LEASE
art couHCrt EXHIBIT of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of 1 - -
- -
. -
DATE: r 7 - 07-2007 ��
TEXAS ASSOCIATION OF REALTORS
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REgLTpRSO IS NOT AUTHORIZED_
Mixes Associatiam of REALTORSB, Inc. 20011
Table of Contents
No. Paragraph Mosul tion
1. Parties
2. Leased Premises
3. Term
A. Term
B. Delay of Occupancy
4. Rent and Expenses
A. Base Monthly Rent
B. First Full Month's Rent
r'- Prnratari Rant
V. Addilionai Rent
E. Place of Payment
F. Method of Payment
G. Late Charges
H. Returned Checks
5. Security Deposit
fi. Taxes
7. Utilities
8. Insurance
9. Use and Hours
10. Legal Compliance
11. Signs
12. Access By Landlord
13. Move -In Condition
14. Move -Out Condition
15. Maintenance and Repairs
A. Cleaning
B. Conditions Caused by a Party
C. Repair &Maintenance Responsibility
D. Repair Persons
E. HVAC Service Contract
F. Common Areas
G. Notice of Repairs
H. Failure to Repair
16. Alterations
17. Liens
18. Liability
19. Indemnity
20. Default
21. Abandonment, Interruption of Utilities,
Removal of Property &Lockout
3
4
4
4
5
5
s
s
7
7
7
7
9
9
9
9
9
10
(TAR-2101) 5-26-06 Initialed for Identification by Tenant:
No. Para ra • h Cloud tion
22.
23.
24.
25.
Zs.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Holdover
Landlord's Lien &Security Interest
Assignment and Subletting
Relocation
Subordination
Estoppel Certificates
Casualty loss
Condemnation
A 114"roft"fri RI in C..".
ir-1111001 I IQ! .0. I .001.
Representations
Brokers
Addenda
Notices
Special Provisions
Agreement of the Parties
pm
10
10
10
71
11
11
11
12
4-,
12
12
13
13
13
14
ADDENDA S EXHIBITS icheck all that apply)
Exhibit '* _ " , •1� - T ' IT �±,� _ I►� �N • - .
Exhibit
Commercial Lease Addendum for Broker's Fee
Commercial Lease Expense Reimbursement
Addendum
Commercial Lease Addendum for Extension
Option
Commercial Lease Addendum for Percentage
Rent
Commercial Lease Parking Addendum
Commercial Landlord's Rules and Regulations
Commercial Lease Guaranty
Commercial Lease Right of First Refusal
Addendum
Commercial Lease Addendum for Optional
Space
Commercial Leasehold Construction Addendum
, _ ,and Landlord:
1
Steve Roberts Realty 5934 Si Staples #2Q2, Corpus Christi TX 78413
Phone:3619931125 Fax: (361) 993 -1127 Steve Roberts Realty Associate
Produced with ZipForrnm' by RE FormsNet, LLC 48025 Fifteen Mile Road, Clinton Township, Michigan 46035 www.
EXIIIBIT
i�forrn.om
Page 1 of 14
1921 Mestina.z
TEXAS ASSOCIATION OF REALTORS
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS H ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF FEE LTA IS NOT AUTHORIZED_
Texas Association of REALTORS'S), Inc. X006
1. PARTIES: The parties to this lease are:
Tenant: CITY OF CORPUS CHRISTI
121 LEOPARD ,ST Ro Rams CHRISTI, TX 7 -401 ;and
Landlord: WILLIAM DENNIS WALKER III
P.O. BOX 2952, PORPUS CHRISTI., TX _76903
2. LEASED PREMISES:
ngr MA. Lacod lease6 io udril Um ruiiowing described real property, known as the "leased premises," along
with all its improvements (Check only one box):
❑ (i) :Suite or Unit Number _ _containing approximately
square feet of rentable area in
at- - - - --
(address) in _ _ (city ),
Texas, which is legally described on attached Exhibit
[j (2) Sir_Lg...tle- Tenant Property: The real property at:
CORPUS CHRISTI , Tx 78408 (address) in
c �
HRi$..Ta,_ _ (City), 1_ CE (county), Texas, which
is legally described an attached Exhibit or as follows:
LOTS 6 A�iD_, 7 ,
Bli C1W1.1.6____DURI IMPROVEMNT COMPANY TRACT
CITY OF CORPUS CgRISTI,_COUNTY OF CES TEXAS
(project name)
(county ),
or as follows:
1921 MESTINA
B. If Paragraph 2A(9) applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
(2) the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. Term: The term of this lease is .A__. 3e months and o days, commencing on:
December Z , 2007 _ (Commencement Date) and ending on
s near 31 2011 (Expiration Date).
(TAR- 230'i) 5 -26 -06 Initialed for Identification by Tenant:
,and Landlord: ild
Produced with ElpForrem by FEE FormsNet, LL 180 Fifteen Mile load, Clinton Township, Michigan 48035 vinvvi... m
,
Page 2 of 14
1421 Mestina.z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI . TX 78408
B. cillAy of Occupancy: lf Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the teased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
Basa tylonthit.Y Ran.: On or befoie the i day vi eddi rnuiliii dui illy iris lease, Tenani wiii pay
Landlord base monthly rent as described on attached Exhibit .. _ or as follows:
from _December _ 1, 2007..., _._
from ... February i,. 2008 _
from ebru 1 2
from February, x.`,2410
from
t0 2008
tO ._._. Januar 31 20 + 9
to January 31, 2010^,
tO _January 31, 2011
to
i
2,4oa.ao;
Ze 8 0.00;
2. 6.4.00;
�0 552.00;
B. First Full Month's Rent: The first full base monthly rent is due on or before December z 2007
ANNUAL LEASE PAYMENTS IN ADVAN E START FEBRUARY 1 2008.
C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached (Check all that apply.):
❑ (1) Commercial Expense Reimbursement Addendum
El (2) Commercial Percentage Rent Addendum
❑ (3) Commercial Parking Addendum
Li (4)
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DENNIS WALKER
Address: P.0 BOX 2952. CORPUS CHRISTI , TX 78403
F. Method of Pa ment: Tenant must pay' all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after
(TAR -2101) 5 -26 -06 Initiated for Identification by Tenant:
,and Landlord:
Produced with ZipFormni by RE FormsNet, LLC 18025 Fifteen Mile Read, Clinton Township, Michigan 48035 www.zipform.00m
Page 3 of 14
1921 Mestina.z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 784 08
providing written notice to Tenant may require Tenant to pay subsequent amounts that become due
under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies
under this lease for Tenant's failure to make timely payments with good funds.
G. Late Char es: If Landlord does not actually receive a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Returned Checks: Tenant will pay $ 25.00 ` T .� � (not to exceed $25) for each check
Tenant tenders to Landlord which is returned by the institution an which it is drawn for any reason, plus
any late charges until Landlord receives payment.
5. SECURITY DEPOSIT:
A. Upon execution of this lease, Tenant will pay $ NO E URITY DEPOSIT _ to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts awed by Tenant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of
Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts awed by Tenant or other charges authorized by this lease.
6. TAXES: Unless other-wise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all That apply.)
(1) Water N/A Landlord Tenant
I:i CI
(2) Sewer a El
(3) Electric ❑ Li ID
(4) Gas lj Li 0
(5) Telephone ❑ ID 0
(6) Trash ❑ 0 Li
(7) C 0 ($) Security Alarm system Li CI
(9) All other utilities 121 ❑ Li
B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider, any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsibly to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
landlord such amount.
(TAR -2101) 5 -28 -06 Initialed for identification by Tenant: ,and Landlord:
,__
Produced with ZipFormTm by FEE FomnNet, LLB 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 wwwrzi forn
Page 4 of 14
1921 Mestina.z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI TX "1840$
C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and
are adequate for Tenant's intended use.
D. After -Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
El (1) Landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
ii (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
Under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of $
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
El (3) Tenant will pay for the HVAC services under this lease.
B. INSURANCE:
A. During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and effect
from an insurer authorized to operate in Texas:
(1) public liability insurance in are amount not less than $1,000,000.00 on an occurrence basis naming
Landlord as an additional insured; and
(2) personal property damage insurance for Tenant's business operations and contents on the leased
premises in an amount sufficient to replace such contents after a casually loss.
B. Before the Commencement Date, Tenant must provide Landlord with a copy of insurance certificates
evidencing the required coverage. If the insurance coverage is renewed or changes in any manner or
degree at any time this lease is in effect, Tenant must, net later than 10 days after the renewal or
change, provide Landlord a copy of an insurance certificate evidencing the renewal or change.
C. If Tenant fails to maintain the required insurance in full farce and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that will provide landlord the same coverage as the requires! insurance and
Tenant must immediately reimburse Landlord for such expense; or
(2) exercise Landlord's remedies under Paragraph 20.
D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: (i) fire
and extended coverage in an amount to cover the reasonable replacement cast of the improvements of
the Property; and (2) any public liability insurance in an amount that Landlord determines reasonable
and appropriate.
E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND HOURS:
A. Tenant may use the leased premises for the fallowing purpose and no other: CITY of CORPUS
CHRIST IRE DE PARTME T S TO E AND E• I'y• NT REPAIRS
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant:
,and Landlord: d•" __ ,
Produced with ZipForrniv by RE FormsNet, LLB 18025 Fifteen Mile load, Clinton Township, Michigan 48035 vimm.zi pforrrt.com
Page 5 of 14
1921 rviestina.z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI . TX 78408
B. Unless otherwise specified an this lease, Tenant will operate and conduct its business in the leased
premises during business hours that are typical of the industry in which Tenant represents it operates.
C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of
weekends and holidays): A NE ' DED BY TENANT _
10. LEGAL COMPLIANCE:
f
A. Tenant may not use or permit any part of the leased premises or the Property to be used far:
(1) any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) any activity That interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium an the Property or leased premises
..+ increase cr that would void any such insurance;
{5} any activity that violates any applicable federal, state, or local law, including but not limited to those
laws relates! to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental matters;
(6) the permanent or temporary storage of any hazardous material; or
(7) NJA --
B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or later enacted.
C. Landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that
the leased remises ma be used as Tenant intends by independently intelAgpting_alln_atters relates! to
the use of the leased remises or Pro ert .Tenant a • rees that it is not rei in • on an warrant or
resentation made by Landlord, Landlord's armor, any broker concemin
premises or Property.
re
11. SIGNS:
t
he use of the leased
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs an the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease ands, Landlord may require Tenant, upon
move -out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: i ,and Landlord: JAI Page 6 of 14
Produced with Zip Forel.' by RE Forms Net, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 c
wwwzioform. cm 1921 Mestina,z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRIsir,____Tx_ __ 78408 _
12. ACCESS BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may access the leased premises after
Tenant's normal business hours if: (I) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last _ 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in
the leased premises.
13. MOVE -IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as -is)
condition unless expressly noted otherwise in this lease. Landlord and an a ent have made no wispjgss or
im lied warranties as to the condition or ermitted use of the teased remises or Pro • ert .
14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY:
A. ii"‘: ±~ timc this !easa ands, Tanant vii;I: surieridei- the leased piiiiises ill ii►e same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal
property by providing written notice to Tenant; or (2) retain such personal property as forfeited property
to Landlord.
C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse.
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move -out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all fixtures that were placed an the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must
be surrendered to Landlord at the time this lease ends.
1S. MAINTENANCE AND REPAIRS:
A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate receptacles. D Landlord El Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the property type. Tenant will
maintain any grease trap on the Property which Tenant uses, including but not limited to periodic
emptying and cleaning, as well as making any modification to the grease trap that may be necessary to
comply with any applicable law.
B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants.
C. Repair and Maintenance Res onsibilit : Except as otherwise provided by this Paragraph 15, the party
designated below, at its expense, is responsible to maintain and repair the following specified items in
the leased premises (if any ). The specified items must be maintained in clean and good operable
condition. If a governmental regulation or order requires a modification to any of the specified items, the
party designated to maintain the item must complete and pay the expense of the modification. The
(TAR-2101) 5 -26 -06 Initialed for Identification by Tenant: _
t
and Landlord: _f�� , Page 7 of 14
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1921 MESTINA
Commercial Lease concerning: CORPUS HRI ST I TX 784p$
specified items include and relate only to real property in the teased premises. Tenant is responsible for
the repair and maintenance of its personal property. (Check all that apply.)
NIA Landlord Tenant
(1) Foundation, exterior walls, roof, and other structural components El D Li
(2) Glass and windows Ci ❑ li
(3) Fire protection equipment and fire sprinkler systems ❑ ❑ a
(4) Exterior 8 overhead doors, including closure devices, molding CI ❑ El
locks, and hardware
(5) Grounds maintenance, including landscaping and irrigation ❑ 0 Ei
systems
(6) Interior doors, including closure devices, frames, molding, locks, El ID I]
and hardware
(7) Parking areas and walks I Cil 0
(8) Plumbing systems, drainage systems, electrical systems, and ❑ ❑ Ei
mechanical systems, except systems or items specifically
designated otherwise
(9) Ballast and lamp replacement Ci LI ID
( i 0) Heating, veriiiiatiur i di i Ail Conditioning (HVAC) systems LI Li lia
(11) Signs and lighting:
(a) Pylon LI LI
(b) Facia DI ❑
(c) Monument El ❑
(d) Door /Suite ill ❑
(12) Extermination and pest control, excluding wood - destroying insects ❑ Ei
(13) Fences and Gates ill li
(14) Storage yards and storage buildings D ❑
(15) Wood - destroying insect treatment and repairs ❑ CI
(16) Cranes and related systems [j Li
('I7) N A Eil
(18) NA _� Ei
(19) All other items and systems. ❑
D. fair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(10), Tenant ill is
❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant fails to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20.
F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the teased premises.
Tenant has the non - exclusive license to use the common areas in compliance with Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies.
ouppEcooDuou
c
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: ,and Landlord: _ii , Page 8 of 14
Produced with ZipForrnm by RE ForrnsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zi form.com 1921 Mestinaz
1921 MESTINA
Commercial Lease concerning: CORPUS_ CHRISTI , TX 76408
G. Notice of Re airs: Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing.
H. Failure to Repair: Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: {1 } repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non - structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any locks or any security devices an the Property or the leased premises without
Landlord's consent. If Landlord authorizes the chanaina. addition. or rekeying nf any 10C-IcS or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
C. If a governmental order requires alteration or modification to the leased premises, the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 45 will, at its
expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A
and 17.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing.
17. LIENS: Tenant may not do anything that will cause the Title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises,
Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or {2} take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
18. LIABILITY: To the extent ermitted by law Landlord is NOT res onsible to Tenant or Tenant's em lo ees,
patrons, guests, or invitees for an dama es in . uries or lasses to erson or
A. an act, omission, or ne�ec# of: Tenant. Tenant's a • ent. Tenant's
gWorm_Tenant's invitees; or ar_ay_2___Dther_tenant on the Prose
B. fire flood water leaks ice snow hail winds explosion, smoke, riot, strike, interruption of utilities
theft bur la robbery., assault vandalism other ersons environmental contaminants or other
occurrences or casualty losses.
ro
ert
caused b
uest. Tenant's em
I
o ees. Tenant's
To the extent ermitted b law,
19, INDEMNITY: Eact-f-Nft wi in emni
an o
ersonal in.0 suits actions liabilities dama
Bmerty.., or an
patrons, quests, or invitees.
other loss caused ne
20. DEFAULT:
li
entl
I initials) ro
��l(Tenant's sf r ra e
es cost of re airs or service to the leasetpren*es or
art 's em • to ees
or otherwise b
that
art or that
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If,
however, Landlord's non - compliance reasonably requires more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30 -day period and is diligently pursued.
(TAR -2101) 5 -26 -Q6 Initialed for Identification by Tenant: ,and Landlord: _ Page 9 of 14
1921 Mestina.z
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1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 7840$
B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any
other reason within 10 clays after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
C. If Tenant is in default, Landlord may: {i) terminate Tenant's right to occupy the leased premises by
providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable
during the remainder of this lease or any renewal period without notice of demand. Landlord will
attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable
means. If Tenant is in default, Tenant will be liable for:
(1) any loss rent;
(2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear;
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court casts, and
prejudgment interest;
(5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and
returned check charges;
tot coal of removing any or Tenant's equipment or fixtures left on the leased premises or Property;
{7} cost to remove any trash, debris, personal property, hazardous materials, or environmental
contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
premises or Property;
(8) cost to replace any unretumed keys or access devices to the leased premises, parking areas, or
Property;
(9) any other recovery to which Landlord may be entitled under this lease or under law.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT..;
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to. (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock-out" of Tenant.
22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become
a tenant -at -will and must vacate the leased premises immediately upon receipt of demand from Landlord.
No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will
indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will be immediately due and payable daily without notice or demand.
23. LANDLORD'S LIEN AND SECURITY INTEREST: To secure Tenant's performance under this lease,
Tenant rants to Landlord a lien and securit interest a ainst all of Tenant's nonexem t ersonal ro ert
that is in the leased premises or Propyt. This lease is a security agreement for the purposes of the
Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement.
24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any past of the leased premises without Landlord's
written consent. An assignment of this lease or subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the consent of Landlord.
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: , _ _ ,and Landlord: _dte , Page 10 of 14
Produced with ZipFormi'm by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zinform.com 1921 Mestina.z
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI , TX 784Q8
25. RELOCATION:
ID A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant
to relocate to another location in the Property, provided that the other location is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold improvements.
Landlord will pay Tenant's reasonable out -of- pocket moving expenses for moving to the other location.
"Moving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies for reprinting Tenant's stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended.
a B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
26. SUBORDINATION:
A
This lease acid Tefitaiiis i interest are and will be subject, subordinate, and inferior to:
(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased premises or the Property; and
(6) the rights of any owners' association affecting the leased premises or Property.
B. Tenant must, an demand, execute a subordination, attornment, and non - disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made an the condition that
this lease and Tenant's rights under this lease are recognized by the lien- holder.
27. ESTOPPEL CERTIFICATES: Within 10 days after receipt of a written request from Landlord, Tenant will
execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease.
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. if the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required, Tenant may terminate this lease.
C. If the leased premises are more than 50% unusable and landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty_ if Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. if Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
(TAR -21x1) 5 -26 -06 Initialed for Identification by Tenant: _ ___ _ ,and Landlord: . fk , Page 11 of 14
Produced with ZipForrem by FEE FormsNet, LLB 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 ii form.com 1921 i stina.
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 78408
E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the leased premises are unusable.
29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes
of this lease, this (ease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
31. REPRESENTATIONS:
H. Tenant's statements in trim iease and any application for rental are material representations relied upon
by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a
binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this
lease or in any application for rental, Tenant is in default.
B. Landlord is not aware of any material defect on the Property that would affect the health and safety of
an ordinary person or any environmental hazard on or affecting the Property that would affect the
health or safety of an ordinary person, except: _ NoNE RN WN BY LANDLORD
C. Each party and each signatory to this Cease represents that: (1) it is not a person named as a Specially
Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not
acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is
not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated
and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies on this representation
and who suffers any claim, damage, loss, liability or expense as a result of this representation.
32. BROKERS:
A. The brokers to this lease are:
NONE
Cooperating Broker
N NE
License No. Principal Broker License No.
Address Address
Phone
Fax Phone Fax
E -mail E -mail
Cooperating Broker represents Tenant.
Principal Broker: (Check only one box)
❑ represents Landlord only.
Li representsTenant only.
I=1 is an intermediary between Landlord and Tenant.
(TAR -2101) 5 -26 -06 initialed for Identification by Tenant: _ ,and Landlord:
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1921 Mestinaz
1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI, TX.., 784U8
B. Fees:
CI (1) Principal Broker's fee will be paid according to: (Check only one box ).
CI (a) a separate written commission agreement between Principal Broker and:
El Landlord 121 Tenant.
❑ (b) the attached Addendum for Broker's Fee.
El (2) Cooperating Broker's fee will be paid according to: (Check only one box).
El (a) a separate written commission agreement between Cooperating Broker and:
CI Principal Broker ❑Landlord ID Tenant.
(] (b) the attached Addendum for Broker's Fee.
33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
34. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by
roaii, oi berii by Facsimile transmission i0:
Tenant at the leased premises,
and a COpy t0: CITY OF CORPUS CHRISTI
Address:
Phone:
❑ Tenant also consents to receive notices by e -mail at:
Landlord at: DENNIS w
Fax:
Address: P o. BOX 2952, CORPUS CHRISTI TX 78403
Phone: 361 =13- 296 Fax:
and a copy to:
Address:
Phone:, __ _Fax:
Ci Landlord also consents to receive notices by e -mail at:
35. SPECIAL PROVISIONS:
TENANT HAS OPTION TO EXTEND LEASE AGREEMENT FOR AN ADDITIONAL 3 YEAR PERIOD
WITH ANY INCREASES OVER THE 2007 SASE YEAR FOR TAXES AND INSURANCE, IF ANY,
BEING ADJUSTED IN NEW LEASE RATE. ANNUAL RENTS WILL CONTINUE TO INCREASE BY 3$
PER YEAR. TENANT TO NOTIFY LANDLORD THAT LEASE OPTION WILL BE EXERCISED AT
LEAST 90 DAYS PRIQR TO LEASE EXPIRATION.
TENANT HAS PERMI$SiON TO REMODEL OR EXTEND OFFICE SPACE IN BUILDING WITH PLANS
BEING APPROVED BY LANDLORD PRIOR TO CONSTRUCTION.
SEE ATTACHED EXHIBIT "A" NON- REALTY ITEMS INVENTORY LIST FOR ITEMS BEING LEFT
AT THE PROPERTY BY LANDLORD FOR TENANT'S USE. THESE ITEMS ARE TO BE MAINTAINED
BY TENANT AND LEFT AT PROPERTY AT TIME OF TENANT VACATING PREMISES.
PROPERTY BEING LEASED IN CURRENT "AS IS, WHERE IS, WITH ALL FAULTS" CONDITION
WITH TENANT HAVING HAD THE FULL OPPORTUNITY TO INSPECT AND APPROVE OF THE
LEASED FACILITIES BEFORE OCCUPANCY .
TENANT WILL PAY RENT ANNUALLY, IN ADVANCE, BEGINNING FEBRUARY 2008. PRIOR TO
THIS DATE, RENT IS PAID MONTHLY PER PARAGRAPH #g(A). ^�
ovuvEdt, Aiudo 3: DV A-C4or F; a; Lett ii4k hivi rtoot i4evitg rouviA oilictukuole- . 074/
(TAR-2101) 5 -26 -06 Initialed for Identification by Tenant: , _ ,and Landlord: � , Page 13 of 14
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1921 MESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 78448
36. AGREEMENT OF PARTIES:
A. Entire A reernent: This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the ...
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. Waiver: Landlord's delay, waiver, or non - enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from material interference.
H. Force Ma-eure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage
of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. Time: Time is of the essence_ The parties require strict compliance with the times for performance.
Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies,
environmental assessments, tax advice, or compliance inspections. The parties should seek experts to
render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
consult your attorney BEFORE signing.
CITY OF CiC,1PUS_ CHRISTI
Tenant
By
Printed Name
Title
.0
A wrore_ 4t. 44,-1-0 ish +4x : 1 i— sceri-
� 46.1 : mut. �. 7142r - �. ...I -ate_
s
WILLI n _,� WALKER I I I_
Landlord
B Y _ _ _ _ _- IP r I:e- ,Pef '- - --- ._ Aebou. eve_
Date
Printed Name WIL _ _ ,_ DENN I WALKER I I I
Title OWNER LANDLORD
ilia__ __
Landlord
By
Date Date
Printed Name _ Printed Name
Title _ Title
(TAR-2101) 5 -26 -06
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Page 14 of 14
1921 Mestina2
TEXAS ASSOCIATION OF REALTORS
COMMERCIAL LEASE EXHIBIT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOT AUTHORIZED.
CTexas Association of REALTORS®, Inc. 2006
EXHIBIT 'O , ,,, ,
TO COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED
PREMISES AT 1921 MESTINA.,_ CORPUS CHRISTI TX 78408
THE FOLLOWING NON - REALTY ITLMS WILL REMAIN AT THE PROPERTY FOR USE AND
MAINTENANCE BY TENANT:
15.- SECTIONS OF WAREHOUSE SHELVING WITH PLYWOOD ON TOP
47 - 8' LONG SHELVES
2--TON SHOP HOIST WITH 3 -PHASE ELECTRIC IN WORKING ORDER. (IF OWNER NEEDS THE
HOIST, OWNER HAS THE RIGHT TO REMOVE IT FROM WAREHOUSE WITH 48 -HR ADVANCE NOTICE
GIVEN TO TENANT).
CITY OF CORPUS CHRISTI WILLIAM DENNIS WALKER IIY
Tenant Landlord
By By -��a���
Date
N A N A
Tenant Landlord
By By
Date Date
(TAR -2115) 5 -26 -06 Page 1 of 1
Steve Roberts Realty 5934 S. Staples N202, Corpus Christi TX 78413
Phone:3619931125 Fax: (361) 993-1127 Steve Roberts Realty Associate 1921 Mestina.z
Produced with ZipFormTH by RE ForrnsNet, LLC 18025 Fifteen Mule Road, Clinton Township, Michigan 48035 www.zipform.com
to _ezz_
Date
ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO A
THIRTY EIGHT {38} MONTH COMMERCIAL LEASE AGREEMENT TO
LEASE FROM WILLIAM DENNIS WALKER, III A WAREHOUSE FACILITY
LOCATED AT 192'! MESTINA STREET FOR A TERM BEGINNING
DECEMBER 1, 2007 AND ENDING JANUARY 31, 20'11; APPROVING
PRORATED LEASE PAYMENTS OF $2,400 FOR THE FIRST TWO
MONTHS (DECEMBER 1, 2007 TO JANUARY 37, 2008 ); APPROVING
PAYMENTS OF $28,800 FOR THE FIRST YEAR (FEBRUARY 1, 2008 TO
JANUARY 31, 2009 ), $29,664 FOR THE SECOND YEAR (FEBRUARY 1,
2Q09 TO JANUARY 31, 2010 ), AND $30,552 FOR THE THIRD YEAR
(FEBRUARY 1, 2010 TO JANUARY 31, 2019); AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE cm( COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee to enter into a thirty eight (38) month
commercial lease agreement to lease a warehouse facility located at 1921 Mestina Street
for a term beginning December 1, 2007 and ending January 31, 2011.
SECTION 2. Prorated lease payments of $2,400 for the first two months (December 1,
2007 to January 31, 2008) are approved.
SECTION 3. Payments of $28,800 for the first year (February 1, 2008 to January 31,
2009), $29,664 for the second year (February 1, 2009 to January 31, 20'!0), and $30,552
for the third year (February 1, 2010 to January 31.2011) are approved.
SECTION 4. Upon written request of the Mayor or five Council members, copy attached,
the City Council (I) 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 20th day of November, 2007.
ATTEST:
.■1.+1.. _
Armando Chapa
City Secretary
APPROVED AS TO FORM: 13 -Nov -07
Veronica Ocanas
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
iL
EXHIBIT D
Page 1 of 2
Corpus Christi, Texas
Day of , _�, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully, Respectfully,
Henry Garrets, Mayor
City of Corpus Christi
Council Members
The above ordinance 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 McCutchon
-.M/II 1,1■I■ ••_ - -,- -
EXHIBIT D
Page 2 of 2
20
CITY COUNCIL
AGENDA MEMORANDUM
November 20, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 1,964.88-square foot portion of a
10 -foot wide utility easement out of Lot 1, Block 1, Del Mar College East Campus; located
approximately 370 -feet north of the Edwards Street public right-of-way; requiring the owner,
Del Mar College District, to comply with the specified conditions; and declaring an
emergency.
ISSUE: The closure is being requested in order to provide an easement over a re- routed
city water line as required by the Garcia Building expansion project.
REQUIRED C UNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the
ordinance, all grants of easement closures must be recorded at owner's expense in the
real property Map Records of Nueces county, Texas, in which the property is located,
rior to the approval of building permit and construction, an up -to -date survey, abstracted
for all easements and items of record, must be submitted to the Assistant City Manager of
Development Services. These requirements are in compliance with Ordinance No. 025816,
approved 7- 13 -04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
,U.06 Af,...,
Bob Nix, , AICP
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Del Mar College District, ("Owner"), are requesting the abandonment and vacating of an
1 964.88- square foot portion of a 10 -foot wide utility easement out of Loti , Block 1, Del Mar
College East Campus, which is located approximately 370-feet north of the Edwards Street
public right-of-way. The easement to be abandoned and vacated is located in a "R -2"
Multiple Dwelling District.
The abandonment and vacating of the utility easement is being requested by the Owner in
order to provide an easement over a re- routed city water line as required by the Garcia
Building expansion project.
All public and franchised utilities were contacted. City Water Department has an existing
water main next to the proposed building expansion and is requiring that the water main be
relocated at owner's expense. Owner must submit a set of construction drawings for the
relocation of the water main with a minimum 15-feet separation between the water main
and the foundation of the building. AT&T has cable adjacent to the proposed easement
closure and is requesting that if any excavation is going to be done within the proximity of
their cable, and that the Owner call 1-800-344-8377, for utility line locates, 48 hours prior to
the start of construction. None of the other city departments and franchised utility
companies had any objections with the portion of utility easement to be abandoned.
Staff recommends that payment of fair market value be waived because Owner will be
dedicating utility easements of greater value to off-set the proposed abandonment and
vacation of the 10 -foot wide utility easement. The owner has been advised of and concurs
with the conditions of the easement abandonment and vacation.
EXHIBIT 1
Page I of
AN ORDINANCE
ANCE
ABANDONING AND VACATING A 1,964.88-SQUARE FOOT PORTION
OF
10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 1, BLOCK 1,
DEL
MAR COLLEGE EAST CAMPUS; LOCATED APPROXIMATELY
370-FEET NORTH OF THE EDWARDS STREET PUBLIC RIGHT-OF-
WAY;
REQUIRING THE OWNER, DEL MAR COLLEGE DISTRICT, TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY
WHEREAS, Del Mar
College is requesting the abandonment and vacating a '1,.8-
of a -foot wide utility easement out of Lot 1, Block 1, Del Mar
square foot portion t
Collee East Campus,
located approximately 370 -feet north of the Edwards Street
public right-of-way, provide in order to rovide an easement over a re- routed City water line as
required by the Garcia Building expansion project.
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
�
provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
That the 1,964.88-square foot ortion of a 10-foot wide utility easement
SECTION '1. Tha portion
of Lot 1, Block 1, Del Mar College East Campus is abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below. A temporary
utility easement is retained over, under, along, across, and through the abandoned
�
right-of-way until the
' existing utilities in the easement are relocated or abandoned. The
plat is recorded in Volume Page 103, of the Map Records of Nueces County, Texas.
53,
SECTION 2. The
abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Fair
Market Value will be waived because owner will be dedicating a
1,964.88-square foot utility easement of greater value to off -set the proposed
abandonment and vacation of the 10 -foot wide utility easement.
2) City Water Department artment has an existing water main next to the proposed
expansion and is requiring that the water main be relocated at
building p
owner's
expense. Owner must submit a set of construction drawings for the
relocation ' of the water main with a minimum 15-feet separation between the
water main and the foundation of the building.
cable adjacent to the proposed easement closure and is requesting
3) AT&T has o � p i its is going to be done within the proximity of its cable, and
that if any �
that
the Owner call 1- 800 -344 -8377, for utility line locates, 48 hours prior to
the start of construction.
- _ _n.- ._-- r- .ti___....J..tinnrti 344 nn ►Df_ .r,rinn_vnrtafPI ItiEFi,mt- leIMar-do
Page 2of
4) Owner must comply with ail the specified conditions of the ordinance within
180 days of Council approval.
5) Upon approval by Council and issuance of the ordinance, all grants of
easement closures must be recorded at owner's expense in the real property
Map Records of Nueces County, Texas, in which the property is located.
Prior to the approval of building permit and construction, an up-to-date
survey, abstracted for all easements and items of record, must be submitted
to the Assistant City Manager of Development Services.
SECTION 3. That p on written request of the Mayor or five council members, copy
attached, hed the City Council finds and declares an emergency due to the need for
med iate action necessary for the efficient and effective administration of City affairs
immediate r
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 20th day of November, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: November 14, 2007.
r)
, it . ,_ ,-y.o.k.„
G ry V9. Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
i . _.. r.-+ r,,,, tint... -...41r+...., *1., . r.f#.51'9f1n71' i 2) 11 `1R?f _ nl'1'.ir1[inf1- vart']tf?UtilEa F'1t -Del df.dO
Page 3 of 3
Corpus Christi, Texas
Day of - , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H urn reel l
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1 LEG -DIR\ har d\ ary laq nda\2007111 -2O\01 D- abandon-Va ate #ilEasmt- DalMar.d0
Location Map
Not to Scale
2725 $11111MVER MVOS OMR NW 78404
-URBAN
ENGINEERING
(360354-3101 Fox: 060851-6007
EXHIBIT C
1 of 3
DATE: July 27, 2007
SCALE: NTS
JOB NO.: 25800.AI .00
SHEET: 2 OF 2
DRAWN BY: SB
0 2007 by Urban Engineering
Point of
Commencement
35'
N26181001
35. •
35'
Ayers Street
=23'23
AZ\ R=78.88'
�1 T =3.71"
L -7.42'
-O& 1 '2•
e8.88'
T =3.71'
L -7.42'
[LI
S81'o QO
10.Q5
L2
N61142100ir
moo.
Point of
Beginning
371.72'
Lot 1. Block 1
Del Mar East Campus
Vol, 53. Pg. 103. Map
Records. Nee County. Texas
N28'18'O01 189.08'
10' U.E. (Vol. 2195, Pg.
442, Deed Records of
Nueces County, Texas)
MaptoAccompany
Field Notes for the closure of a portion of a mac foot We
utr7r7y easement out of tot 1, Ellock 1, Del Mar College East
Campus, a map of which is recorded in Volume ,x, Page 103
Asap Records of Nueces Counfy, Taos. said ekosement recorded
in Document No. 702427 Wilrme 2194 Page 442, Deed
Records of Nueces Counk Texas
10' Ill de Easement Cloture
0.045 Acres 1 ,984.88 Sq.Ft.)
S2,18'00"11 ince
40
1-4'
ENGINEERING
2125 SINVIIMA CORPUS aii TEXAS 78404
080854-4t01 Fez 061,1854-6001
Radius Point bears
SG 1'4 '00 #E 78.88'
c1
Radius Point bears
S551311361 68.88'
EXHIBIT C
2 of
DATE: Sep 19. 007
SCALE: =40'
JOB NO.: 25800100 .
SHEET: 1 OF 2
DRAWN BY: SB
02007 by Urban Engineering
=T:`. }. -4 '- ?',ice` }�'t• '5..- �'1 i - f'rD -...- %i' =. +•Y ti4. -'.� -��5 :i�i. *}'..t'.
1
w
1
E D1f AF D S
L
0
�J
AYERS STREET
.ere'
�f.
Proposed Building El
1
NAPLES STREET
Existing Building
Now UL
24356 Sq.rt.
Existing 10' U.
ZEM-mmmilm m.. MMM r...w .MW
drone...]
URBAN
ENGINEERING
ms sox= cans Assn wys amoi
rivas-inor (3110.504Xi
EXHIBIT C
3 of
DATE: S E . 26, 2007
SCALE: . =50#
JOB NO.: 25800.M .0
SHEET: 1 OF 1
DRAWN BY: SB
0 2007 by Urban Engineering
21
CITY COUNCIL
AGENDA MEMORANDUM
November 20, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 110.20- square foot portion of a
7.5-foot wide utility easement out of Lot 7, Block 7, The Lakes Unit 5D, adjacent to Lake
Apache Drive and approximately 80-feet northwest of the Lake Travis Drive and Lake
Apache Drive intersection; requiring the owner, Ronald A. Voss, to comply with the
specified conditions; and declaring an emergency.
ISSUE: The closure of the utility easement is proposed to correct an encroachment
resulting from a residential structure constructed over a portion of the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the
ordinance, all grants of easement closures must be recorded at owner's expense in the
real property Map Records of Nueces county, Texas, in which the property is located.
Prior to the approval of building permit and construction, an up -to -date survey, abstracted
for all easements and items of record, must be submitted to the Assistan City Manager of
Development Services. These requirements are in compliance with Ordinance No. 025816,
approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
•P,91--A/-74
Bob Nix, AICP
ACM of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
OUND:
Mr. Ronald A. Voss (Owner), is requesting the abandonment and vacating of a 110.20 -
square foot portion of a 7.5-foot wide utility easement out of Lot 7, Block 7, The Lakes Unit
5D, located approximately 80-feet northwest of the Lake Travis Drive and Lake Apache
Drive intersection, i
Page 1 of
AN ORDINANCE
ABANDONING AND VACATING A 110.20-SQUARE FOOT PORTION
OF A 7.5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 7, BLOCK 7,
THE LAKES UNIT 50, ADJACENT TO LAKE APACHE DRIVE AND
APPROXIMATELY -FEET NORTHWEST OF THE LAKE TRAVIS
DRIVE AND LAKE APACHE DRIVE INTERSECTION; REQUIRING THE
OWNER, , RONALD A. VOSS, TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Ronald A. Voss is requesting the abandonment and vacating a 110.20-
square foot portion of a 7.5-foot wide utility easement out of Lot 7, Block 7, The Lakes
Unit 5D, located adjacent to Lake Apache Drive and approximately 80-feet northwest of
the Lake Travis Drive and Lake Apache Drive intersection, in order to correct an
encroachment.
WHEREAS, EAR it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 110.20-square foot portion of a 7.5-foot wide utility easement out
of Lot 7, Block 7, The Lakes Unit 5D is abandoned and vacated, subject to Owner's
compliance with the conditions specified in Section 2. below. A temporary utility
easement is retained over, under, along, across, and through the abandoned right-of-
way until the existing utilities in the easement are relocated or abandoned. The plat is
recorded in Volume 57, Pages 65-66, of the Map Records of Nueces es County, Texas.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) Owner must pay the fair market value of $ 103.00 within 30 days of the
adoption of this easement closure ordinance, on a one -time payment basis,
for the abandonment and vacation of the total 110.20- square foot portion of
the . -foot wide utility easement.
2) A Hold Harmless Agreement and Covenant is required by the City due to the
encroachment of the utility easement and the future maintenance of any
existing ublic utilities in the easement, and any future public utility
installations within the easement. Owner must comply with all of the
conditions as set forth in the Hold Harmless Agreement and Covenant. The
Hold Harmless Agreement is a covenant running with the land and shall be
recorded in the Official Public Records of Nueces County, Texas.
HALE -[ IF 1 h red\ ry \ag n a\20O7 \11- O\ D- abandon -v teUti1Ea t- `CheLak D- .d C
Page 2 of 3
3) City Wastewater Department has an existing -inch sanitary sewer line in the
easement and will require that the Owner physically locate the sanitary sewer
manholes in the front and the rear of the property and tie -down the sanitary
sewer line from manhole to manhole, showing the distance of the sanitary
sewer line from the property line and from the foundation of the house.
4) Owner shall maintain the area between the existing house structure and the
remaining 7.5 -foot utility easement free of any permanent structures that
could prohibit access and maneuverability over the easement area to
maintain, repair, or replace any existing public utilities and any future utility
installations within the easement.
5) Owner is required to allow access to the existing public utilities within the
utility easement at all times without cost to the City or any of the public utility
companies for restoration of any surface improvements and landscaping.
6) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval and prior to occupancy of the house.
7) Upon approval by Council and issuance of the ordinance, all grants of
easement closures must be recorded at owner's expense in the real property
Map Records of Nueces County, Texas, in which the property is located.
Prior to the approval of building permit and construction, an up -to -date
survey, abstracted for all easements and items of record, must be submitted
to the Assistant City Manager of Development Services.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 20th day of November, 2007.
ATTEST: CITY F CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: November 14, 2007.
ik'R
F F
Gary 1,47 Smith
Assistant City Attorney
For City Attorney
H: \LE -DI 1Sh red\ aryS agendal2OO7 1'1- 0 \OF D- abandon- vaoateUtiIEasmt- TheLakes D -2.doo
Corpus Christi, Texas
Day of _ - _ - -mot 2007
Page 3 of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting on 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
ers
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hrell _-
Bill Kelly - - -
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HALE -DI 1 hared\ ary \agenda12OO \l 1- O\ RD- abandon -v cateUtil mI -Th Lake 1 - .dO
Apar arc,
R
IA wI
=aas•O1 WEI
20' ALLEY
[R1721.781, LA =76.001
1
boor over
First' iornPr Tom" �.....
LOT
210.2 LC
OF 7.51 U. w
TO BE CLOSED
?)411i
g
( I81. *, =0.701
r 4225 LAKE APACHE DRIVE
EASEMENT CLOSURE
EXHIBIT A
DATE
RE=
CREW; - -
OFF
OF it
Joe t
1_1 lir
SHEET 1 OF 2
SCALD 1 " _
(DIMON.)
LOT 6
W It
wilturoporiv Imo Wan Um
��*i to 1 . r Mood Pl1in.
110.2 S.F. of a 7.5 Foot utility Easement within
Lot 7, Bock 7, The Lakes Unit 50
. 51. P. 65.65, MRN T ,
Corpus Christi. Nunes County. Texas.
Ma MEN E E R II1Jt
14$6131101110114104011 011111Wtdira
22.
ciry COUNCIL
AGENDA MEMORANDUM
City council Action Date: 11120107
AGENDA ITEM: An ordinance amending the code of ordinances chapter 53,
Traffic by allowing for the creation of limousine stands; providing for severance,
providing for publication, providing for penalties, and declaring an emergency.
ISSUE: There is a need to create limousine stands similar to the stands already in
place for taxicabs and buses to better enforce parking regulations.
REQUIRED COUNCIL ACTION: Passing of the ordinance.
PREVIOUS COUNCIL ACTION: None.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: Staffrecommends passing of the ordinance.
fig
Bryan P. Smith
Chief of Police
Attachments:
• Ordinance
BACKGROUND INFORMATION
There has arisen a need for the creation of designated limousine stands in the City.
Taxicabs and buses already have marked areas for the specific parking and loading
and unloading of passengers. Adding limousine stands will address parking
enforcement issues in such areas as the American Bank Center where the use of
limousines is more frequent.
Penalty for violation is similar to other parking violations with a fine of up to $20000
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53,
TRAFFIC BY ALLOWING FOR THE CREATION OF LIMOUSINE
STANDS; PROVIDING FOR SEVERANCE, PROVIDING FOR
PUBLICATION, PROVIDING FOR PENALTIES, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Chapter 53, Traffic is amended by revising Sections 53 -164
and 53-166, to read as follows:
Sec. 53464. Authority to establish bus stopsamptoringe_slarils and
taxicab stands.
The city manager, or such officers or employees of the city designated by the city
manager, is hereby authorized and required to establish bus stops limousine
stands and taxicab stands on such public streets in such places and i
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Chapter 53.
SECTION 5. 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 on November 20, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to legal form /04,- p,�44„ /}< 2007
By:
JosepF� Harney 1
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, Uwe request that you suspend said
Charter rule and finally pass this ordinance on the date of its introduction, or at the present
meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
------- - - - - -- -- -
23
CITY COUNCIL
AGENDA MEMORANDUM
city council Action Date: 11120107
AGENDA ITEM: An ordinance amending the code of ordinances Chapter 33, Offenses
and miscellaneous provisions by prohibiting urinating and/or defecating in public;
providing for severance, providing for publication, providing for penalties, and declaring
an emergency.
ISSUE: Due to differing interpretations of the disorderly conduct statute, creating an
ordinance prohibiting urinating and/or defecating in public is advised.
REQUIRED COUNCIL ACTION: Passing of the ordinance.
PREVIOUS IOUS COUNCIL ACTION: None.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: staff recommends passing of the ordinance.
Bryan P. Smith
Chief of Police
Attachments:
• Ordinance
BACKGROUND INFORMATION
Enforcement of this issue has been previously addressed by using the disorderly
conduct statute found in the penal code. The problem from a prosecution standpoint is
that the language in the disorderly conduct statute does not prohibit the actual act of
urinating or defecating in public, it is a reckless indecent exposure charge that requires
the police officer to view specific body parts. This ordinance, which prohibits the actual
acts in public, will better address the problem being experienced by some business
owners and members of the public.
Penalty for violation will be with a fine of up to $500.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 33,
OFFENSES AND MISCELLANEOUS PROVISIONS BY
PROHIBITING URINATING AND/OR DEFECATING IN PUBLIC;
PROVIDING FOR SEVERANCE, PROVIDING FOR
PUBLICATION, PROVIDING FOR PENALTIES, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION t That Chapter 33, Offenses and miscellaneous provisions is
amended by adding Section 33-15, Urinating and/or defecating in public, to read
as follows:
Sec. 33-15. Urin tkUor defecating in public.
fa) I ■ perm! comnlibm if he or she urinates arr or defecates:
1 In or on a . l the sire - t alle sidewalk, yard, Dark, b structure,
plaza, utilk ement or ri ice; or
(2) In public view.
(b) It is an affirrnat ve defense t rosecujti n...uinder this section if the person
was in a restroom or in a • ortable structure designated as a restroom.
c An • erson who en ! a ! es in an activi s • ecified in subsections
a
1 or
Lai(2Lrnav - be sub'ect to • rosecution for a class C misdemeanor and a fine not to
exceed five hundred dollars (S500.00
* * *
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 33 -15.
SECTION 6. 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 on November 20, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to legal form ��At(4, /V 2007
By:
JosepK Harney
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, lyre 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 Eli undo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
24
CITY COUNCIL
AGENDA MEMORANDUM
November 20, 2007
AGENDA ITEM: Public Hearing on the Proposed F 2 08 Capital Budget and Capital
Improvement Planning Guide.
ISSUE: The City Charter requires the City Council to act on the Capital Budget as part
of the Comprehensive Plan.
BACKGROUND: Prior to the Public Hearing, an overview will be given to the City
Council on the Proposed FY2008 Capital Budget and Capital Improvement Planning
Guide, On November 14, 2007, the Planning Commission reviewed the Proposed FY
2008 Capital Improvement Planning Guide.
In addition to the overview, a public hearing will be held to receive public input prior to
the City Council's formal consideration of the CIP. Public input may also be received at
the first and second readings of the adoption ordinance on December '11th, and 18th.
REQUIRED COUNCIL ACTION:
No formal action is required at this time — only a public hearing and discussion.
Eddie Houlihan
Assistant Director of Management and Budget
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25
AGENDA MEMORANDUM
AGENDA ITEM:
November 20, 2007
Organizational Meeting of the Crosstown Commons Development Corporation.
ISSUE: It is necessary to conduct an organizational meeting of the Crosstown Commons
Development Corporation for the approval of the Bylaws and election of officers so that the
Corporation may act. Additionally, the Corporation should consider approval of the Financing
Agreement related to the Crosstown Commons project.
REQUIRED COUNCIL ACTION: Conducting the organizational meeting of the Crosstown
Commons Development Corporation, during which the officers may be elected, the Bylaws
approved, and the Financing Agreemerit for the Crosstown Commons project may be authorized.
RECOMMENDATION: Staff recommends conducting the organizational meeting.
AiL
Mary ` a h
City Attor ey
Attachment:
Exhibit A Bylaws
Exhibit B Financing Agreement, Crosstown Commons Project
H:1 LEG -DI \ Shared\ ary \a nda\200 111- 0\Age llem Crosstown Commons Dev. Corp.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Meeting
On October 16, 2007, City Council, by Resolution 027460 approved the proposed Articles of Incorporation
and Bylaws of the Crosstown Commons Development Corporation and authorized the creation of the
corporation to assist i
AGENDA
CROSSTOWN COMMONS DEVELOPMENT CORPORATION
NOVEMBER 20, 200
CORPUS CHRISTI CITY HALL
1201 LEOPARD STREET
el' FLOOR COUNCIL CHAMBER
10 :oo A.M.
1. City Secretary Armando Chapa calls roll.
Board of irectors Staff
Henry Garrett George K Noe
Melody Cooper Armando Chapa
Larry Elizondo, Sr. Mary Kay Fischer
Mike Rummell
Bill Kelly
Priscilla G. Leal
Michael McCutchon
John Marez
Nelda Martinez
2. Approval of By-laws.
3. Election of Officers
President
Vice President
Treasurer
Secretary
4. Motion authorizing the execution of the Infrastructure Financing Agreement
between the City of Corpus Christi, Crosstown Commons, LLC, and the Crosstown
Commons Development Corporation to allow the development of a lifestyle and
power center to be known as "Crosstown Commons."
5. Public Comment
6. Adjournment.
BYLAWS
OF
CROSSTOWN COMMONS DEVELOPMENT CORPORATION
ARTICLE I
PURPOSES
Crosstown Commons Development Corporation (the "Corporation ") is organized for the
purpose of aiding, assisting, and acting on behalf of the City of Corpus Christi, Texas (the
"City ") in the performance of its governmental functions to promote the City, including, without
limitation, the development of the approximately 220 -acre site within the City located generally
at the northeast comer of the Crosstown Expressway and Holly Road (the "Crosstown Conunons
Project Site "), in furtherance of the promotion, development, encouragement and maintenance of
employment, commerce, economic development and public infrastructure development in the
Crosstown Commons Project Site
The Corporation is formed pursuant to the provisions of Subchapter D, Chapter 431,
Texas Transportation Code (the "Act ") as it now or may hereafter be amended, which authorizes
the Corporation to assist and act on behalf of the City to accomplish any governmental purpose
of the City and to engage in activities in the furtherance of the purposes for its creation.
The Corporation shall have and exercise all of the rights, powers, privileges, authority,
and functions given by the general laws of the State of Texas to non - profit corporations
incorporated under the Act including, without limitation, the Texas Non -Profit Corporation Act,
Article 1396-1.01 et seq., Vernon's Texas Civil Statutes.
The Corporation shall have all other powers of a like or different nature not prohibited by
law which are available to non - profit corporations in Texas and which are necessary or useful to
enable the Corporation to perform the purposes for which i
ARTICLE 11
BOARD OF DIRECTORS
Section 1. Appointment, Powers, Number, and Term of Office. All powers of the
Corporation shall be vested in the Board of Directors (the "Board"). The Board shall initially
consist of nine (9) persons who shall be appointed by the City Council of the City, as evidenced
by the approval of the Articles of Incorporation by the City Council. Each initial Director shall
serve for the term expiring on the date set forth in the Articles of Incorporation. Subsequent
Directors shall be appointed by the City Council of the City. Each subsequent Director shall
serve for a term of two (2) years, expiring on July 31 of each year. Directors may be appointed
to succeed themselves. No Director may serve longer than six years consecutively, unless
such service is required to complete an unexpired term. Each Director must be a resident and
qualified elector of the City. Each Director, including the initial directors, shall be eligible for
reappointment. Each Director shall serve until a successor is appointed. Any Director may be
removed from office at any time, with or without cause, by the City Council of the City.
Section 2. Meetings of Directors. The Directors may hold their meetings and may
have an office and keep the books of the Corporation at the City Hall, or such other place or
places within the City as the Board may from time to time determine; provided, however, in the
absence of any such determination, the City Hall shall be the registered office of the Corporation
in the State of Texas.
The Board shall meet in accordance with and file notice of each meeting of the Board for
the same length of time and in the same manner and location as is required of a City under
Chapter 551, Government Code (the "Open Meetings Act").
The Corporation, the Board, and any committee of the Board exercising the powers of the
Board are subject to Chapter 552, Government Code (the "Open Records Act").
Section 3. Annual Meetings. The annual meeting of the Board shall be held at the
time and at the location in the City designated by the resolution of the Board for the purposes of
transacting such business as may be brought before the meeting.
Section 4. Regular Meetings. Regular meetings of the Board shall be held at such
times and places as shall be designated, from time to time, by resolution of the Board.
Section 5. Special and Emergency Meetings. Special and emergency meetings of the
Board shall be held whenever called by the President of the Board or by a majority of the
Directors who are serving duly appointed terms of office at the time the meeting is called.
The Secretary shall give notice of each special meeting in person, by telephone,
electronic transmission e.g., facsimile transmission or electronic mail) or mail at least three (3)
2
days before the meeting to each Director. Notice of each emergency meeting shall also be given
in the manner required of the City under the Open Meetings Act. Unless otherwise indicated in
the notice thereof, any and all matters pertaining to the purposes of the Corporation may be
considered and acted upon at a special or emergency meeting.
Section 6. Quorum. A majority of the Board shall constitute a quorum for the
consideration of matters pertaining to the poses of the Corporation. If at any meeting of the
Board there is less than a quorum present, a majority of those present may adjourn the meeting
from time to time. The act of a majority of the Directors present and voting at a meeting at which
a quorum is in attendance shall constitute the act of the Board, unless the act of a greater number
is required by law, by the Articles of Incorporation, or by these Bylaws.
A Director who is present at a meeting of the Board at which any corporate action is
taken shall be presumed to have assented to such action, unless his or her dissent shall be entered
in the minutes of the meeting or unless he or she shall file a written dissent to such action with
the person acting as the secretary of the meeting before the adjournment thereof or shall forward
such dissent by registered mail to the Secretary of the Corporation immediately after the
adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in
favor of the action.
Section 7. Conduct of Business. At the meetings of the Board, matters pertaining to
the purposes of the Corporation shall be considered in such order as from time to time the Board
may determine.
At all meetings of the Board, the President shall preside, and in the absence of the
President, the Vice President shall preside. In the absence of the President and the Vice
President, an acting presiding officer shall be chosen by the Board from among the Directors
present.
The Secretary of the Corporation shall act as secretary of all meetings of the Board, but in
the absence of the Secretary, the presiding officer may appoint any person to act as secretary of
the meting.
Section 8. Executive Committee, Other Committees. The Board may, by resolution
passed by a majority of the Directors, designate three or more Directors to constitute an
executive committee or other type of committee. To the extent provided in the authorizing
resolution, a committee shall have and may exercise all of the authority of the Board in the
management of the Corporation, except where action of the Board is specified by statute. A
committee shall act in the manner provided in the authorizing resolution. Each committee so
designated shall keep regular minutes of the transactions of its meetings and shall cause such
minutes to be recorded in books kept for that purpose in the office of the Corporation, and shall
report the same to the Board from time to time. Committees authorized to exercise the powers of
the Board shall give notice of any meeting in the manner required for a meeting of the Board.
3
Section 9. Comenrin . f Directors. Directors shall not receive any salary or
compensation for their services as Directors.
Section 10. Director's Reliance on Consultant Information. A Director shall not be
liable if while acting in good faith and with ordinary care, the Director relies on information,
opinions, reports, or statements. including financial statements and other financial data,
concerning the Corporation or another person, that were prepared or presented by:
(a) one or more other officers or employees of the Corporation;
legal counsel, public accountants, or other persons as to matters the officer reasonably
believes are within the person's professional or expert competence; or
(c) a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of the Corporation shall be the
President, the Vice President, a secretary, a treasurer, and such other officers as the City Council
may from time to time elect or appoint. One person may hold more than one office, except that
one person shall not concurrently hold the offices of President and Secretary. The term of office
for each officer shall be one (1) year with the term of office expiring on July 31 of each year.
Officers may be re- elected.
Section 2. Powers and Duties of the President. The President shall be a member of
the Board and shall preside at all meetings of the Board. The President shall be the principal
executive officer of the Corporation and, subject to the Board, he or she shall be in general
charge of the properties and affairs of the Corporation. In furtherance of the purposes of the
Corporation and subject to the limitations contained in the Articles of Incorporation, the
President or any Vice President may sign and execute all bonds, notes, deeds, conveyances,
franchises, assignments, mortgages, notes, contracts and other obligations in the name of the
Corporation. The President shall have such other duties as are assigned by the Board. The
President may call special and emergency greetings of the Board.
Section 3. Powers and Duties of the Vice President. The Vice President shall be a
member of the Board. The vice President shall perform the duties and exercise the powers of the
President upon the President's death, absence, disability, or resignation, or upon the President's
inability to perform the duties of his or her office. Any action taken by the Vice President in the
performance of the duties of the President shall be conclusive evidence of the absence or
inability to act of the President at the time such action was taken. A Vice President shall have
such other powers and duties as may be assigned to him or her by the Board or the President.
4
Section 4. Treasurer. The Treasurer shall have custody of all the funds and
securities of the Corporation which come into his or her hands. When necessary or proper, he or
she may endorse, on behalf of the Corporation, for collection, checks, notes and other obligations
and shall deposit the same to the credit of the Corporation in such bank or banks or depositories
as shall be designated in the manner prescribed by the Board; he or she may sign all receipts and
vouchers for payments made to the Corporation, either alone or jointly with such other officer as
is designated by the Board; whenever required by the Board, he or she shall render a statement of
his or her cash account; he or she shall enter or cause to be entered regularly in the books of the
Corporation to be kept by him or her for that purpose full and accurate accounts of all moneys
received and paid out on account of the Corporation; he or she shall perform all acts incident to
the position of Treasurer subject to the control of the Board; and he or she shall, if required by
the Board, give such bond for the faithful discharge of his or her duties in such form as the Board
may require. The Treasurer need not be a member of the Board.
Section 5. Secretary. The Secretary shall keep or cause to be kept the minutes of all
meetings of the Board in books provided for that purpose; he or she shall attend to the giving and
serving of all notices; in furtherance of the purposes of the Corporation and subject to the
limitations contained in the Articles of Incorporation, he or she may sign with the President in
the name of the Corporation and/or attest the signatures thereof, all contracts, conveyances,
franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the
Corporation; he or she shall have charge of the Corporation's books, records, documents and
instruments, except the books of account and financial records and securities of which the
Treasurer shall have custody and charge, and such other books and papers as the Board may
direct, all of which shall at all reasonable times be open to the inspection of any Director upon
application at the office of the Corporation during business hours; and, he or she shall in general
perform all duties incident to the office of Secretary subject to the control of the Board. The
Secretary need not be a member of the Board.
Section 6. Executive Director. The City Manager of the City or the designee thereof
will serve as the Executive Director of the Corporation, provide administrative support services
for the Corporation, and perform duties as prescribed by the Board and the City Council.
Section 7. Compensation. Officers shall not receive any salary or compensation for
their services as officers.
Section 8. Officer's Reliance on Consultant Information. In the discharge of a duty
imposed or power conferred on an officer of the Corporation, the officer may in good faith and
with ordinary care rely on information, opinions, reports, or statements, including financial
statements and other financial data, concerning the Corporation or another person, that were
prepared or presented by:
(a) one or more other officers or employees of the Corporation, including members of
the Board; or
(b) legal counsel, public accountants, or other persons as to matters the officer
5
reasonably believes are within the person's professional or expert competence.
Section 9. Hearing Officer. The Executive Director or the designee thereof shall
serve as "hearing officer" of the Corporation for the purpose of conducting any public hearing
required under the Internal Revenue Code of 1986 as a condition precedent to the issuance of
tax - exempt bonds by the Corporation.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall be the same as the City, or
such other consecutive twelve -month period determined by the Corporation and approved by the
City.
Section 2. Seal. The seal of the Corporation shall be such as from time to time may
be approved by the Board.
Section 3. Notice and Waiver , f Notice. Whenever any notice whatever is required to
be given under the provisions of these Bylaws, such notice shall be deemed to be sufficient if
given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the
person entitled thereto at his or her post office address, as it appears on the books of the
Corporation, and such notice shall be deemed to have been given on the day of such mailing. A
waiver of notice, signed by the person or persons entitled to said notice, whether before or after
the time stated therein, shall be deemed equivalent thereto.
Section 4. Resignations. Any Director or officer may resign at any time. Such
resignations shall be made in writing and shall take effect at the time specified therein, or, if no
time be specified, at the time of its receipt by the President or Secretary. The acceptance of a
resignation shall not be necessary to make it effective, unless expressly so provided in the
resignation.
Section 5. Gender. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases, and vice versa.
Section 6. Appropriations and Grants. The Corporation shall have the power to
request and accept any appropriation, grant, contribution, donation, or other form of aid from the
federal government, the State, any political subdivision, or municipality in the State, or from any
other source.
6
ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1. Right to Indemnification. Subject to the limitations and conditions as
provided in this Article V and the Articles of Incorporation, each person who was or is made a
party or is threatened to be made a party to or is involved in any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or
investigative (hereinafter a "proceeding"), or any appeal in such a proceeding or any inquiry or
investigation that could lead to such a proceeding, by reason of the fact that he or she, or a
person for whom he or she is the legal representative, is or was a Director or officer of the
Corporation or while a Director or officer of the Corporation is or was serving at the request of
the Corporation as a director, officer, partner, venturer, proprietor, trustee, employee, agent or
similar functionary of another foreign or domestic corporation, partnership, joint venture, sole
proprietorship, trust, employee benefit plan or other enterprise shall be indemnified by the
Corporation to the fullest extent permitted by the Texas Non - Profit Corporation Act, as the same
exists or may hereafter be amended (but, in the case of any such amendment, only to the extent
that such amendment permits the Corporation to provide broader indemnification rights than said
law permitted the Corporation to provide prior to such amendment) against judgments, penalties
(including excise and similar taxes and punitive damages), fines, settlements and reasonable
expenses (including, without limitation, attorneys' fees) actually incurred by such person in
connection with such proceeding, and indemnification under this Article V shall continue as to a
person who has ceased to serve in the capacity which initially entitled such person to indemnity
hereunder. The rights granted pursuant to this Article V shall be deemed contract rights, and no
amendment, modification or repeal of this Article V shall have the effect of limiting or denying
any such rights with respect to action taken or proceedings arising prior to any such amendment,
modification or repeal. It is expressly acknowledged that the indemnification provided in this
Article V could involve indemnification for negligence or under theories of strict liability.
Section 2. Advance Payment The right to indemnification conferred in this Article V
shall include the right to be paid in advance or reimbursed by the Corporation the reasonable
expenses incurred by a person of the type entitled to be indemnified under Section 1 who was, is
or is threatened to be made a named defendant or respondent in a proceeding in advance of the
final disposition of the proceeding and without any determination as to the person's ultimate
entitlement to indemnification; provided, however, that the payment of such expenses incurred
by any such person in advance of the final disposition of a proceeding, shall be made only upon
delivery to the Corporation of a written affirmation by such Director or officer of his or her good
faith belief that he or she has met the standard of conduct necessary for indemnification under
this Article V and a written undertaking, by or on behalf of such person, to repay all amounts so
advanced if it shall ultimately be determined that such indemnified person is not entitled to be
indemnified under this Article V or otherwise.
Section 3. Indemnification of Employees and Agents. The Corporation, by adoption
of a resolution of the Board, may indemnify and advance expenses to an employee or agent of
7
the Corporation to the same extent and subject to the same conditions under which it may
indemnify and advance expenses to Directors and officers under this Article V; and the
Corporation may indemnify and advance expenses to persons who are not or were not Directors,
officers, employees or agents of the Corporation but who are or were serving at the request of the
Corporation as a Director, officer, partner, venture proprietor, trustee, employee, agent or similar
functionary of another foreign or domestic corporation, partnership, joint venture, sole
proprietorship, trust, employee benefit iplan or other enterprise against any liability asserted
against him or her and incurred by him or her in such a capacity or arising out of his or her status
a such a person to the same extent that it may indemnify and advance expenses to Directors
under this Article V.
Section 4. Appearance as a Witness. Notwithstanding any other provision of this
Article V, the Corporation may pay or rei
this Article V that shall not have been invalidated and to the fullest extent permitted by
applicable law.
ARTICLE VI
CODE OF ETHICS
Section 1. Policy and Purposes.
(a) It is the policy of the Corporation that Directors and officers conduct themselves
in a manner consistent with sound business and ethical practices; that the public interest always
be considered in conducting corporate business; that the appearance of impropriety be avoided to
ensure and maintain public confidence in the Corporation; and that the Board establish policies
to control and manage the affairs of the Corporation fairly, impartially, and without
discrimination.
(b) This Code of Ethics has been adopted as part of the Corporations Bylaws for the
following purposes: (a) to encourage high ethical standards in official conduct by Directors and
corporate officers; and (b) to establish guidelines for such ethical standards of conduct
Section 2. Conflicts of Interest.
(a) Except as provided in subsection (c), a Director or officer is prohibited from
participating in a vote, decision, or award of a contract involving a business entity or real
property in which the Director or the officer has a substantial interest, if it is foreseeable that the
business entity or real property will be economically benefitted by the action. A person has a
substantial interest in a business (0 if his or her ownership interest is ten percent or more of the
voting stock or shares of the business entity or ownership of $15,000 or more of the fair market
value of the business entity, or (ii) if the business entity provides more than ten percent of the
person's gross income. A person has a substantial interest in real property if the interest is an
equitable or legal ownership with a fair market value of $2,500 or more. An interest of a person
related in the second degree by affinity (marriage relationship) or the third degree by
consanguinity (blood relationship) to a Director or officer is considered a substantial interest.
(b) If a Director or a person related to a Director in the first or second degree by
affinity or the first, second, or third degree by consanguinity has a substantial interest in a
business entity or real property that would be pecuniarily affected by any official action taken by
the Board, such Director, before a vote or decision on the matter, shall file an affidavit stating the
nature and extent of the interest. The affidavit shall be filed with the Secretary of the Board.
(c) A Director who has a substantial interest in a business entity that will receive a
pecuniary benefit from an action of the Board may vote on that action if a majority of the Board
has a similar interest in the same action or if all other similar business entities in the City will
receive a similar pecuniary benefit.
9
(d) An employee of a public entity may serve on the Board.
Section 3. Acceptance of Gifts. No Director or officer shall accept any benefit as
consideration for any decision, opinion, recommendation, vote or other exercise of discretion in
carrying out official acts for the Corporation. No Director or officer shall solicit, accept, or agree
to accept any benefit from a person known to be interested in or likely to become interested in
any contract, purchase, payment, claim or transaction involving the exercise of the Director's or
officer's discretion. As used here, a benefit does not include:
(a) a fee prescribed by lac to be received by a Director or officer or any other benefit
to which the Director or officer is lawfully entitled or for which he or she gives legitimate
consideration in a capacity other than as a Director or officer,
(b) a gift or other benefit conferred on account of kinship or a personal, professional.
or business relationship independent of the official ial status of the Director or officer;
(c) an honorarium in consideration for legitimate services rendered above and beyond
official duties and responsibilities if:
(1) not more than one honorarium is received from the same person in a
calendar year;
(2) not more than one honorarium is received for the same service; and
(3)
the value of the honorarium does not exceed $250 exclusive of
reimbursement for travel, food, and lodging expenses incurred by the
Director or officer in performance of the services;
(d) a benefit consisting of food, lodging, transportation, or entertainment
accepted as a guest if reported as may be required by law.
Section 4. Bribery. A Director or officer shall not intentionally or knowingly offer,
confer or agree to confer on another, or solicit, accept, or agree to accept from another:
(a) any benefit as consideration for the Director's or officer's decision, opinion,
recomme ndation, vote, or other exercise of discretion as a Director or officer;
(b) any benefit as consideration for the Director or officer's decision, vote,
recommendation, or other exercise of official discretion in a judicial or administrative
proceeding; or
(c) any benefit as consideration for a violation of duty imposed by law on the
Director or officer.
10
Section 5. Nepotism. No Director or officer shall appoint, or vote for, or confirm the
appointment to any office, position, clerkship, employment or duty, of any person related within
the second degree by affinity or within the third degree of consanguinity to the Director or
officer so appointing, voting or confirming, or to any other Director or officer. This provision
shall not prevent the appointment, voting for, or confirmation of any person who shall have been
continuously employed in any such office, position, clerkship, employment or duty at least thirty
(30) days prior to the appointment of the Director or officer so appointing or voting.
ARTICLE VII
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote
of a majority of the full Board at any annual or regular meeting, or at any special meeting if
notice of the proposed amendment be contained in the notice of said special meeting. Any
proposed change or amendment to the Bylaws, however, must be approved by the City Council
of the City to be effective.
11
Final 19/19/2007
INFRASTRUCTURE FINANCING AGREEMENT
By and Among
CITY OF CORPUS CHRISTI, TEXAS
and
CROSSTOWN COMMONS, LLC
and
CROSSTOWN COMMONS DEVELOPMENT CORPORATION
IN ASTR C' R 'INA LING AGREEMENT
This Agreement ("Agreement") i
Tax Revenues and Property Tax Revenues (as defined herein) to the City, and additional jobs
located at the Project, the City and the LGC agree to use such funds in order to provide the
Reimbursement Amount (as defined herein) to the Developer either directly or by the LGC's
issuing bonds secured by such funds in the amount described in Article IV of this Agreement;
and
WHEREAS, consistent with Article HI, Section 52-a of the Texas Constitution, Chapter
380 and other law, City, the Developer, and the LGC as contemplated in this Agreement agree to
work together to cause the public purposes of developing and diversifying the economy of the
state, eliminating unemployment or underemployment in the state, and developing or expanding
transportation or commerce in the state; and
WHEREAS, to ensure that the benefits the City provides under this Agreement are
utilized in a manner consistent with Article HI, Section 2 -a of the Texas Constitution, Chapter
380 and other law, the Developer has agreed to comply with certain conditions for receiving
those benefits, including performance measures relating to job creation, Project operations, and
the hiring of local and disadvantaged businesses for the construction of the Project; and
WHEREAS, the City, the Developer, and the LGC desire to enter into this Agreement for
their mutual benefit;
NOW, THEREFORE:
AGREEMENT
For and in consideration of the foregoing recitals and of the mutual promises, obligations,
covenants and benefits herein contained, City, the Developer, and the LGC contract and agree as
follows:
ARTICLE I
GENERAL TERMS
Section 1.01 Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated for all purposes.
Section 1.02 Definitions and Terms. The terms "Agreement," "er 381,1" "City,"
"Developer," Effective fate "LGC," Preliminary Agrrnen, and "Project" shall have the
above meanings, and the following terms have the following meanings:
"Base Property Tax" shall mean $3L035.7Z, the amount of ad valorem taxes levied and
collected by the City on the Property based on its use and valuation as of January 1, 2007.
"Base Sales Tax" shall mean $.0O.
"City Commitment" is defined in Article TV.
2
"Completion" shall mean the date the Project, which shall in any event include a lifestyle
center as herein described, is opened and fully- leased or occupied at the time stated by the
Developer in its request for designation of project completion when the Gross Floor Area of
Retail space in an amount of at least one of the Completion Thresholds has been developed, and
such space shall be deemed the "Project" for all purposes under this Agreement. The Project
shall be considered fully - leased or occupied when the Developer certifies that at least 90% of the
Project is leased or occupied; provided, however, in the event that the Developer establishes a
Completion date prior to reaching 90% occupancy but has reached at least 60% occupancy, the
percentage that Relocation stores represent out of the total Gross Floor Area which actually is
Teased or occupied at such time shall be applied to any unleased or occupied space up to the 90%
level.
"Completion Thresholds" shall mean thresholds at which all or a portion of the Project is
Complete, and the corresponding eligible Reimbursement Amount as follows:
$20,500,000 ($13,21 ,7 0 for Off -Site Infrastructure and the balance for On-Site
Infrastructure as set forth in Exhibit for the development of at least 750,000 Gross
Floor Area of Retail space;
$27,000,000 ($13,21 8,750 for Off -Site Infrastructure and the balance for On-Site
Infrastructure as set forth in Exhibit for the development of at least 1,000,000 Gross
Floor Area of Retail space;
$33,500,000 $ 13,21 8,750 for Off-Site Infrastructure and the balance for On-Site
Infrastructure as set forth in Exhibit for the development of at least 1,250,000 Gross
Floor Area of Retail space; or
$40,000,000 ($13,21 8,750 for Off -Site Infrastructure and the balance for On-Site
Infrastructure as set forth in Exhibit for the development of at least 1,500,000 Cross
Floor Area of Retail space.
"Costs of Issuance" shall mean the items of expense payable or reimbursable directly or
indirectly by the LGC and related to the authorization, sale and issuance of LGC Bonds or the
authorization or incurrence of other obligations, which items of expense shall include without
limiting the generality of the foregoing: travel expenses; printing costs; costs of reproducing
documents; computer fees and expenses; filing and recording fees; initial fees and charges of the
Trustee, paying agents, registrars, securities depository, and any authenticating agents; initial
fees and charges of providers of credit agreements, investment agreements, investment liquidity
facilities, reserve fund surety policies or other parties pursuant to remarketing, indexing or
similar agreements; discounts; legal fees and charges; consulting fees and charges; auditing fees
and expense; credit insurance; financial advisors fees and charges; costs of credit ratings;
insurance premiums; fees and charges for execution, transportation and safekeeping of LGC
Bonds or other obligations; expenses and fees of the LOC and the City associated with the LGC
Bonds or other obligations and initial fees of any arbitrage consultants; and other administrative
or other costs of issuing, carrying and repaying such LGC Bonds or other obligations and
investing the proceeds thereof.
3
"Debt Service" shall have the meaning set forth in any Indenture or similar security
agreement relating to the issuance and delivery of LGC Bonds or other obligations.
"Debt Service Fund" shall mean the Debt Service Fund established in the Indenture or
similar security agreement relating to the issuance and delivery of LGC Bonds or other
obligations.
"Debt Service_ Reserve Fund" shall mean the Debt Service Reserve Fund, if any,
established in the Indenture or similar security agreement relating to the issuance and delivery of
LGC Bonds or other obligations.
"eveloprt _Areement" shall mean the development agreement entered into between
the City and the Developer, dated June 26, 2007.
"Fiscal Year" shall mean the twelve consecutive month period designated by the City as
its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August 1
and ends on the next succeeding July 31.
"Gross Floor Area" shall mean the sum, in square feet, of the gross horizontal areas of a
building measured from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings, but not including:
(1) Attic space providing headroom of less than seven feet;
Basement space not used for retailing;
Uncovered steps or fire escapes;
Accessory water towers or cooling towers;
Accessory off- street parking spaces; and
Accessory off- street loading berths.
"Indenture" shall mean the Indenture of Trust and any supplemental indenture entered
into between the LGC and the Trustee relating to the issuance and delivery of LGC Bonds and
other obligations.
"Infrastructure" shall mean the streets and roadways, drainage and detention associated
with streets and roadways, landscaping and lighting, parking facilities, water, sewer, and storm
sewers, and all other utilities and other infrastructure, as further described in Exhibit B attached
hereto. The Infrastructure consists of two components as further defined below, off -site, and on-
site, as delineated in Exhibit B attached hereto.
"Letter of Acceptance" shall mean a certificate of the City certifying the completion of
all or a p onion of the Infrastructure constructed by or under the supervision of the Developer in
accordance with the applicable plans and regulations.
4
"LGC Bonds" shall mean any LGC contract revenue bonds, obligations or notes issued in
accordance with state law and pursuant to this Agreement and secured by the Sales Tax
Revenues or Property Tax Revenues, and any combination thereof, payable hereunder.
"# -Site Infrastructure" shall mean the Infrastructure constructed off the Property and
dedicated to the City pursuant to this Agreement and the Development Agreement, as delineated
in Exhibit B attached hereto, including hard and soft costs relating thereto.
"On-Site Infrastructure" shall mean the Infrastructure constructed on the Property, as
delineated in Exhibit B attached hereto, which shall be maintained by the Developer rather than
the City.
"Parties" or "Fad" shall mean the City, the LGC, and the Developer, the parties to this
Agreement.
"I!ict" shall mean the improvements, specifically including a lifestyle center, as
described herein and as further described in the Development Agreement entered into between
the City and Developer, dated June 26, 2007, as constructed by the Developer upon Completion.
"roert' shall mean the real property on which the Project will be built, as described i
(A) Each and every retailer that has relocated from an existing location within the
City to the Project, if i it operated a Retail store in the corporate limits of the City within three
years immediately preceding opening of its new Retail store in the Project; and it it closes that
store withi
"State Comptroller" shall mean the Comptroller of Public Accounts for the State of
Texas, or such other agency responsible for collecting sales and use taxes within the State of
Texas and remitting them to the City.
"Trustee" shall mean the bank or other financial institution designated as such in the
Indenture.
Section 1.03 Singular and Plural. Words used herein in the singular, where the context
so permits, also include the plural and vice versa. The definitions of words in the singular herein
also apply to such words when used in the plural where the context so permits and vice versa.
ARTICLE 11
REPRESENTATIONS
Section 2.01 Bamcntations of the City. The City hereby represents to the Developer
and the LGC that as the date hereof:
(A) The City is a duly created and existing municipal corporation and home rule
municipality of the State of Texas under the laws of the State of Texas and is duly qualified and
authorized to carry on the governmental functions and operations as contemplated by this
Agreement.
(13) The City has the power, authority and legal right under the laws of the State of
Texas and the City Charter to enter into and perform this Agreement and the execution, delivery
and performance hereof l will not, to the best of its knowledge, violate any applicable
judgment, order, law or regulation, and (ii) do not constitute a default under, or result in the
creation of, any lien, charge, encumbrance or security interest upon any assets of the City under
any agreement or instrument to which the City is a party or by which the City or its assets may
be bound or affected.
(C) This Agreement has been duly authorized, executed and delivered by the City
and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with
its terms except to the extent that (0 the enforceability of such instruments may be limited by
bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application
in effect from time to time relating to or affecting the enforcement of creditors' rights and
(ii) certain equitable remedies including specific performance may be unavailable.
(D) The execution, delivery and performance of this Agreement by the City do not
require the consent or approval of any person which has not been obtained.
Section 2.02 Re • resentations of the Develo • er. The Developer hereby represents to the
City and the LGC that as of the date hereof:
(A) The Developer is duly authorized and existing and in good standing under the
laws of the State of Texas, and is qualified to do business in the State of Texas.
(B) The Developer has the power, authority and legal right to enter into and perform
its obligations set forth in this Agreement, and the execution, delivery and performance hereof,
(i) have been duly authorized, and will not, to the best of its knowledge, violate any judgmerit,
order, law or regulation applicable to the Developer, and (ii) do not constitute a default under or
result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the
Developer under any agreement or instrument to which the Developer is a party or by which the
Developer or its assets may be bound or affected.
(C) The Developer will have sufficient capital to perform its obligations under this
Agreement at the time it needs to have sufficient capital.
(D) This Agreement has been duly authorized, executed and delivered and constitutes
a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms
except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy,
reorganization, insolvency, moratorium or other similar laws of general application in effect
from time to time relating to or affecting the enforcement of creditors' rights and (ii)
equitable remedies including specific performance may be unavailable.
Section 2.03 Representations of the LGC. The LGC hereby represents to the City and
the Developer that as of the date hereof:
(A) The LGC is duly authorized, created as a local government corporation, existing
under the laws of the State, and is duly qualified and authorized to carry on the functions and
operations as contemplated by this Agreement.
03) The LGC has the power, authority and legal right to enter into and perform this
Agreement and the execution, delivery and performance hereof i will not, to the best of its
knowledge, violate any applicable judgment, order, law or regulation, and (ii) does not constitute
a default under, or result in the creation of, any lien, charge, encumbrance or security interest
upon any assets of the LGC under any agreement or instrument to which the LGC is a party or
by which the LGC or its assets may be bound or affected.
(C) This Agreement has been duly authorized, ed, executed and delivered by the LGC
and, constitutes a legal, valid and binding obligation of the LGC, enforceable in accordance with
its terms except to the extent that (i) the enforceability of such instruments may be limited by
bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application
in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii)
certain equitable remedies including specific performance may be unavailable.
(D) The execution, delivery and performance of this Agreement by the LGC do not
require the consent or approval of any person which has not been obtained.
ARTICLE III
JMWELOFER COMMITMENTS
Section, 3.01 Project.
(A) Subject to acquiring the Property, obtaining financing for the construction of the
Project, and the compliance of the City with the terms of this Agreement and the Development
Agreement, the Developer agrees to develop and construct the Project as described herein to
accomplish Completion of the Project within seven years from the date of this Agreement.
The Developer shall pay all engineering, planning, accounting, architectural, legal fees and
expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs,
advertising and other bidding costs, amounts due under construction contracts, costs of labor and
material, insurance premiums, and other costs and expenses incurred in connection with the
construction of such Infrastructure improvements, which costs as set forth in Exhibit B attached
hereto are estimated to approximate $58,300,000. The City shall not be responsible for any of
such costs out of its current revenues or other sources, except in accordance with the
reimbursement to the Developer for the costs of the Infrastructure in the Reimbursement Amount
as provided in this Agreement.
(B) The Developer agrees not to construct more than 1,500,000 Gross Floor Area of
Retail space during the period ending three years from the date of this Agreement. The
Developer may deem the Project complete at any of the Completion Thresholds and accept the
Reimbursement Amount specified for such level of Completion Threshold, subject to the terms
and conditions of this Agreement. The Developer agrees to assist the City, if so requested by the
City, in the preparation of any documentation necessary for the preparation and approval of any
of the documents or actions required by the City to perform any of the obligations under this
Agreement. The Developer further shall prepare or cause to be prepared any preliminary
architectural or engineering plans and financial data and projections necessary to perform the
obligations of the City under this Agreement. The Developer agrees to proceed in good faith
towards the purchase of the Property and development of the Project. Upon Completion of the
Project and during the term of this Agreement, the Developer shall maintain the property,
improvements and premises in a commercially reasonable manner, comparable to the
maintenance of similar retail establishments; and shall timely pay all taxes assessed against the
property.
Section 3.02 Job Creation. The Developer's receipt of the Reimbursement Amount is
subject to the following commitment (the "Jobs Re • uirement"): the Developer agrees to
construct the Project and assure that at least 500 new jobs will be created by Retail
establishments located within the Project within six months of Completion of the Project, which
jobs will be made available principally to local residents residing within the City. The Developer
shall obtain certification from its tenants or occupants as to the number of new jobs created in
compliance with this provision. As used herein, the term "jobs" shall mean full -time equivalent
positions providing a regular work schedule of at least 35 hours per week. Upon the request of
the City, the Developer shall submit documentation as reasonably necessary to evidence
satisfaction that the Developer has met the Jobs Requirement.
Section 3.03 Operational Requirements.
(A) The Developer's receipt of the Reimbursement Amount is subject to the following
commitment (the " per ti r a uirernent" : the Developer agrees to maintain the Project as a
Retail and mixed use development for the duration of the period during which the
Reimbursement Amount is paid or there is outstanding debt service on any LGC Bonds issued to
pay the Reimbursement Amount; any default in such obligation shall result in the forfeiture of
the right to receive reimbursement for any of the Reimbursement Amount other than those
projects which are designated as off -Site Infrastructure improvements, and any amounts in
excess of said amount disbursed to the Developer shall be returned to the City.
Q3) In the event Relocations exceed 30% of the total Gross Floor Area of Retail space
in the Project, such event shall be a default hereunder and the Developer shall forfeit the right to
receive reimbursement for any of the Infrastnicture costs other than those costs which are
designated for Off-Site Infrastructure improvements, and any amounts in excess of said amount
disbursed to the Developer shall be returned to the City.
(C) Additionally, the Project at Completion may not include more than one anchor
tenant as a Relocation from any one multi- tenant facility within the corporate limits of the City.
Any breach of this covenant shall be a default hereunder and the Developer shall forfeit the right
to receive reimbursement for any of the Infrastructure costs other than those costs which are
designated for Off-Site Infrastructure improvements, and any amounts in excess of said amount
disbursed to the Developer shall be returned to the City. (For the purposes of this provision, an
anchor tenant is defined as a store comprising at least 170,000 square feet at the prior multi -
tenant facility.)
Section 3.04 Utilization of Local Contractors and Suppliers. The Developer's receipt of
the Reimbursement Amount is subject to the following commitment (the "Local Re uirement"):
in consideration of the Reimbursement Amount for the On-Site Infrastructure portion of the
Infrastructure, the Developer agrees to exercise reasonable efforts in utilizing local contractors
and suppliers in the construction of the Project with a goal of at bast 30% of the total dollar
amount of all construction contracts and supply agreements being paid to local contractors and
suppliers. A contractor or supplier shall be considered as local if it has maintained an office or
the owner has maintained his or her primary residence within the Corpus Christi MSA for at least
two years. This goal shall apply to the total amount of all construction contracts and supply
agreements made by the Developer in connection with the construction of the Project, not just
the construction contracts and supply agreements made in connection with the Infrastructure.
The Parties acknowledge that some construction and supply agreements will be controlled by
particular tenants of the Developer and not under the control of the Developer. The Developer
agrees to encourage such third parties to adopt a comparable goal of 30% of their construction
costs, but the City acknowledges that Developer has no legal authority in connection with such
third -party contracting. The Developer agrees, during the construction of the Project and for four
years after Completion, to maintain written records documenting the efforts of the Developer to
comply with the Local Requirement.
Section .0 JjUzation of i ativ ntaged Business Entenxises. Small Business
Initiatives.
(A) The Developer's receipt of the Reimbursement Amount is subject to the following
commitment (the `DBE Requirement"): in consideration of the Reimbursement Amount for the
On-Site Infrastructure p ortion of the Infrastructure, the Developer agrees to exercise reasonable
efforts in utilizing contractors and suppliers in the construction of the Project that are determined
to be disadvantaged business enterprises, including minority business enterprises, women -owned
10
business enterprises and historically-underutilized business enterprises. In order to qualify as a
business enterprise under this provision, the firm must be certified by the City, the Regional
Transportation Authority or another governmental entity in the jurisdiction of the home office of
the business as complying with state or federal standards for qualification as such an enterprise.
The Developer agrees to a goal of 25% of the total dollar amount of all construction contracts
and supply agreements being paid to disadvantaged business enterprises, with a priority made for
disadvantage business enterprises which are local. The following table shall establish the portion
of a contract with a disadvantaged business enterprise which shall count towards the goal:
Disadvantaged Business Enterprises in Corpus Christi MSA 100%
Disadvantaged Business Enterprises elsewhere in Texas 80%
Disadvantaged Business Enterprises outside Texas 60%
A contractor or supplier shall be considered located in the Corpus Christi MSA if it has
maintained an office or the owner has maintained his or her primary residence within the Corpus
Christi MSA for at least two years. This goal shall apply to the total amount of all construction
contracts and supply agreements made by the Developer in connection with the construction of
the Project, not just the construction contracts and supply agreements made in connection with
the Infrastructure. The parties acknowledge that some construction and supply agreements will
be controlled by particular tenants of the Developer and not under the control of the Developer.
The Developer agrees to encourage such third parties to adopt a comparable goal of 25% of their
construction costs, but the City acknowledges that Developer has no legal authority in
connection with such third -party contracting.
(B) The Developer agrees to enter into a Fair Share Agreement with the City
pertaining to the achievement of the DBE Requirement. The City shall assist the Developer in
recruiting a person or firm to provide independent verification and monitoring of Developer's
activities in connection with the above goals. Such person or firm shall be responsible for
reviewing the contract information for the contracts made by Developer, verifying the eligibility
of the firms identified as meeting the requirements stated above, and providing quarterly reports
to the City concerning the Developer's achievement of the goals in connection with construction
of the project. The person or firm may rely upon the determination made by the City or another
governmental entity as to the qualification of a contractor or supplier as a disadvantaged business
enterprise. The costs of such verification and monitoring during the construction period shall be
subject to the approval of and paid by Developer. Such costs shall not be subject to
reimbursement as administrative expense from the Reimbursement Amount.
(C) The Developer agrees to provide financial and other support for small business
initiatives of the City as provided by City policies.
(D) The Developer agrees, during the construction of the Project and for four years
after Completion, to maintain written records documenting the efforts of the Developer to
comply with the DBE Requirement.
Section 3.06 Reimbursement Reduction.
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(A) If the Developer does not satisfy the Jobs Requirement, the Local Requirement, or
the DBE Requirement, the City may reduce the Reimbursement Amount. The percentage of any
Reimbursement Amount reduction shall not exceed the percentage by which the Developer does
not satisfy the Jobs Requirement, the Local Requirement, or the DBE Requirement, with equal
weight given to each requirement and to the degree of non - compliance with each requirement.
The City agrees not to reduce the Reimbursement Amount, as long as the Developer has
exercised reasonable efforts to comply with the Local Requirement and the DBE Requirement.
The Developer shall be deemed to have exercised reasonable efforts to comply with the Local
Requirement and the DBE Requirement as long as the Developer keeps and provides to the City
records required to be maintained under sections 104 and 3.05 documenting its reasonable
compliance attempts, even if the Developer does not actually meet the compliance goals.
If the Developer does not satisfy any other requirements under this Agreement in
connection with its construction of the Project, the City may reduce the Reimbursement Amount
based upon such default. Any reduction of the Reimbursement Amount based on the provisions
in this Section 3.06 shall be applied to the total Reimbursement Amount; provided that in no
event shall the Reimbursement Amount be reduced to an amount below the actual costs
expended by the Developer for the Off-Site Infrastructure improvements. The City Commitment
and the payments therefrom shall continue until the total reduced Reimbursement Amount is
paid to the Developer. If the City has paid the Developer the entire Reimbursement Amount
before the Reimbursement Amount is reduced, the Developer shall reimburse the City for the
reduction in the Reimbursement Amount within thirty (30) days of being notified of the amount
due to the City.
Section 3.07 Infrastructure.
(A) The Project will be developed by the Developer simultaneously with the
Infrastructure. The Infrastructure shall be designed and constructed by the Developer. The City
will reimburse the Developer for the Reimbursement Amount, subject to the conditions set forth
herein, and the City's financial obligations with respect to the Infrastructure shall be limited in
amount and scope as provided in Article IV hereof.
(B) The Developer agrees to construct the Infrastructure simultaneously with the
Project and, in accordance with the terms of the Development Agreement, obtain all necessary
permits and approvals from the City and all other government officials and agencies having
jurisdiction and provide supervision of all phases of construction of the Infrastructure. Subject to
the terms of the Development Agreement, the Developer agrees to comply with all City master
plans, zoning ordinances, building codes and other applicable City ordinances and regulations in
connection with the Developer's construction of the Project.
(C) During and following completion of a component of the Off -Site Infrastructure,
the Developer will have an inspection of the Off -Site Infrastructure done by the City in
accordance with standard City inspection procedures, and upon approval thereof as being in
compliance with applicable City standards thereto, the Off -Site Infrastructure will be conveyed
to the City.
Section 3.08 Acceptance offIrfrastructure.
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(A) Promptly upon the completion of construction of any component of the Off -Site
Infrastructure, the City shall furnish a Letter of Acceptance so certifying its acceptance. Each
Letter of Acceptance shall be in a recordable form, and shall be a conclusive determination of
satisfaction with respect to such Off-Site infrastructure. Upon written request for a Letter of
Acceptance, the City shall have 30 days after receipt thereof to provide a Letter of Acceptance or
a written statement indicating in detail why the certificate cannot be issued, and what measures
or acts will be necessary, in the reasonable opinion of the City citing applicable laws and
ordinances to take or perform to obtain issuance of such Letter of Acceptance. If the City has
not provided the Letter of Acceptance or such written statement within 30 days after receipt of
the request, the Off -Site Infrastructure will be deemed accepted. The Developer will follow
standard City procedures and requirements applicable to all developers within the City with
regard to the acceptance of facilities by the City. The City shall have no obligation to issue such
Letter of Acceptance and the presumption for acceptance of the Off-Site Infrastructure shall not
apply until Developer delivers to the City an assignment of all warranties on the Off -Site
Infrastructure and a complete and sealed set of "as built" plans for the Off -Site Infrastructure.
03) After the City issues its Letter of Acceptance and the Off -Site Infrastructure is
conveyed to the City, Developer shall warranty the Off -Site Infrastructure for a period of one
year, thereafter, the City covenants to maintain, or cause to be maintained, the Off -Site
Infrastructure in good condition and working order. After such conveyance to the City, the
Developer shall never be obligated to maintain the Off -Site Infrastructure.
Section 109 Easements and Iii # hts -of -era Re1atin # to Off -Site Infrastructure. The
Developer agrees to provide all easements and rights -of -way related to drainage and roadways
for the Off-Site Improvements required from the Property at no cost to the City. The City agrees
to allow the use of its existing easements and rights -o` -ay related to drainage and roadways
necessary to construct the Off -Site Infrastructure that are not part of the Property. In the event
additional easements or ri
Requirement, and requirements concerning Relocations. The Developer agrees to reasonably
cooperate with the City in such monitoring process.
ARTICLE IV
PROJECT FINANCING AND FUNDING
Section 4.01 Project Financing.
(A) The City hereby covenants and agrees upon the Effective Date of this Agreement
to create a special fund (the "Reimbursement Fund") for the benefit of the Developer r for the
purpose of paying the Reimbursement Amount. The City shall fund the Reimbursement Fund
through the term of this Agreement from the following sources and in the following manner: i)
with respect to the portion of the Reimbursement Amount calculated based on the Property Tax
Revenues, the City shall annually fund the Reimbursement Fund from any revenues available to
the City in its General Fund in an amount equal to the Property Tax Revenues; and ii) with
respect to the portion of the Reimbursement bursement Amount calculated based on the Sales Tax
Revenues, the City shall monthly fund the Reimbursement Fund in an amount equal to the Sales
Tax Revenues from the Sales Tax Revenues. Although a portion of the Reimbursement Amount
is calculated based on the Property Tax Revenues, the City is under no obligation to fund the
Reimbursement Fund from the Property Tax Revenues received by the City. The
Reimbursement Fund shall always remain unencumbered by the City and segregated from all
other funds ds of the City. Such funds are held in trust by the City for the Developer to be used in
accordance with the terms hereof as long as Developer is in compliance with this Agreement.
The City agrees that it will, with respect to the portion of the Reimbursement Amount derived
from Sales Tax Revenues, make monthly cash payments, and, with respect to the portion of the
Reimbursement Amount calculated on the basis of the Property Tax Revenues, make annual cash
payments by June 1 of each applicable year, from the Reimbursement Fund to the LGC on behalf
of the Developer at any time cash is available for such purpose under this Agreement until the
Reimbursement Amount is paid in full as provided herein.
(B) (1) Pursuant to its authority under various laws, including Chapter 380 and
Section 431.070 of the Texas Transportation Code, the LGC shall use reasonable efforts
consistent with then prevailing market conditions to issue LOC Bonds to generate funds to pay
the Reimbursement Amount to the Developer (but limited in amount and scope to the City
Commitment as provided herein), and pay Costs of Issuance associated with the LGC Bonds.
Any LGC Bonds sold pursuant to this Agreement shall be sold as contract revenue bonds
pursuant to Chapter 431 of the Texas Transportation Code and shall be secured by the payments
to be made by the City from the Reimbursement Fund under this Agreement, but such payments
shall be limited in amount to the City Commitment and shall be payable by the City solely from
the Reimbursement Fund. The LGC Bonds may be sold by negotiation, and issued in one of
more series maturing not more than 25 years from the date of issuance. Any LGC Bonds issued
as provided herein and secured by the City Commitment may be callable, at the discretion of the
LGC. The LGC Bonds will be issued upon the later of when 1) the Project is substantially
Complete, and 2) such LGC Bonds can be issued, in one or more series or traunches, on
commercially reasonable terms including such reserve requirements, coverage requirements,
credit enhancement features, interest rates and other features consistent with bonds issued by
14
similar entities of like quality and credit worthiness, including, but not limited to, obligations
issued by the North Padre Island Development Corporation secured by tax increment revenues to
fund the costs related to the dredging of and construction of improvements related to Packery
Channel, The LGC Bonds shall be deemed to be able to be issued on commercially reasonable
terms if a financial advisor hired by the LGC or the City determines that such LGC Bonds can be
underwritten, marketed and issued, factoring in the criteria stated in this paragraph, including,
without limitation, projections of the Reimbursement Amount and any additional revenues
available provided under this Agreement to support the payment of debt service on such LGC
Bonds,
(2) Alternatively, after Completion of the Project and in the event that market or other
conditions limit the ability of the LGC to issue the LGC Bonds as provided above, the Developer
may elect to have the LGC Bonds issued by the LGC and purchased by the Developer or a third
party on similar terms and conditions as contemplated above. Such LGC Bonds may be in the
form of bond anticipation notes or other interim instruments providing for possible reissuance or
issuance of new LGC Bonds to third parties at such time as market or other conditions allow.
(C) In the event that the LGC does not issue LGC Bonds, the LGC agrees that it
will either (i) make cash payments to the Developer for the Reimbursement Amount, but such
cash payments shall be limited in amount to the City Commitment (and such cash payments shall
be made by the City or the LGC (or the Trustee at the written direction of the City and the LGC)
at any time when cash is available for such purpose under this Agreement) or (ii) assign the
City's rights to the City Commitment to a third party in order for that third party to issue a loan,
note or other obligation to make such payments to the Developer for the Reimbursement Amount
(but limited in amount to the City Commitment as provided herein).
(2) Should the LGC not issue LGC Bonds, and make cash payments, such cash
payments shall be limited in amount to the City Commitment, to the Developer for the
Reimbursement Amount as described in paragraph (1) above, the Developer agrees to use the
cash payments, or cause the cash payments to be used, solely for the purpose of i with respect to
the Off -Site Infrastructure, reimbursing costs of the Off-Site Infrastructure in accordance with
the terms of this Agreement and the Development Agreement, and ii) with respect to the On-Site
Infrastructure, for costs relating to the Project. In connection with payments made to defray the
costs of off -Site Infrastructure construction, the Developer shall provide to the City and the LGC
documentation as to the actual costs of such Off-Site Infrastructure incurred and paid by the
Developer, and the payments for such costs shall not exceed the actual costs incurred. In
connection with the remainder of the payments, if any, representing payments for On-Site
Infrastructure expenses, the consideration for such payments shall be the Developer's
construction and completion of the Project in accordance with the terms of this Agreement and
the Development Agreement. Failure of the Developer to observe the foregoing covenants shall
constitute a default hereunder.
(D) IT IS INTENDED BY THE PARTIES HERETO, THAT THE LGC BONDS
WILL BE SPECIAL, LIMITED OBLIGATIONS OF THE LGC PAYABLE SOLELY AS
PROVIDED HEREIN. NEITHER THE STATE, THE CITY, NOR ANY POLITICAL
CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE SHALL BE OBLIGATED
TO PAY THE BONDS OR OBLIGATIONS OR THE INTEREST EST THEREON AND THAT
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE, 1
CITY OR ANY OTHER POLITICAL CORPORATION, SU DI ISIOI , OR AGENCY
THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST
ON SUCH BONDS OR OBLIGATIONS.
(E) If any of the LGC Bonds are issued as tax exempt obligations, the City hereby
covenants to the LGC that it will not take any action or fail to take any action that would
adversely affect the exclusion from gross income of interest on such LGC Bonds.
(F) The City agrees that it will not cause the LGC to be dissolved or otherwise case
to exist as a corporate entity so long as any LGC Bonds or other obligations remain outstanding
(i) if in the opinion of the financial advisor to the LGC or the City the credit rating on the
outstanding LGC Bonds or other obligations would be lowered as a result of such dissolution or
(ii) wi
times and in the respective amounts as fixed and prescribed in the Indenture under authority of
which said LGC Bonds and other obligations are issued by the LGC. Promptly after the LGC
Bonds (and other obligations) are issued, the LGC shall furnish (or cause the Trustee to furnish)
the City a schedule of payments to be made by the City for the Debt Service on the LGC Bonds
and any additional bonds and other obligations.
(D) To the extent that proceeds from the LGC Bonds do not fund the Reserve Fund
Requirement, a portion of the City Commitment may be used by the Trustee as necessary to
establish, restore, and maintain an amount equal to the Reserve Fund Requirement in the Debt
Service Reserve Fund created in the Indenture and any supplemental indenture authorizing the
issuance of LGC Bonds and other obligations, at such times and in such amounts as provided in
the Indenture authorizing the LGC Bonds and other obligations.
(E) The City shall determine the amount of the Sales Tax Revenues received each
month by the City from the State Comptroller in cooperation with the Developer and the State
Comptroller, The City and Developer agree to cooperate in any way necessary to receive
information from the Comptroller necessary to determine the Sales Tax Revenue, including the
filing or submittal of any forms or letters necessary to determine the incidence of local sales and
use taxes. The City hereby agrees to deposit the Sales Tax Revenues portion of the City
Commitment into the Reimbursement Fund, and hereby pledges such fund to the payment of the
City Commitment as provided herein. The City Commitment shall be remitted to the LGC on or
before the 15th day of each calendar month. The City designates this Agreement as a Revenue
Sharing Agreement, thereby entitling the City to request sales tax information from the
Comptroller, pursuant to section 321.3022, Texas Tax Code, as amended. Unless determined
otherwise by the Texas Attorney General in writing, any information received relating to the City
Sales Tax Revenue shall be considered confidential proprietary financial information not subject
to immediate release to the public. The City shall seek a written opinion from the Texas
Attorney General, raising any applicable exception to release, prior to any release to a third-party
under the Texas Public Information Act
(F) The City shall determine the amount of the Property Tax Revenues received
annually by the City in cooperation with the Developer. The City hereby agrees to deposit from
available funds in the City's General Fund an amount equal to the Property Tax Revenues into
the Reimbursement Fund in accordance with Section 4.01 (A) of this Agreement, and hereby
pledges such fund to the payment of the City Commitment as provided herein. The City
Commitment shall be remitted to the LGC on or before June 1 of each year
(G) The City shall maintain complete books and records showing deposits to and
disbursements from the Reimbursement Fund, which books and records shall be deemed
complete if kept in accordance with generally accepted accounting principles as applied to Texas
municipalities. Such books and records shall be available for examination by the duly authorized
officers or agents of the Developer or the LGC during normal business hours upon request made
not less than five business days prior to the date of such examination. The City shall maintain
such books and records throughout the term of this Agreement and store the same for four years
thereafter.
17
Section 4.03 Reimbursement From Other Sources. In the event that the City arranges
for reimbursement of any of the Developer's Off -Site Infrastructure costs listed on Exhibit
from other sources, such as TxDT or applicable trust funds established for such purposes, any
such reimbursements shall be credited against the City Reimbursement, and the sharing ratio for
Property Tax Revenues and Sales Tax Revenues shall be proportionately reduced so that for the
duration of this Agreement the same coverage ratios apply to the reduced amount as applied to
the original amount of the City Reimbursement.
ARTICLE V
ADDITIONAL UTIES AND RESPONSIBILITIES
Section 5.01 Creation of Other Special Di
requirements of the Infrastructure including the Developer's receipt of permits from all
government and quasi- governmental agencies for the construction of roads required for the
Project. Developer acknowledges that the City will not request or encourage other public entities
to take actions inconsistent with their adopted rules, policies or procedures.
ARTICLE V1
TERM OF THE AGREEMENT AND OTHER OBLIGATIONS
Section 6.01 Terra and Termination. This Agreement shall have a term (the "Term")
beginning on the Effective Date hereof and continuing for a period until the earlier to occur of:
(a) twenty -five (25) years from the date of Completion, or (b) until any LGC Bonds issued
pursuant to this Agreement are retired and all payments and obligations to the Developer
hereunder have been performed (limited in amount and scope to the maximum City Commitment
as set forth herein). This Agreement may be amended, supplemented, and extended by mutual
agreement of the parties, but not in such manner as to impair the rights of the Owners (as defined
in the Indenture) of LGC Bonds and other obligations issued hereunder by the LGC and secured
by a pledge of the payments to be made by the City hereunder. The City agrees that it will not
terminate this Agreement during its Term for any reason so long as any LGC Bonds or other
obligations remain outstanding, except as otherwise provided in this Agreement.
Section 6.02 completion• Bonds and other li salons. Subject to approval of the City
Council and the LGC Board of Directors, the City and the LGC (1) agree that the LGC shall issue
additional LGC contract revenue bonds payable solely as provided hereunder and other
obligations as may be necessary to pay the maximum City Commitment that cannot be funded
with a first series of LGC Bonds and (ii) agree to enter into such additional supplements to this
Agreement as shall from time to time be needed to provide for the payment of principal, interest
and redemption price on such additional LGC Bonds and other obligations, or refunding bonds
and other obligations and to establish and maintain the Debt Service Reserve Fund,
ARTICLE VII
DEFAULT
Section 7.01 Default
(A) If the City or the LGC does not perform its obligations hereunder in substantial
compliance with this Agreement (other than the financial obligations, which shall be in strict
compliance) and, if such default remains uncured for a period of 60 days after notice thereof
shall have been given, in addition to the other rights under the law or given the Developer under
this Agreement, the Developer may enforce specific performance of this Agreement, seek a writ
of mandamus to perform obligations under this Agreement, or seek actual damages incurred by
the Developer for any such default.
(B) If the Developer does not perform its obligations hereunder in substantial
compliance with this Agreement, and, if such default remains uncured for a period of 60 days
after notice thereof shall have been given, in addition to the other rights under the law or given to
the City and the LGC under this Agreement, if the Developer has constructed or is constructing
19
the Project, the City and the LGC may, with respect only to construction of the Off -Site
Infrastructure, select specific performance for construction of the Infrastructure, or, for any other
default, terminate this Agreement and any of the obligations associated herein and the City and
the LW may seek actual damages incurred by the City and the LGC for any such default,
including all costs to construct the Off -Site Infrastructure if the Developer has constructed or is
constructing the Project. Notwithstanding the foregoing, if the Developer has constructed, and
the City has accepted, the Ofd' -Site Infrastructure, the Developer nevertheless shall be entitled to
receive the Reimbursement Amount attributable to the actual costs incurred for such Off-Site
Infrastructure, subject to the funding and limitations provided in this Agreement. Further, the
City's and the LGC's obligations to make any debt service payments on any LGC Bonds, shall
survive termination of this Agreement.
(C) Notwithstanding anything in this Agreement which is or may appear to be to the
contrary, if the performance of any covenant or obligation to be performed hereunder by either
Party is delayed as a result of circumstances which are beyond the reasonable control of such
Party (which circumstances may include, without limitation, pending or threatened litigation,
acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions (such as, by way of illustration and not limitation, severe rain storms or
below freezing temperatures, hurricane or tornados) labor action, strikes or similar acts) the time
for such performance shall be extended by the amount of time of such delay. The Party claiming
delay of performance as a result of any of the foregoing "force majeure" events shall deliver
written notice of the commencement of any such delay resulting from such force majeure event
not later than seven days after the claiming Party becomes aware of the same, and if the claiming
Party fails to so notify the other Party of the occurrence of a force majeure event causing such
delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of
performance contained in this Section.
(D) Should Developer fail to develop and construct a lifestyle center, as described in
the Development Agreement entered into between the City and Developer, dated June 26, 2007,
this Agreement shall terminate without obligation of City and LGC to provide reimbursement to
Developer.
ARTICLE VIII
GENERAL
Section 8.01 Sev rabili . If any provision of this Agreement is held to be invalid or
unenforceable by any court of competent jurisdiction for any reason, such provision shall be
fully severable, and the remainder of this Agreement shall remain in full force and effect. This
Agreement shall be construed and enforced as if such invalid or unenforceable provision had
never comprised a part of this Agreement.
Section 8.02 Indemnyication. The Developer agrees to indemnify, d fend and hold
the City, the LGC, and their respective council members, board members, officers, f icers, employees
and agents, harmless from any actions, suits, liens, claims, damages, expenses, losses and
liabilities (including reasonable attorneys' fees and expenses) arising from or in connection
20
with its proceedings pursuant to this Agreement, which indemnity shall survive any
termination of this Agreement.
Section 8.03 Notice, Any notice or other communication required or permitted to be
given pursuant to this Agreement shall be given to the other Party at the following address:
If to the Developer:
a copy to:
w/ a copy to:
If to the City:
w/ a copy to:
If to the C:
Crosstown Commons LLC
855 Broad Street, Suite 300
Boise, Idaho 83702
ATTN: Legal Department
CBL & Associates Limited Partnership
2030 Hamilton Place Blvd, Ste. 500
Chattanooga, Tennessee 37421 -6000
ATTN: General Counsel
John D. Bell
Wood, Boykin & Wolter, P.C.
615 N. Upper Broadway, Suite 1100
Corpus Christi, Texas 78477
City of Corpus Christi
1 201 Leopard Street (7840 1)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: City Manager
City of Corpus Christi
1201 Leopard Street (78401)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: City Attorney
Crosstown Commons Development Corporation
1201 Leopard Street (78401)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: City Attorney
Any such notice or communication shall be deemed given on the date so delivered or so
deposited in the mail, unless otherwise provided herein. Either Party may change the above
address by sending written notice of such change to the other Party in the manner provided
above. With the consent of the receiving Party, notice may be given by facsimile transmission or
electronic mail.
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Section 8.04 Amendments and waivers. Any provision of this Agreement may be
amended or waived if such amendment or waiver is in writing and is signed by the City and the
Developer.
Section 8.05 Successors and Assigns. Except as provided in Article IV, no party shall
have the right to assign its rights under this Agreement or any interest herein, without the prior
written consent of the other Party except the Developer may assign its rights and responsibilities
hereunder to any related, affiliated or subsidiary entity to which substantially all of its assets,
liabilities and its rights to proceed with development of the Project are transferred. Such written
consent shall not be unreasonably withheld and if such consent is not received by the Party
seeking consent within ten 10 days of their request for consent, the assignment will be deemed
approved. Notwithstanding the foregoing, the City hereby consents to Developer's assignment
to a lending institution of all of the Developer's rights hereunder as security for repayment of one
or more loans to finance the construction or ownership of the Project or construction of the
Infrastructure. The Developer shall give written notice of its assignment of its rights hereunder
to the other Parties within five business days of the occurrence of such assignment. The
foregoing notwithstanding, any assignment of the Developer's rights under this Agreement shall
not release the Developer from its obligations under Section 4.01(C) hereof.
Section 8.06 Exhibits. Titles of Articles Sections and The exhibits
attached to this Agreement are incorporated herein and shall be considered a part of this
Agreement for the purposes stated herein, except that in the event of any conflict between any of
the provisions of such exhibits and the provisions of this Agreement, the provisions of this
Agreement shall prevail. Alt titles or headings are only for the convenience of the Parties and
shall not be construed to have any effect or meaning as to the agreement between the Parties
hereto. Any reference herein to a Section or Subsection shall be considered a reference to such
Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an
exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise
stated.
Section 8.07 Construction. This Agreement is a contract made under and shall be
construed in accordance with and governed by the laws of the United States of America and the
State of Texas, excluding confli
necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this
Agreement and to aid and assist each other in carrying out said terms, provisions and intent.
[EXECUTION PAGES FOLLOW]
23
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly
executed as of the day of , 2007.
CROSSTOWN COMMONS, LLC, CITY OF CORPUS CHRISTI, TEXAS
A Home-rule municipal corporation
A Texas limited liability company
By:
Jeffery- .Ie , P esident George Noe, City Manager
CROSSTOWN COMMONS
DEVELOPMENT CORPORATION
a Texas local government corporation
By:
Name:
Title: President
F:16O3713 Infra FinTIFA -1 O clean final 7- 275 -11 + 1 .D
ATTEST:
Armando Chapa, City Secretary
Aiiroved nip t 1
ry
Assistant City Attorney
For City Attorney
EXIIIBIT
Project Conceptual
Plan
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EXHIBIT B
INFRASTRUCTURE
EXHIBIT
Crosstown Commons Infrastructure Project Costs
ft to Infrastructure Improvements
Sli erberTy Entrance Road IMproVernents 176 #250
Holly Road Vifidening 6,662,E
Coastal crosstown Drive Improvements 3,149,000
SPID Fromm Road Turn Lane Improvements + nts 117500
Right Terri Lane at GreenwoOd 88,125
Re-Striping crosstown Expressway Prone Road 29,375
Traffic Signal. at Holly Rd/Victor Lira Ortega St 293,750
Try Signal at H fly 'Rd/Martin St 293,750
Traffic Signal at Greenwood Rd/Hala Rd/Ha Pit Rd 293,750
Traffic Signal Interconnect 293,750
Site P'efirrieter Water Main Eldensitins 458,250
Storm Sewer Culvert Extension . 1, 353000
Right-of-way/Easement Acquisition 0
$13,218,750
On-Site l aJor Roadway Infrastructure Improvements
Roadway Base and Paving 5,578;981
Storm Drainage 4,223,533
Detention scion Allowance 1 +028; 280
$10,828,774
On-Site Additional Infrastructure improvements
Public Water Lines in Easements up . to Meter 3,390,084
Pub Sanitary Lines in Easements up to Tap Point 2,48 ,506
Additional Storm Drainage 7,621,716
Public Parldng Facilities 10,588,41
Street Light r g 816,825
Landscaping 3,754, 125
Pedestrian �Hardsoape -lit style 1,836,230
Primary [Electric Service 2,173,750
Fountains/ Water features-lifestyle 1,175 00
Street Medan Landscaping 411 250
$34,33,680
Total $68,2
* Note; Only a maximum $40,000,000 is payable to the Developer.
B-
EXHIBIT
Property Description
Being 227.09 acres of land, more or less, out of Lots 3-6, Section A, Bohemian Colony Lands,
Volume A, Page 48, Map Records of Nueces County, Texas; and a 3.00 acre tract of land out of
Lot 2, Section 4, Bohemian Colony Lands, Volume A, Page 48, Map Records of Hues County,
Texas; and a replat of Lot 1, Block 9, Lexington Center, Volume 36, Page 42, Map Records of
feces County, Texas; and a replat of Tracts A- E, Holly Road Industrial Tract, Volume 28, Page
40, Map Records ofN ec s County, Texas; and a replat of Lot 1, Block 2, Holly Industrial Tract,
Volume 61, Page 182, Map Records of Nees County, Texas
26
CITY COUNT
AGENDA MEMORANDUM
City Council Action Date: Nov. 20, 2007
AGENDA ITEM: ORDINANCE APPROPRIATING $100,000 FROM THE UNRESERVED FUND
BALANCE IN TH:E GENERAL FUND 1020 FOR MEMORIAL COLISEUM IMMEDIATE
PRESERVATION REQUIREMENTS; AMENDING THE FY 2007-2008 OPERATING BUDGET
ADOPTED BY ORDINANCE 027352 BY INCREASING APPROPRIATIONS BY $100,000 AND
DECLARING AN EMERGENCY.
ISSUE: MEMORIAL COLISEUM NEEDS TO BE PRESERVED TO PREVENT
DETORIATION OF FACILITY.
REQUIRED COUNCIL ACTION:
FUNDING: UNRESERVED FUND BALANCE OF FUND NO. 1020 GENERAL FUND.
CONCLUSION AND RECOMMENDATION: APPROVAL OF THE ORDINANCE.
die Houlihan
Assistant Budget Director •
Aftachments:
BACKGROUND INFORMATION
on November 13, 2007 the City Council was given a Memorial Coliseum Committee Update. In
the update the Committee recommended funding of $120,000 be provided to preserve the
facility. After some discussion it was decided that $20,000 recommended for security lighting at
building exterior was not needed and $100,000 would be adequate.
ORDINANCE
APPROPRIATING $100,000.00 FROM THE UNRESERVED ED FUND
BALANCE IN THE GENERAL FUND NO 1020 FOR MEMORIAL
COLISEUM IMMEDIATE PRESERVATION REQUIREMENTS;
CHANGING THE FY2 - 8 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 027352 BY INCREASING APPROPRIATIONS BY
$100,000.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION! 1. An amount of $100,000.00 from the unreserved fund balance in the
General Fund No. 1020 is appropriated for Memorial Coliseum immediate preservation
requirements.
SECTION 2. The FY2007-08 Operating Budget adopted by Ordinance No. 027352 is
changed by increasing appropriations by $100,000.00.
SECTION 3. 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 20th day of November, ber, 200 .
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: 15-Nov-07
Veronica canal
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
112007 ORD App 1O0k Memorial Coliseum Immediate Preservation fgts.doo
Corpus Christi, Texas
- Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
CIL
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: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Mare Nelda Martinez
Michael McCutchon
112007 ORD App 100k Memorial Coliseum Immediate Preservation Rqts.doc
27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: , November er 13 2007
AGENDA ITEM: Ordinance amending Chapter 12 "Boats, Bays and Waterways," Article 1
"In General,, Section 12- "Bathing, swimming and wading prohibited in certain waters"
and Section 2 -31 "Brow, No Wake Zones" of the Code of Ordinances, City of Corpus
Christi, to prohibit swimming, bathing and wading in the navigable channel of Packery
Channel and to establish the portions of Packery Channel adjacent to developed areas
along Packery Channel as a slow, no wake zone; providing a severability clause; providing
a repealer clause; providing a penalty; providing for publication.
ISSUE: The City has reviewed the navigable waterways from the Kennedy Causeway
through Packery Channel to the Gulf of Mexico to determine the area where "Slow, No
Wake" Signs should be installed for safety.
BOARD/COMM1TTEE REVIEW: The Parks and Recreation Department held two public
meetings on the Island for residents to express their concerns about the proposed
establishment of "slog, No Wake" areas. There was mixed reaction at the meetings as to
how the proposed areas and signs would be designated.
REQUIRED EI COUNCIL ACTION: The City Council must approve the establishment of the
designated area. Once City Council has approved the area, the recommendation will be
forwarded to Texas Parks and Wildlife Department for their review and publication in the
State Register prior to the designation being finalized.
PREVIOUS IIOUS COU CIL ACTION: none
CONCLUSION AND RECOMMENDATION: It is recommended that "Stow, No Wake" area
be designated as noted on the attached maps and by Ordinance.
PA. Sadly Gavii , irec r
Parks and Recreation
Attachment: Background information
Map
Additional Information requested at 11/13107 Council Meeting
BACKGROUND INFORMATION
Packery Channel was completed in 2007. Once the channel was opened the area
between Kennedy Causeway and the Gulf of Mexico became a major traffic lane for
boaters traveling to the gulf. This traffic lane had limited "Slow, No Wake" areas. The
amount of traffic as well as the speed of the boats was causing damage to the
homeowner's property along the area from the County Packery Channel Park to the 361
bridge. The City of Corpus Christi is not allowed to expand the "Slow, No Wake" as this
designation is regulated by the Texas Parks and Wildlife Department (TPWD). The
process for changing the designation is for the City to pass an Ordinance noting the new
area, to send it to TPWD so it can be advertised in the State Register for 30 days. Upon
the completion of the state process the City Ordinance can take effect and new signs can
be installed.
In an effort to inform as many residents and citizens on the island the Parks and
Recreation Department held two public meetings on September 13 and 20, 2007. At which
time the public was spoke for, against or to modify the recommended changes to the
current ordinances.
Responses from the public meetings:
September 13, 2007 held at the Island in the Son Church, 70 persons in attendance, 18
speakers --13 for the Ordinance as written or with some modifications, and 4 against any
changes to the current Ordinance. There was also one person against the swimming
recommendation.
September 20, 2007 held at the Holiday Inn, Sunspree, 43 persons in attendance with 17
speakers - 17 for the Ordinance as written or with some modifications, and 3 against.
During these public meetings there were several individuals who wanted the area
expanded to the entire length of the area from the Kennedy Causeway to the Gulf. The
Parks and Recreation Department also accepted wri
BACKGROUND INFORMATION —page 2
The current recommendation does account for the homes along the channel and the need
to protect those property rights. While the suggestion was also made to make the entire
area "Slow, No Wake" but not post the signs until there was development, we found this
could not be done legally and the city would have liability in those areas whether a sign
was posted or not. The proposed Ordinance protects the current property owners and
once or if there is additional development along the area a separate recommendation will
have to be prepared for Council.
A second request was to incorporate the Intercoastal Water ay in the "Slow, No Wake"
area. This area is controlled by the Coast Guard and does not fall under the guidelines for
the City of Corpus Christi.
A second phase of the discussion centered on swimming in the navigable waterways.
Almost everyone agreed that there should be no swimming in the navigable waterways.
Swimming created a hazard to the boaters. However, swimming was not the same as
wade fishing, windsurfing or kiteboarding. All of which would be allowed as these are done
close to the bank of the water and do not interfere with navigable waterways. Additional
signs would be placed in areas where this could be a problem.
Additional Information for 11/20/07 Council Meeting
City Council requested the Parks and Recreation Department investigate the potential for a speed
limit in Packery Channel. Research has yielded the following:
United States Coast Guard
The Coast Guard does not have any regulation on speed limits in navigable waterways. The
following is an excerpt pertaining to "Safe Speed ".
"Rule — Safe Speed
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective
action to avoid collision and be stopped within a distance appropriate to the prevailing
circumstances and conditions.
In determining a safe speed, the following factors shall be among those taken into account:
(a) BBy all vessels:
The state of visibility; The traffic density including concentrations of fishing vessels or any other
vessels; The manageability of the vessel with special reference to stopping distance and turning
ability in the prevailing conditions; At night, the presence of background lights such as from shore
lights or from scatter from her own lights; The state of wind, sea and current, and the proximity of
navigational hazards; The draft in relation to the available depth of water."
Texas Park anciWildlife Department
The Texas Parks and Wildlife Department does not have any regulations on speed limits in
navigable waterways. The following is an excerpt pertaining to "Operation of Your Boat ".
"Operation of Your Boat
It is unlawful for any person to:
Operate at a rate of speed greater than is reasonable and prudent or greater than will permit him to
bring such boat to a stop within the assured clear distance ahead. Operate so as to cause a
hazardous wake or wash. Operate in a circular around fisherman or swimmers.
Moor or attach to any buoy, beacon, light marker, state, flag or other aid to safe operation, or to
move, remove, displace, tamper with, damage or destroy the same. Anchor in the traveled portion of
any river or channel so as to prevent, impede, or interfere with safe passage of any other boat
through the same area. Operate within an area designated as bathing, fishing, swimming, or
otherwise restricted. Operate within designated "no wake" area except at headway speed without
creating a swell or wake."
Odometers on Boats
There is no law that requires any boat to have an odometer, tachometer, GPS or other device to
measure speed on their boat. Due to the size of the engine and the size of boats, speed would vary.
This is the reason there is no speed associated with a "Slow No Wake" zone. Different hull designs
would create different sizes of wakes. The intent is that the water stream behind the boat should not
cause a wake no matter what size the hull or engine might be.
Recommendation:
The Parks and Recreation Department does not recommend a speed limit along Packery Channel.
It would not be enforceable. The City cannot require boaters to have odometers, tachometers, GPS,
etc. The Parks and Recreation Department would recommend placing "Slow: Fishing, Klteboarding
and Windsurfing Area" signs in the area that is not included in the current recommended location for
the "Slow No Wake" zones.
Packery Channel
Ordinance
Sally Gav i.
Director- of Pal k and
Recreation D par-tr i nt
City Council
November 13 2007
Recommendation of Ordinance
• Amending Chapter 12, "Boats, Bays and Waterways,"
ays,"
Article 1 "in general," Section 12-7 "Bathing, Swimming
and Wading prohibited in certain waters," and Section
12-31 "Slow, No Wake Zones" of the code of ordinances,
City of Corpus Christi, to prohibit swimming, bathing and
wading in the navigable channel of Packery Channel and
to establish the portions of Packery Channel adjacent to
developed areas along Packery Channel as a Slur, No
Wake Zone; providing a severability clause; providing a
repealer clause; providing a penalty; providing for
publication.
2
Sec. 12 -7. Bathing, swimming and
wading prohibited in certain waters.
• It shall be unlawful for any person
to go into any of the following
described waters for the purpose
of bathing, swimming or wading:
(5) The navigable waterway of
Packery Channel from the east
side of the John F. Kennedy
Causeway to the end of the jetties
in the Gulf of Mexico.
•
A resident wade fishing at Packery
3
Sec. 12 -31. Slow, No Wake zones
• (a) All man-made canals adjacent to and through residential
developments and the entire width of Packery c annel from the
line between 97 deg. 13 min. 14.037 sec. west, 27 deg. 37 min.
42.48 sec. north and 97 deg. 12 min. 59.069 sec. west, 27 deg. 37
min. 42.409 sec. north, west of the residential development
fronting Packery Channel eastward to the point of intersection of
the Packery Channel Basin and the Packery Channel Canal at a line
extending tween 97 deg. 12 min. 42.48 sec. west, 27 deg. 37
min. 1.74 sec. north and 97 deg. 12 min. 44.904 sec. west, 27 deg.
36 min. 57.404 sec. north and Packery Channel from the eastern
shore of the Intracoastal Waterway at a line extending between 97
deg. 14 min. 19.5 sec. west , 27 deg. 38 min. 26 sec. north and 97
deg. 14 min. 18.075 sec. west, 27 deg. 38 min. 9.472 sec. north
eastward to a line extending between 97 deg. 14 min. 14,13 sec.
west, 27 deg. 38 min. 0.014 sec. north and 97 deg. 14 min. 6.4
sec. west , 27 deg. 38 min. 3.169 sec. north shall be designated
"Slow, No Wake" zones.
4
Public Meetings
• The Parks and Recreation Department held two public meetings in
September; at which time residents were allowed to speak for,
against, or to modify the recommended changes to the current
ordinances.
1st Public Mee1in
Location: Island in t e Son
Date: Sept. 13, 2007
Time: 7pm
Attendance: Over 70 residents
Total number of Speakers: 1
Main Topic: No Wake Zone
# of Speakers FOR: 13
# of Speakers AGAINST:
2nd Public MeQting
Location: Holiday Inn, Sunspree
Date: Set. 2007
Time: {
Attendance: 43 Residents
Total number of speakers: 17
Main Topic: No Wake Zone
# of Speakers FOR: 14
# of Speakers AGAINST:
• Only one speaker was against the "No swimming" in navigable
waterways.
6
Written Comments
• For those unable to participate in the
public meetings, citizens were able to mail
in written comments until Sept. 28tH,
2007.
• 39 written comments were received.
— 37 For the ordinance as recommended
— 2 Against the ordinance
7
Alternative solutions and why we
didn't take them
• Change the entire channel to a No Wake Zone.
- Travel time is the biggest factor why this solution was
not taken. We want to attract boaters not discourage
them.
- The alternative solution took between 38 and 42
minutes to get from the Kennedy Causeway to the
Gulf of Mexico
- The recommended ordinance took between 12 and 18
minutes to get from the Kennedy Causeway to the
Gulf of Mexico
8
Process
• City Council Approval
• Texas Parks and Wildlife
Approval
- Will be advertised in the State
Register for 30 days
• Implementation
- Signage posted
- Enforcement training will begin
scow
WAKE
Page 1 of 3
AN ORDINANCE
AMENDING CHAPTER 12 "BOATS, BAYS AND WATERWAYS,"
ARTICLE 1 "IN GENERAL," SECTION 12- "BATHING, SWIMMING
AND WADING PROHIBITED IN CERTAIN WATERS," AND SECTION
12 -31 "SLOW, NO WAKE ZONES" OF THE CODE OF ORDINANCES,
CITY OF CORPUS CHRISTI, TO PROHIBIT SWIMMING, BATHING AND
WADING IN THE NAVIGABLE CHANNEL OF PACKERY CHANNEL
AND TO ESTABLISH THE PORTIONS OF PACKERY CHANNEL
ADJACENT TO DEVELOPED AREAS ALONG PACKERY CHANNEL
AS A SLOW, NO WAKE ZONE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION
WHEREAS, the use of the navigable channel of Packery Channel by motorized
watercraft create a condition that is not suitable and safe for public swimming, bathing
and wading; and
WHEREAS, the presence of boat ramps into Packery Channel from the Intracoastal
Waterway eastward adjacent to the area developed by boat ramps and commercial
developments and from the eastern end of the Packery Channel basin, east of the State
Highway 361 bridge westward through the residentially developed area adjacent to
Packery Channel pose a risk of collision of vessels and erosion of the shoreline unless
the speed of vessels in the areas is controlled; and
WHEREAS, the City Council has determined that these proposed regulations would
best serve public health, safety, and convenience and the general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 12 "Boats, Bays and Waterways," Article 1 "In General," Section
12-7 "Bathing, swimming and wading prohibited in certain waters" of the Code of
Ordinances is amended to read as follows:
Sec. 124. Bathing, swimming and wading prohibited in certain waters.
It shall be unlaiArful for any person to go into any of the following described
waters for the purpose of bathing, swimming or wading:
*
*
*
(6) The navigable ratenNay of Packers Channel from the east side of the
John F. Kennedy dy Causeway to the end of the betties in the Gulf of Mexico.
*
*
*
H:1LE -DIRl hared\ ary \agenda\ 007111 -1 \ D -Pa l ery C Irannel__no nowake_doc
. e
Page 2 of 3
SECTION 2. Chapter 12 "Boats, Bays and Waterways," Article 1 In General," section
I
12 -31 "Slow, No Wake zones" of the Code of Ordinances is amended to read as
follows:
Sec. 1241. Slow, No Wake zones.
(a) All man -made canals adjacent to and through residential
developments and the entire width of Packery Channel from the line
between 97 deg. 13 ruin. 14.037 sec. west, 27 deg. 37 min. 42.48 sec.
north and 97 deg. 12 min. 59.069 sec. west, 27 deq. 37 min. 42.409 sec.
north, west of adjoining the residential development fronting Packery
Channel eastward to the point of intersection of the Packery Channel
Basin and the Packery Channel Canal at a line extending between 97 de..
r 12 min. 42.48 sec. west 27 de • . 37 min. 1.74 sec. north and 97 de.. 12
min. . 44.904 sec_ r s ;_ _ .. 36 min. 57.404 sec. north a rn P cI r r
Channel from the eastern shore of he Intracoastal Waterwa at a line
extencling_between 97 deg. i4_mJp, _ 19.5 sec. west , 27 de_ . 38 min. 26
sec. north and 97 deg. 14 min. 1 8.075 sec. west ,_27 de.. 38 min. 9.472
sec. north eastward to a line a tendin. between 97 de • . 14 min. 14.13
sec. west, 27 deg. 38 min. 0.014 sec. north and 97 dep. 14 min, 6. 4 sec.
unrest , 27 deq. 3 _r in. 3.1.69 sec. north shall be designated `slow, No
Wake" zones.
SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 5. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1 -6 of the City Code of
Ordinances.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
t.
H:\ LEG -DI \hard\ ryS\ag nda\20 111 -1 \O D -Pa k ry Channel - -no wimnowake.do
Page 3 of 3
That the foregoing o •finance was read for the first time and passed to its second
reading on this the Aday of , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Ell ondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Harr r ell Michael McCutchon
Bill Kelly
APPROVED AND PASSED on this day of , 2007.
ATTEST:
Armando Chapa, City Secretary
APPROVED: ED: November 7, 2007
Gary .
r Smith
Assistant City Attorney
For City Attorney
Henry Garrett, Mayor
H:\ LEG -DIR\ h r dl ry l g nd l 007111 -1 \O D -P c er Channel—noswimnowake,doc
28
INTEROFFICE MEMORANDUM
TO: George K. Noe, City Manager
THROUGH: Robert Nix, Assistant City Manager
FROM: Juan Perales, Jr., Deputy Director of Development Service
SUBJECT: CARS Response, Developer Trust Fund Disbursements
DATE: November 16, 2007
The following Council Action Request was made during the Corpus Christi City Council
meeting of November 13, 200 7: "Re: Eden Lane right of way closure - provide value of
land for vacant property alone and for vacant property including road improvements."
In determining Fair Market Values of real property, staff will review recent land sales in
the immediate vicinity of the proposed action. Fair Market Value will be based on an
average of land values established in these transactions. In the absence of recent land
sale data, staff will use property valuation data from Nueces County Appraisal District
listings. These values will be increased by ten percent for the purposes of calculating
the basic value of the real estate in question. This basic value will then be adjusted to
consider the value of any remaining improvements, or any restrictions remaining on the
use of the property.
In the case of the Eden Lane Street closure, there was no recent land sale data
available for the area in the immediate vicinity. Using data from the Nueces County Tax
Appraisal office, the land value of the properties immediately adjacent to Eden Lane
was determined to be approximately ately $1.50 per square foot. This amount was not
increased based on the condition of the remaining surface improvements, primarily the
existing street pavement. Since the City is retaining utility easement rights on the
property, the calculated Fair Market Value was adjusted by a deductive factor of 50%.
No other adjustment factors were applied.
To illustrate:
Appraised Land Value without improvements = $1.50 per square foot
Increase in value based on remaining improvements: ÷ $0.00 per square foot
= $1.50 per square foot
Discount of value based on retainage of utility easement rights: X 50%
Fair Market Value used for Street Closure = $0.75 per square foot
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
November 13, 2007
a. Public hearing to consider abandoning and vacating a 30,887.54- square foot portion of the
Eden Lane public right-of-way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east
of the McBride Lane street right-of-way, and north of IH 37.
b. Ordinance abandoning and vacating a 30,887.54- square foot portion of the Eden Lane
public right-of-way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of the
McBride Lane street right-of-way, and north of IH 37; subject to compliance with the
specified conditions.
ISSUE: Jaye lina Refinery is requesting to abandon and vacate the public street right-of-way to
better secure the property around the refinery and to restrict access to the area so as to better
prevent unauthorized activities, including the dumping of trash, within the area.
PRIOR COUNCIL ACTION: : February 21, 2006 (Ord. No. 026652) - Council had previously
approved the closure of a 7,21 5 - square foot portion of Eden Lane. The entire public street right-of-
way could not be abandoned and vacated at that time due to ongoing negotiations between Javelina
Refinery and the remaining resident for the purchase of that property.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights -of -way. City Code requires a public hearing prior to the vacating and
abandonment of any street rights -of -way.
RECOMMENDATION: staff recommends approval of the ordinance as presented.
__Wee-4/14
Bob Nix, AICP
ACM of Development services
Attachments:
Exhibit A - Background Information
Exhibit B . Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Javelina Refinery, is requesting the abandonment and vacating of the 30,887.54- square fo tportion
of the Eden Lane public right -of -way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of
the McBride Lane street right of-way, and north of IH 37. The dedicated ROW to be abandoned and
vacated is located in an "1 -2" Light Industrial District. Javelina Refinery will be retaining the entire
30,887.54- square feet of the Eden Lane public right-of-way as a utility easement.
. The said portion of public right-of-way is being abandoned and vacated to better secure the
property around the refinery and to restrict access in the area so as to better prevent unauthorized
activities, including the dumping of trash, within the area.
On February 21, 2006, (Ord, 026652), Council approved the closure of a 7,215-square foot portion
of Eden Lane. At the time, Javelina Refineries was not able to close the entire public street right-of-
way because they were still negotiating the purchase of some property with a remaining resident in
the area. Javelina Refinery will not be using the Eden Lane right-of-way for any vehicular truck
traffic, but will have a chainlink fence across the street right -of -way with a gate and a sign, with a 24
hour emergency number to allow public and private utility companies access to the utilities within the
remaining utility easement for maintenance repairs and as an emergency entrance.
All public and franchised utilities were contacted regarding this closure request. The City Water
Department requires that the owner retain a minimum 15-foot wide utility easement at owner's
expense, for an existing 2 -inch waterline. Gas Department has an existing 2 -inch gas line, on the
northern portion of the Eden Lane right- of-way, and requires that the owner retain a utility easement
at their expense. AEP and AT&T both have aerial overhead distribution cable lines on joint use
poles within the easement and are asking that the owner retain a utility easement for the existing
cable.
Staff recommends that the Owner pay the fair market value of $23,166.00 within 30 days of adoption
of the street closure ordinance for the abandonment and vacating of the 30,887.54- square foot
portion of the Eden Lane street right -of -way. The owner has been advised of and concurs with the
conditions of the right-of-way abandonment.
EXHIBIT A
Page I of 3
AN ORDINANCE
ABANDONING AND VACATING A 30,887.54 -SQUARE E FOOT
PORTION OF THE EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF
LOTS 3, 3A, 4, & 5, EHLERS GARDEN TRACTS, LOCATED EAST OF
THE MCBRIDE LANE STREET RIGHT-OF-WAY, AY, AID NORTH OF 1H37;
SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS
WHEREAS, J v lira Refinery is requesting the abandonment and vacating a
30,887.54- square foot portion of the Eden Lane public right -of -way, out of Lots 3, 3A, 4,
5, Ehlers Garden Tracts, located east of the McBride Lane Street right -of -way, and
north of 1H 37; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easements, subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 30,887.54- square foot portion of the Eden Lane public right -of-
way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts is abandoned and vacated, subject
to Owner's compliance with the conditions specified in Section 2. below. A temporary
utility easement is retained over, under, along, across, and through the abandoned
right -of -way until the existing utilities in each easement are relocated or abandoned.
The plat of the subdivision is recorded in Volume 6, Page 33, Volume 37, Page 124,
and Volume 31, Page 69 of the Map Records of Nueces County, Texas.
SECTION 2. The abandonment and vacation of the above utility easement is
conditioned upon Owner's compliance with the following:
1) That the Owner pay the fair market value of $23,166.00 within 30 days of the
adoption of this street closure ordinance, on a one-time payment basis, for the
abandonment and vacation of a 30,887.54- square foot portion of the Eden Lane
street right -of -way.
2) Owner must retain the entire 30,887.54-square foot portion of the Eden Lane
street right -of -way proposed for closure as a utility easement for the continuous
maintenance of all existing public and private utilities within the right --of -way, by
the appropriate private and public utility companies.
3) No additional vehicular traffic by refinery trucks will be allowed on the Eden Lane
right -of -way, only for utility maintenance nan purposes or as an emergency entrance
or exit.
: \LEG- DIR\Shaced \GaryS \agenda\ 07111- 13\ORD- abandon -va aleJavelinaF fin ry- tilEasement.de
4
)
Page 2 of
Owner will be allowed to construct a chain -link fence with gate across the right-
of-way with a sign and 24 hour e er en y number for utility maintenance
access.
5) The relocation of any existing City or private utilities will be done at owner's
expense.
6) Upon approval from Council and ordinance issued, all grants of street closures
must be recorded in the real property Map Records of Nueces es County, Texas, in
which the property is located. Prior to Building Permit approval of construction,
an up -to -date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
H:ILE -DIF \Shared\ aryS\agenda\2o 111 -1 \OF D- abandon -va ateJavelinaF efinery- UtilEasement.da
Page 3 of
That the foregoing ordi ice was rea for th first time and passed to its second
reading on this the - day , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Priscilla G. Leal A (0Wif
John E. Marez Afrdirrt-
Nelda Martinez
Mike Hummel! SAL Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the day of - -- , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Ell ondo, Sr. Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly
PASSED AND APPROVED, this the day of - x 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: November 7, 2007
By:
G : ry Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
I-1:\ LEG -DI Shared\ ary8 \agenda\ oo7111 -1 1OF D- abandon - aeateJavelina a inery- UtilEa er ent.dee
0
!—
co
I
w
PROPOSED- EDEN LANE
STREET CLOSURE
SITE MAP
GOLDSTON ENCINEERING, INC.
PROJ. NO. 05420-00
DATE: 1
1 10 05
EXHIBIT C
29
AGENDA MEMORANDUM
Date: November 20, 2007
SUBJECT: Corpus Christi Air Quality Research Projects
Environmental Programs
AGENDA ITEM:
a. Briefing on City's Air Quality Program.
b. Resolution authorizing the City Manager or the City Manager's designee, to execute a State
Funded Grant Agreement with the Texas Commission on Environmental Quality in the
amount of $884,600 for air quality planning activities; and
c. Ordinance appropriating $884,600 from the Texas Commission on Environmental Quality in
the No. 1071 Community Improvement Grants Fund for air quality planning activities; and
declaring an emergency; and
d. Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal
Cooperation Agreement with Texas A&M University-Kingsville in the amount of $450,000 for
an air quality research and planning program, which includes air quality monitoring and
modeling projects, and development of an emissions inventory for the Nueces and San
Patricio Counties area; and
e. Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal
Cooperation Agreement with Texas A&M University - Corpus Christi in the amount of
$345,000 for the Pollution Prevention Partnership and educational outreach program, which
includes small business assistance and public education on pollution prevention and air
quality in Nueces and San Patricio Counties.
ISSUE: The City of Corpus Christi has been offered an $8846O0 grant from the Texas
Commission on Environmental Quality (TCEQ) for the purpose of continuing the conduct of air
quality research, planning, and small business assistance projects in Nueces and San Patricio
Counties in FY 2008/2009. The grant is to be utilized for these projects to maintain compliance
with federal air quality standards. Texas A&M University- Kingsville (TAMU-K) is seeking a
subcontract to perform portions of the project work plan related to air quality research and
planning. Texas A&M University-Corpus Christi (TA MU-CC) is seeking a subcontract to perform
portions of the project work related to pollution prevention, small business assistance, and
educational outreach.
FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of $884,600 to
fund air quality research and small business assistance projects in Nueces and San Patricio
Counties. The grant will fund the subcontracts with TA 1U -CC and TAMU -K.
RECOMMENDATION: Staff recommends approval of the resolutions and ordinance as
presented.
ngel R. Escobar
Interim Assistant City Manager
Public Works and Utilities
Attachments:
1. Briefing Materials
2. Summary of TCEQ Contract and Inter local Agreements
3. Summary of significant prior Council Action
BACKGROUND INFORMATION
Subject: Corpus Christi Ozone Near Non - Attainment Area Research Study
Project Description: The TCEQ is again providing grant funding to Texas cities nearing
non - attainment of the National Ambient Air Quality Standards (NAAQS) for ozone. The
City is acting as the prime contractor with TCEQ and will subcontract the research
portion of the work to Texas A&M University- Kingsville TAM S . Texas A&M
l
University - Corpus Christi (TAMUCC) will subcontract with the City for continuation of a
program in pollution prevention for small business and public education for air quality in
Nueces and San Patricio Counties. These subcontracts will be funded through the
TCEQ grant, and are a continuation of currently ongoing projects.
The TCEQ is funding these programs in Corpus Christi with Appropriation Rider 8 to the
FY 2008/2009 TCEQ Budget. The university subcontracts were developed from work
plans and detailed budgets defining the project work that were approved by TCEQ.
The region is very close to violating the 8 -Hour National Ambient Air Quality Standard
(NAAQS) for ozone. The research work currently underway and to be continued through
this contract is serving to identify emissions sources and the atmospheric chemistry
leading to ozone formation in the area. Photochemical Modeling is used to identify
reduction strategies appropriate for the area based on good science.
The program began in F/Y 1996/1997 under a similar Appropriations Rider (Rider 26)
and execution of a Flexible Attainment Region Agreement between the U.S.
Environmental Protection Agency (EPA), TCEQ, and the City. The program continued
through subsequent budget cycles and is active today. The current contract was
extended by amendment to August 31, 2008. This grant contract and pair of interlocal
agreements will extend the program to August 31, 2009.
A newsy signed 8 -hour 03Flex Agreement provides for local programs to be developed
utilizing the information gained through these programs should the area be in violation of
the current or any new standard. Should the area be designated non-attainment, the
sanctions imposed by EPA would be very detrimental to future economic development of
the region. It could also result in loss of federal highway funds until EPA approves
prescribed planning for regaining attainment status.
$89,600 is retained by the City to fund administrative expenses associated with the
staffing and administrative needs of the Air Quality Committee, and administrative
oversight incurred in managing the project work funded by the grants.
Prior Council Action: Similar project funding grants from TCEQ have been used in
prior years to carry out the necessary research and outreach activities that have been
instrumental in maintaining our attainment status to date. Previous significant Council
Action is summarized ed in Attachment 3.
Future Council Action: Approval of subcontracts for greater than $50,000 for FY2 08-
209.
CORPUS CHRISTI AIR QUALITY STATISTICS
SELECTED GROWTH INDICATORS
NUECES AND SAN PATRICIO COUNTIES
POPULATION - - VEHICLES REGISTERED - - DAILY VEHICLE MILES
400,000 _ _r 9,000 000
350,000 4
300,000
250,000
04
. ..
a
4.
ma
.
. me
O.
•
9
•
9
9
9
✓
- 9 9
9 9
rt 5,000 , 000
•
4. lia 1•
9
9
9
9
am
9
9
I
1
•
9
T 8,000 000
1
7,000 000
•
. 9 - 6,000,000
9
- - - -- -1 1 - 4,000,000
q)( b 4 t 4b 0 ci.‘ cfs CIN CI 6'5
MCP
0 0 I %Cb 411 0 Nc3 1f l' v
Source:
TxDot
ATTACHMENT #1
Page 1_ of 2 __
CORPUS CHRISTI FOUR HIGHEST OZONE DAYS
TCEQ MONITOR C4 (902 Airport Blvd)
1998 1999 2000 2001 2002 2003 2004 2005
ANNUAL FOUR HIGHEST DAILY MAXIIMUM 8-HOUR AVERAGE OZONE LEVELS
2006
2007
ATTACHMENT # 1
PAGE 2 of 2
SUMMARY
GRANT CO TI ACT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Contract Provision — TCEQ Contract No. 582 -8 -86230 provides $884,600 in grant funding for
air quality research and planning in the Corpus Christi area for the FY 2008/2009 Biennium.
Responsibilities of Contractor - Develop work plans and project budgets in collaboration
with Texas A &M University-Corpus Christi and Texas A&M University - Kingsville to:
• Conduct monitoring of current air pollution levels.
• Continue development of an area emissions inventory.
• Conduct air quality analysis and modeling of atmospheric ozone formation.
• Analyze emission reduction strategies and cost/benefit analysis.
• Provide small business support.
1 Administer and manage the project work subcontracted.
• Provide reports and conference calls regarding progress as required by the TCEQ.
Payment - Payments shall not exceed a total of $884,600 for the term of the contract. The
payment shall not exceed $442,300 for FY 2008.
Term — The contract terminates on August 81, 2009 unless the Texas Legislature provides
TCEQ the authority to arry forward money into the FY 2010 -2011 biennium.
ATTACHMENT
PAGE 1 of
SUMMARY
INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS AMA UNIVERSITY CORPUS CHRISTI
FOR POLLUTION PREVENTION PARTNERSHIP
AND EDUCATIONAL OUTREACH PROGRAM
(CORPUS CHRISTI OZONE NEAR NON - ATTAINMENT AREA SMALL BUSINESS
ASSISTANCE AND PUBLIC EDUCATION
ON POLLUTION PREVENTION AND AIR QUALITY)
Subcontract Provision - Texas A&M University- Corpus Christi TAMU-CC) will receive
continued funding for the Pollution Prevention Partnership program begun under the original
Inter local Agreement executed in 1998. Print shops, wood refinishers, industrial surface
coaters, gasoline retailers, auto body shops, and other small business sectors received
pollution prevention assistance under the original and subsequent agreements. This
amendment will allow expansion of those efforts to operators of on and off -road mobile
sources. It will also provide for follow -up assistance to the businesses currently participating
in the program.
Pre and post surveys were implemented for those businesses participating to quantify
emissions reductions, which have been realized as a result of the program. These surveys
have been coordinated with other on -going emissions inventory work as part of associated
project work.
TAMUCC also conducts public education and outreach programs as outlined in the Work
Plan approved by TCEQ. TAM -CC operates a remote vehicle emissions sensing system
(AutoCheck) to detect high emitting vehicles and offers repair assistance on emissions
control systems. This service is voluntary and offered to the public at various community
events and activities.
Responsibilities of Subcontractor - TA 1U -CC will extend the small business outreach to
additional small business categories in addition to those that received pollution prevention
guidance under the previous subcontracts. This extension represents a continuation of
currently on -going projects. Pre and post program surveys will be implemented to establish a
measurable emission rate prior to voluntary efforts being established, and after to produce
definable, measurable emission reductions through voluntary efforts recommended in the
program.
Payment - Payment to TAMU -CC will be on a cost - reimbursement basis. TAMU -CC will
document costs as required by TCEQ. The payment shall not exceed $1 72,500 for FY 200 8.
Term - The contract terminates on August 31, 2009 unless the Texas Legislature provides
TCEQ the authority to carry forward money into the FY 2010 -2011 biennium.
ATTACHMENT #2
PAGE 2 of 3
SUMMARY
INTER LOCAL CAL C OPEI ATIOI AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND TEXAS AMA UNIVERSITY SITY KIN SVILLE
FOR AIR UALITY RESEARCH AND PLANNING PROGRAM
(CORPUS CHRISTI OZONE NEAR NON-ATTAINMENT AREA RESEARCH STUDY)
Subcontract Provision - Texas Ali University - Kingsville (TAMU-K) will conduct air
quality monitoring, continue the refinement of an emissions inventory, perform
photochemical modeling of ozone formation, and produce an analysis of the results in
Nueces and San Patricio Counties.
Responsibilities of Subcontractor - TAMU-K, as subcontractor, will provide the City
of Corpus Christi with the following deliverables:
• Monthly status report for each project outlined in the work plan;
• Final report on ambient air monitoring for ozone and fine particulates due August 31,
2009;
• Final report on air quality data analysis due August 31, 2009;
• Final emissions inventory report due August 31, 2009; and
• Final modeling report due August 31, 2009.
The due dates for the required reports are subject to change based on contract
extensions granted by TCEQ to the grant contract with the City.
Payment Payment to TAMUK will be monthly on a cost reimbursement basis.
TAMUK will document costs as required by TCEQ. Payment shall not exceed $225,000
for FY 2008.
Term - The contract terminates on August 31, 2009 unless the Texas Legislature
provides TCEQ the authority to carry forward money into the FY 2010 -2011 biennium.
ATTACHMENT #2
PAGE of 3
SUMMARY
PRIOR COUNCIL ACTION
1. February 1 ,'998 — Motion No. 023208 authorizing the City Manager, or his designee, to
execute a Rider 17 Interlocal Contract with the TNRCC in the amount of $283,750 for Air
Quality Planning Activities in Nueces and San Patricio Counties.
2. April_2 , 1 998 - Ord. No. 023298 appropriating $283,750 in the No. 1050 Federal /State
Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties.
3. April 28, 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to execute
an Interlocal Agreement with TAM -CC in the amount of $70000 for air quality planning
activities in Nueces and San Patricio Counties,
4. May 11, 1999 — Ord. No. 023634 appropriating $167,000 in supplemental funding from
TNRCC to continue research and outreach activities through Texas A&M University
Kingsville and Corpus Christi to address issues related to attainment with the federal ozone
and particulate standards.
5. March 28, W — Ord. No. 023989 appropriating $30,000 of Appropriation Rider 13 grant
funds from the TNRCC for work plan development of air quality research and planning
projects and motions authorizing the City Manager or his designee to execute contracts with
Texas A &M University at Corpus Christi and Kingsville to produce those work plans.
6. August 22, 2000 — Ord. No. 024170 appropriating $465,075 of Appropriation Rider 13 grant
funds from the TNRCC to continue air quality research and planning projects, and motions
authorizing the City Manager or his designee to execute contracts with Texas A &M
University at Corpus Christi and Kingsville addressing issues related to attainment of the
federal ozone and particulate standards.
7. July 17, 2001 — Ord. No. 024498 a ppropriating $161 ,000 in additional Rider 13 funding for
FY 2000/2001 for continuation of the air quality research and planning projects underway
with TAMUCC and TAMUK, and extending the contract period to August 31, 2002.
8. ►u t 28, 2oo_a— Ord. No. 025437 Appropriating $884600 of Appropriation Rider 8 grant
funds from the TCEQ to continue air quality research and planning projects, and motions
authorizing the City Manager or his designee to execute Interlocal Agreements with Texas
A&M University at Corpus Christi and Kingsville addressing issues related to attainment of
the federal ozone standards.
9. December 13, 2005 — Ord. No. 026555 Appropriating $884600 of Appropriation Rider
grant funds from the TCEQ to continue air quality research and planning projects, and
motions authorizing the City Manager or his designee to execute Interlocal Agreements with
Texas A&M University at Corpus Christi and Kingsville addressing issues related to
attainment of the federal ozone standards.
ATTACHMENT #3
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR THE CITY
MANAGER'S DESIGNEE TO EXECUTE A STATE FUNDED
GRANT AGREEMENT WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY IN THE AMOUNT OF $884,600
FOR AIR QUALITY PLANNING ACTIVITIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION . That the City Manager or his designee is authorized to execute and
take all further actions to accept a State Funded Grant Agreement with the Texas
Commission on Environmental Quality in the amount of $884,600 for air quality
planning activities in Nueces and San Patricio Counties for FY 2008/2009.
CITY OF CORPUS CHRISTI
ATTEST:
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM: November 14, 2007
G . Smith
Assistant City Attorney
For the City Attorney
1 MI nrn► 1 - nRAs -2uth ran amt -TCE •dO
Page2of2
Corpus Christi, Texas
of 2007
0
The above resolution was passed by the following vote:
Henry Garrett .
Melody Cooper -- -
Larry Eli ondo, Sr.
Mike Hummel' ---_
Bill Kelly - -
Priscilla G. Leal
John E. fare
Nelda Martinez-- -
Michael llcC uth on
is \LE -DIR\ h red\ ary \agenda\ OO7\11- 0\ es -aath rantAgrnt -T E .dO
Page 1 of 2
AN ORDINANCE
APPROPRIATING I1 TIN $884,600 FROM THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY IN THE NO. 1071 COMMUNITY
ENRICHMENT FUND FOR AIR QUALITY PLANNING ACTIVITIES; AND
DECLARING ING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $884,600 is appropriated from the Texas Commission on
Environmental Quality in the No. 1071 Community Enrichment Fund for air quality
planning activities.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the (need for
immediate action necessary for the efficient and effective administration of City affairs
r
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 20th of November, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: November 14, 2007
By: .. I
Ga W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
11 ALEG-D11=AS hared \Gary \agenda\ OO7\11- O \OFD- approp rant -T EQ.do
Page 2 of 2
Corpus Christi, Texas
_.. Day of -- - -- - a 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rue as to consideration and
voting upon ordinances at two regular meetings: lire, 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, Respecffully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\ LEG -DI Shared\ ary lagenda\20 -20\ORD-appropGrant-TCEQ.doc
.do
Page 1 of
A RESOLUTION
AUTHORIZING THE D1TY MANAGER OR THE CITY
MANAGER'S DESIGNEE TO EXECUTE AN 11 TERL CAL
COOPERATION AGREEMENT WITH TEXAS A &M lNI ERS1TY-
KINGSVILLE IN THE AMOUNT OF $450,000 FOR AN AIR
QUALITY RESEARCH AND PLANNING PROGRAM, WHICH
INCLUDES AIR QUALITY MONITORING AND MODELING
PROJECTS, AND DEVELOPMENT OF AN EMISSIONS
INVENTORY TORY FOR THE NUECES AND SAN PATRICIO
COUNTIES AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute an
interlocal Cooperation Agreement with Texas ABM University-Kingsville in the
amount of $450,000 for n air lity re ear l arnd plannng program, h h
o quality
air quality monitoring and modeling projects, and development of an
ions inventory for the Nueces and San Patricio Counties area for FY
ern ��� r
2008/2009.
ATTEST.
Armando Chaps
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
APPROVED AS TO FORM: November 14, 2007
Jrilc
Gaiy 1. Smith
Assistant City Attorney
For the City Attorney
H:1LE - IR \Shared\ ar \ Benda 2O07\11 -2011 e - autlrrinterlooalAgrn -A- NIA -I in s rille.dee
Page 2 of 2
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper -
Larry Elizondo, Sr. --
Mike Hummell
Bill Kelly
Priscilla G. Leal -.
John E. Marez
Nelda Martinez
Michael M Gut hon
I \LE -DIR\ hared\ ary l g nda\ OO7\1'I- O \F e - authlnt rlo aIA mt -A- 1 -Kings ille.d o
Pagel of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR THE CITY
MANAGER'S DESIGNEE TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH TEXAS AMA UNIVERSITY-
CORPUS CHRISTI IN THE AMOUNT OF $346,000 FOR
POLLUTION PREVENTION PARTNERSHIP AND
EDUCATIONAL OUTREACH PROGRAM, WHICH INCLUDES
SMALL BUSINESS ASSISTANCE AND PUBLIC EDUCATION
ON POLLUTION PREVENTION EI TION AND AIR QUALITY IN NUECES
AND SAN PATRICIO COUNTIES
BE IT
RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute an
lnterlocal Cooperation Agreement with Texas ABM University- Corpus Christi in
amount of $345000 for ollution r vention partnership and educational
the arno
outreach program, which includes small business assistance and public
education on pollution prevention and air quality in Nuns and San Patricio
Counties area for FY 2008/2009.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM: November r ber 14, 2007
G # r W . Smith
Assistant City Attorney
For the City Attorney
H:1 LEG -DIR\ h red\ ary \a end \2007 \l 1- O\ Res- authlnterlo al gmt -A -M- orpu .do
Page 2 of
Corpus Christi, Texas
of -- a 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike e H m r e l'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:\LE -DIR\ h red\ ry lagenda12 07 \11- 0 \I e - authlnt rlooalAgmt -A -M- orpu .dO
30
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 20, 2007
AGENDA ITEM: Resolution requesting Mayor Henry Garrett to send a letter of intent to
the Texas General Land Office for the funding of the importance of beach cleanup;
directing the City Secretary to send a certified copy of the resolution to the Texas
General Land Office; providing for findings of fact and providing for an effective date.
ISSUE: A comprehensive program is needed to study the methods of cleaning beaches to
remove trash and excessive jetsam such as sargassum on Texas beaches. Funding for
local government, made on an equitable basis, needs to address the problems of coastal
erosion through study, planning, and implementation of improved practices, methods and
equipment practices for sound beach maintenance.
REQUIRED UIF E COUNCIL ACTION: City Council must approve sending a letter of intent
for this support.
CONCLUSION AND RECOMMENDATION: Staff recommends resolution to be
passed.
Sally G
Parks a
ik,
Recreation
BACKGROUND INFORMATION
The Galveston Park board of Trustees, who oversees the beaches for the City of
Galveston, wrote a resolution that covers the trash Inter that was adopted by the City of
Galveston. The Galveston Park Board conducted a teleconference with cities and
agencies and requested that Coastal cities adopt the resolution or something similar to
it. Several cities have already adopted the resolution, including South Padre Island.
The Galveston Park Board met with the Texas Chapter of the American Beach and
Shore Preservation Association and it was agreed that it would be mentioned at the
GLO conference in Galveston October 2007.
Page 1 of 3
RESOLUTION
REQUESTING MAYOR HENRY GARRETT TO SEND A LETTER
OF INTENT TO THE TEXAS GENERAL LAND OFFICE FOR THE
FUNDING OF THE IMPORTANCE OF BEACH CLEANUP;
DIRECTING THE CITY SECRETARY TO SEND A CERTIFIED
COPY OF THE RESOLUTION TO THE TEXAS GENERAL LAND
OFFICE; PROVIDING FOR FINDINGS OF FACT AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, six million visitors or more annually come to enjoy Texas beaches; and
WHEREAS, many of these visitors are less than courteous with the disposition of their
trash and debris; and
WHEREAS, the
result of this unkindly disposition of visitor waste is several tons of
garbage and debris
being washed into Texas coastal waterways and wetlands, as well
as Texas Waterways and Drainage Systems annually; and
i of Corpus Christi has collected and disposed the City d of 143.34 tons, which �
converts
316,007 pounds of trash and debris from Corpus Christi beaches; and
WHEREAS, the removal of trash and debris costs $81 O 224. O per year; and
WHEREAS, alb visitors, public education is the most effective means of "getting the message out"
to .S. to that Texas wants to provide clean beaches for their enjoyment; visitors,
WHEREAS,
coastal communities throughout Texas must provide safe and sanitary
and Drainage Systems to the citizens of our Great State, as well as its
Waterways y
migratory wildlife and its visitors; and
WHEREAS, AS the Texas General Land Office advertises and 'Di-annually conducts an
"Adopt a Beach" program; and
WHEREAS local funding for such a comprehensive educational program is not
available due to the demand to "clean the beaches "; and
WHEREAS, the Corpus Christi City Council finds it in the best interests of this
t a resolution requesting Mayor Henry Garrett to send a letter of
community to adopt �
intent to the Texas General Land Office on the importance of funding for a
comprehensive educational program to keep our beaches clean;
NOW, THEREFORE, BE IT RESOLVED BY THE cirif COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
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Page 2 of 3
SECTION
1. The findings and recitations set out in the preamble to this Resolution are
found to be true
and correct and are hereby adopted by the City council and made a
part hereof for all purposes.
SECTION The Cit y council of the City of Corpus Christi, Texas, hereby recognizes
the need for a conn rehen ive educational program for cleaning the beaches of trash
and debris, and
urges all citizens of the City to recognize and participate in this special
observance.
SECTION
3. The City Council of the City of Corpus Christi, Texas, hereby directs the
send a certified copy of this Resolution to the Texas General Land
City Secretary to �
Office.
SECTION 5. This Resolution shall be and become effective from and after its adoption.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: November 14, 2007
" � F
ary ---. Smith
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
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Page 3 of 3
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
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31
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Briefing on Bond 2008 process
STAFF PRESENTER(S):
Name Title /Position
1. George K. Noe City Manager
2.
3.
OUTSIDE PRESENTER(S):
Name
1. None
2.
3.
TitIe/Positio Organization
REQUIRED COUNCIL ACTION: None
PowerPoint
Supplemental Information
0
eorge K. Noe
City Manager
Bond 2008
Key Policy Issues
• Process for Proposition Development
• Financing Plan and Size
• Funding Cost of Utility Relocations and
Upgrades
1
Process
2000 and 2004 Bond Process
• Staff with Council input develops list of
potential projects for consideration
• Staff presents Financial Plan (size, timing,
tax rate issues, etc.) for Council adoption
• Iterative process between staff and
Council to prepare proposed package
• Citizen input solicited on Proposal
• Package finalized and adopted
• Process takes around 6 months
2
Overall Schedule
BOND 2008 TIME LINE
Project Development
Departmental Call Later
Eng;neering Recommendations
Departrnental Priority Lasts
Validation by Deparnent
Submit to Engineering
Engineering Recommendations
resent to Asst City Managers
Dec Jan Feb Mar Apr May Jun Jut Aug
Oct Nov
Sco Development
NE Advertisement
NE Selection
Validation of Scope
Validation of Estimates
Presentation of Recommendations
Council Interaction
Brief Bond Timeline
Provide Staff Recommendations
Council Debate/Pubic Meetings
Receive Council Recommends
Develop Pre -Final List
Brief Council
Develop final List
--____ --
z k� Elm II
III I 11111111
3
Nov Oec Feb Apr iAug Oct Nov Oec
•11..111111111..11..111111..
Public Meetings on Proposed ■
Interface with Coundl •.....•_•••u
Receipt of Council _Recommend
Public Meetings on Vote 1/11111111;,111111111 Pudic Meetirgs an final List
..1111.111111111
.....
MI ..._• EMI
• ••mu•u.
Start awed of initial design contracts •••••••U••
Public Advertising
Public Vole
Post Approval
Develop Prect Sequencing
Establishing Finance Plan
Bond Categories
• Propositions listed in categories of use
— Streets, Parks, Libraries, Public Safety, Health, Economic
Development, etc.
• Bond 2000 Breakdown
— Streets 67.5%
— Parks and Museum 15.2%
— Health and Public Safety 17.3%
• Bond 2004 Breakdown
n
— Streets 71.9%
— Public Health and Safety 2%
— Public Facilities 6%
- Parks and Recreation 7.8%
— " Bayfront Master Plan 12.3%
4
Financing Plan
Financing Plan Assumptions
• Assume Bond Elections on 4 year cycles (200 8, 2012,
2016)
• Assume level Debt Service Tax Rate
• Bond Issue Limits:
Fiscal Year
Amount
Debt Service Tax
Rat 100
2008
$153,400,000
.1992
2012
$138,825,000
.1992
2016
$143,685,000
.1992
Source: e: M. . Allison & Co. , Inc.
5
Utility Costs
L_ _
Funding for Utility Relocations and
Upgrades
• 2000 and 2004 — Utilities paid for all utility costs
• For Street Projects, Utilities represented 7:1
match
• Alternatives include all or a portion of Utility
relocation to be funded from GO bonds
• Impact is fewer projects but less pressure on
Utility rate increases
6
Status
• Staif is developing 2008 CIP which is
foundation for project candidate list
• Contracts with firms to scope and estimate
are being prepared for Council
consideration
• Need outreach for any "new projects" from
public
• Tour?
Questions, Discussion,
Direction
7
32
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Development of Low Income Utility Program
STAFF PRESENTER(S):
Name
1. Cindy O'Brien
2. Michael Barrera
3. Terry Cha a
Title/Position
Director of Financial Services
Assistant Director of Financial Servi
Development of Low
Income
Utility Program
November 20, 2007
Objective of Low Income
Utility Program
• Provide very 1owincome customers with a basic
level of service at a lower cost.
• Minimize impact on other customers who will
be subsidizing the program.
• Minimize administrative burden on the City.
• Deter abuse of program.
1
1
Justification For Low Income Programs
That Target a Group of Customers
When customers have trouble paying their bills:
• Cost to City manifests in increased arrearages, late
payments, disconnection notices, and service
terminations
• Increase in collection costs and bad debt write -offs
increase all other customers bills
Offering an affordability pmgmm to low income
customers may help mediate the losses to other
customers caused from non - payment of bills
2
Steps to Develop Program
• Hew many of our customers are Iow income?
• How much of a subsidy will be offered?
• What method will we utilize?
• Who will absorb the costs of the subsidy?
• How will eligibility be determined?
3
2
2007 Federal Poverty Guidelines
U.S. Dept of Health & Human Services
100% Povetty Level
# of Persons /Fay
Annual
Income
Monthly
Income
1
$10,210
$851
2
$13,690
$1,141
3
$17,170
$1,431
4
;!!r.
$1,721
°�
1
$24,130
$2,011
Average Corpus Christi Household Size = 3
Source : 2000 U.S. Census Bureau
4
Per American 75% of U households are billed directly for water or wastewater
Water Works 47 % of US households with income less than $20,000 are billed
Association directly for water or wastewater
(AWWA)
Estimated # Households At/Below
100% Federal Poverty Guidelines
5
3
Total
Low Income
Estimated Flo of
households billed for
utilities that may be
eligible
Families In Corpus
Christi (2000 Census)
70,833
9,995
Percent billed directly
for utilities
75%
47%
# of families billed
directly for utilities
5 125
°�
1
3
Proposed Eligibility
Based on 2000 Census Data & American Water Works s Association (AWWA)
guidelines, it is estimated that 8.8% of residential utility account holders
are at or below 100% of Federal Poverty Guidelines.
rotiilitsiikntial _Customers as of Estimated # Eligible Customers_ ( °o
ctoberZ
Water Customers 77,787
Waste Water Customers 74,809
Gas Customers 51,720
Solid Waste Custom's 74,487
Water Customers 6,878
Waste Water Customers 6,615
Gas Customers 4,573
Solid Waste Customers 6,587 6
Assessment of Need
Median Income for Corpus Chtisti is $36,262 (us. Census Bureau in 2C06 adjusted dolim)
Average Monthly Utility Bill (Cost of Service only) $88.86
Average Cost of Service Charges represents 2.9% of Median Income
Service
Community
Average
Monthly Use
Cast of Pass - through
Service charges (not
Charges discounted)
Total with
Pass - through
charges
Water
Wastewater
Gas '
Solid Waste
7,000 gallons
$20.74 Raw Water $6.21
6,000 gallons
$32.52
3 MCA
$20.65
PGA' $21.15
1 month
$14.95
Total
$88.86
$2736
$26.95
$32.52
$41.80
$14.95
$116.22
*PGA = Purchase Gas Adjustment calculated monthly)
**Taxes &Fees not included
7
Assessment of Need
Average Corpus Christi Family Size: 3 (Census 2000)
Pauly Size Federal Poverty Utility bill at Monthly Subsidized
# of persons Level Income current rates subsidy bill
conservative use recommended (2.9% of income)
3 $ 17,170 $62.25* $20.75 41.49
*Costs exclude pass - through charge
Service
ruw
Conservative Use
'Cost at current
rates
Water (min2)
3,000
$10.23
Wastewater (min 2
3,000
$21.62
Gas min 1 )
2 M
$15.46
Solid Waste
1 month
$14.95
Total
$62/5
8
Types of Programs
■ Lifeline Rate - No qualifying, increase in water and
wastewater minimum consumption.
• Discount on Entire Bill - Percentage discount on all
c es. - Not recommended due to excessive
administrative burden.
• Flat Rate Discount - Specific dollar amount discount for
each service.
• Changes /Caps on Minimums for Qualified Households.
9
5
Feasible Program Options
All estimates based on best information available
Program
Features
Administrative
Burden
Average
Monthly
Subsidy
Estimated
Cost to
Other
Pros
Cons
Lifeline Rote kr
a cuolownsie
*3.000 i 5 1 ..
In Water
minimum —
take volurne
' 20%
in Wei minimum *34000 r ..
�1,�,,�
None
Al
A4 community
mime rise.
DECREASE
1.00
At con.goth
use:
DECREASE
/�Customers
Cost bans by
, customers Haire
' more than the
community
average band
Noir use-
Exempla.;
10.000 gal
y �y
; Ms bill
• , need to wally
=Veneers
• No COST to
tausbon uarYO
willnunity e
;yam 1.,.,� +,�
Provides lees Io
law inoarns toms's
Fiat Rate
Disoour
for Quailed
Households
$3.60 Water
$7.11° V6114
Se.®Gam
$5.76 Solid
Waste
,
Screen customers
i & maintain their
' &Mu
I
Add customer data
to Wing system
with different min
charges
#20.96 far sny
WM of use
52.30
"Easy to understood
& exptein
sEnaaursges
ecinservark.n
situ* Modble to
adjust Wei of
subsidy
Maya la qualify
customers
More administrative
burden
Cl rgea in ..aster
& qes 'minimum,
cap on WW
consenption
Wed
ke OusiCed
Flo4tseholds
`Include 5.000 '
in weer
minimum
`SW no more
then 3,030 gals
on MN
•Inckids 2 MCP
in pea mirenUm
Screen customers
& maintain their
status
Add customer doss
to billing B stem
Viith different min
Charge*
At Go+xrrrr,tr ity
overage we,
$ #9.73
At conservetiwe
use $8,81
$2.26 rnesinum
Predidlable bit
Have to quality
customers
Lose sores wive
to conserve water
during winter an
mo,nthq and gee el
Ye.
10
Programs Offered in Other Cities
San Antonio, TX - Low income - Fiat rate discount $3.80 on water 8c wastewater.
San Marcos, 'I - Low income fr rate structure -- 8,000 gallons in water minimum; r is
capped at minimum and cannot exceed 8,000 gallon
Portland, OR - Low income discount 40%; once a year crisis voucher of $150; plumbing fixture
reparl; goodwill adjustments and write offs; payment plans
Laredo, - Utility bill due date flexibility (extensions)
Seattle, WA - Senior- Citizen /Disabled or Low income - 0° discount on all services
Georgetown, , T - Low income - Flat rate discount on wastewater only
Lacey, WA - Senior Citizen /Low income # 50% discount on water, wastewater, &storm water
Columbia MO - Low income /Fixed income -- Inverted block rate structure; proactive teaching
conservation; considering Rental Property Standards.
Tucson, AZ - Low income - Flat rye discount monthly on Solid Waste only and forgive
entire bill no more than 2 times per fiscal year.
11
s
Implementation and Administration
Cwrently working with Department of Human Services (DHS) to
include our initial screening as part of their normal process. Also
contacting Nueces County Community Action Agency and
Catholic Charities to see if they can assist with initial screening.
The Utility Business Office would be responsible for annual re-
screening.
Tempotacy assistance of 3 months could be granted to those with
sudden extraordinary circumstances but not meeting the Federal
Poverty Guidelines.
12
Additional Considerations
Low Income Conservation Program (free low-flow shower heads, low flow toilet
rebates)
Develop Emergency Repair Program — For gas and water leaks
Arrearage Forgiveness — Reduce customers past due amount if they meet certain
criteria such as usage reduction or timely payment 10 off past due amount
each time a new bill is paid on time). Have to get on payment plan and comply for a
year.
Actively refer customers to Low Income Heating 8c Energy Assistance Program
(LJHEAP) offered through a Federal Grant Program
Actively refer- customers to Heat Help Program sponsored by the Qty of Corpus
Christi Gas Department
13
Summary
• Estimated 8.8 °/a of Households eligible
• Estimated 6,700 Water /Waste Water /Solid
Waste Customers and 4,500 Gas Customers
eligible
• Estimated Residential Subsidy = $20.75 /month
or $249 per year (Fiat Rate Program)
• Estimated additional cost to other Residential
Customers = $2.30 /month or $27.60 /year
14
Next Steps
• Council provide direction on which option
to pursue
• Draft Ordinance
• Adopt program and implement at same
time Council implements new water rates
in conjunction with Water Rate Study
15
8