HomeMy WebLinkAboutAgenda Packet City Council - 01/29/2008CITY COUNCIL AGENDA
JANUARY 29, 2008
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11:45 A.M. — Proclamation declaring the week of January 28 — February 1 as "Health Occupations
Students of America Week"
Commendations honoring "Acts of Kindness for Abel Alonzo"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY MALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
JANUARY 29, 2008
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED D PAGERS ARE
PROHIBITED D IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concilio y tree que sir ingles es Iimitado, habra un lnt rprete in / s -es ar of en todas l s juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361- 826 -3105) at least 43 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be iven by Reverend Francisco Campos, Kelsey Memorial United
Methodist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper
Council Men ber
Larry Elizondo, Sr. City Manager George K. Noe
Mike H m rll _ City Attorney Mary Kay Fischer
Bill Kell y City Secretary Armando Chapa
Priscilla G. Leal
Michael McCutchon
John E. Marez
Nelda Martinez
E. MINUTES:
1. rov l of Regular Meeting of January 5, 2008. (Attachment 1)
� g
Agenda
Regular Council Meeting
January 29, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE PP II TMEN (NONE)
G. EXPLANATION COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; 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. cIT MANAGER'S GER' REPORT
Upcoming Items
1. CONSENT AGENDA
Notice to the Public
The following items are ofa routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
item items Member or a citizen, in which event the rem or tems will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiting separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTI N% RESOLUTIONS ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
2. Motion approving the purchase of traffic signal equipment from
Texas Highway Products, LTD, of Round Rock, Texas, in
accordance with Bid Invitation No. BI-0067-08 based on low bid
for a total amount of $98,034. Funds have been budgeted by the
Street Department in FY 2007-2008. -2008. Attachment # 2)
Agenda
Regular Council Meeting
January 29, 2008
Page 3
CITY COUNCIL
PRIORITY 1TY 1SS ES
(Refer to legend at the end of the
agenda summary)
3. Motion approving n rovin a service agreement with Ridgways of corpus
' Texas, for blueprinting service in accordance with Bid
Christi, Te g
Invitation
No. B1-0002-08, based on low bid for an estimated
annual expenditure of$10 ,000 of which $535O0 is required for
the remain der of FY 200 7-2008. The term of the agreement will
be for twelve months with an option to extend for up to two
additional twelve month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have
d eted by the using departments in FY 2007-2008.
been bug g
(Attachment # 3)
4. Resolution authorizing the submission of a grant application in
g
the amount of $92,701 to the State of Texas, Criminal Justice
.. for Year 9 funding available under the Victims of Crime
Division g
Act (VOCA) Fund for the Police Department's Family Violence
Unit ' h a City match of $15,724 and $3,200 in -kind services
ri irr the City Manager or his designee to apply for,
and authorizing y g
accep, reject, ct alter, or terminate the grant. (Attachment # 4) ion authorizing the City Manager or his designee to
5.a. Fesolut g
accept
grant from the Texas Department of Public Safety
Governor's Division of Emergency Management, in the amount
of$9000 for hazardous materials emergency preparedness
,
planning
activities, in the No. 1062 Fire Grants Fund.
(Attachment# 5)
' appropriating $9,000 from the Texas Department of
b. Ordinance app 0
Public Safety, Governor's Division of Emergency Management,
Hazardous Materials Emergency Preparedness Grant Program
in the No. 1062 Fire Grants Fund for public awareness
brochures, school book covers, production and broadcast of
public service announcements, and to conduct an emergency
p of $2,25OE rcie with a cash or soft match
response exercise,
(Attachment # 5)
Agenda
Regular Council Meeting
January 29, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6. Ordinance appropriating $19,72624 into the Library Capital
Improvement Program (C1 P) Fund No. 3210, Project No.
120095, for improvements to the Parkdale Branch Library from
the following sources: $15,1 55.93 from unappropriated interest
earnings from the Library Capital Improvement Program (CIP)
Fund No. 3210 and $4,570.31 from royalties from oil, gas and
mineral interests bequeathed to the City from the estate of
William T. Neyland; changing FY 200 7-2008 Capital Budget
adopted by Ordinance No. 027352 to increase appropriations by
$19, 726.24. (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
a Job Order Contract with Alpha Building Corporation, of Corpus
Christi, Texas in the amount of $81 ,379.77 for the Little Miss
Kickball Concession Stand at Bill Witt Park. (BOND ISSUE 2004)
(Attachment ## 7)
J. PUBLIC HEARINGS:
PLATTING ORDINANCE AMENDMENTS:
8.a. Public Hearing and First Reading Ordinance amending the
"Corpus Christi Platting Ordinance" by amending Section 11 to
provide a definition of exaction requirement; amending Section
XIII and adding new sections 1111, XII I.A., and XIII.B; to provide
for development exactions determination and an appeals
p
p rocess; providing g a repealer clause. (Attachment # 8) 8.b. Public Hearing and First Reading Ordinance amending Section
V.B. "Minimum Standards" of the Platting Ordinance to require
connection to approved treated water supply, to require looped
water lines, and to modify the provisions for reimbursement and
developer share of water arterial and grid main and water
distribution line construction costs; providing a repealer clause;
providing a penalty clause; providing for publication; and
providing an effective date. (Attachment # 8)
Agenda
Regular Council Meeting
January 29, 2008
Page
K.
C1TY COUNCIL
PRIORITY 1 ss UES
(Refer to legend at the end of the
agenda summary)
REGULAR AGENDA 1
CONSIDERATION OF MOTIONS RESOLUTIONS AID ORDINANCES:
9. Ordinance continuing the curfew ordinance for minors, the Code
of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-
42, and 3-43. (Attachment # 9)
10. supporting Resolution su ortin the Draft Environmental Impact Statement
recommendations for the proposed I-69/Trans-Texas Corridor
(TTC)Project (Attachment # 10)
11.a. Resolution approving a Performance Based Agreement between
the Corpus Christi Business and Job Development Corporation
(4A
Board) and Susser Holdings Corporation granting $640,000
in business incentives for the creation and retention of jobs and
relocation of corporate headquarters in Corpus Christi.
(Attachment # 11)
Resolution authorizing the City Manager or his designee to
11. b. Re g
execute a g
Project Agreement with the Corpus Christi Business
�
and Job Development Corporation (4A Board) regarding
implementation and administration of the agreement to grant
business incentives to Susser Holdings Corporation for the
creation and retention of jobs and relocation of its corporate
headquarters in Corpus Christi. (Attachment # 11)
12. Re g
solution endorsing a Community Visioning and Planning
Project for the Corpus Christi Community. (Attachment # 12)
L. PRESENTATIONS:
Public comment vii!! not be solicited on Presentation items.
13. Policy Considerations for the Development of a Storm Water
Utility (Attachment # 13)
14. Development Plans for Padre Island • by Asset Development
Corporation (Attachment # 14)
Agenda
Regular Council Meeting
January 29, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
M. PUBLIC COMMENT FROM E AUDIENCE ON MATTERS
NOT SCHEDULED ON TAGENDA WILL BE HEARD AT
AF F I TEL 12 :00 P.M. OR IT THE END F THE
INS WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS To THREE MI1 TES. /F YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
�i usted se dirige a la junta y cree clue su ingl s es limitado, habra un
int r rye a ingl s -espar of en la reunion de la junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL ME MBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING THIS POLICY 15 NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
an y 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.
Executive session under Texas Government Code Section
551.071 regarding fire collective bargaining negotiations, with
g g
possible discussion and action related thereto in open session.
16. Executive Session under Texas Government Code Section
551.071 regarding electric franchise with AEP Texas Central
g g
Company, with possible discussion and action related thereto in
open session.
Agenda
Regular Council Meeting
January 29, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
17. Executive Session under Texas Government Code Section
551.074 for deliberations regarding the evaluation of the City
Secretary, with possible discussion and action related thereto in
open session.
O. REPORTS;
The following reports include questions by Council to staff regarding
Cit y 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.
18. MAYOR'S UPDATE
19. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
T:
POSTING_STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to city Hall, 1201 Leopard Street, at R : Q p.m., January 23, 2008.
A--flACt CPY.4)6u,
Armando Chapa
City Secretary
NOTE: The City Coun it Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the
Wednesday before regularly scheduled council meetings.
if technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
Wu
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1 w) )
60 1947 /
i?PUS C°�
Develop Street Plan
Texas A &M University — Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process lmprovement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 1 , 2008 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Teri Melody Cooper*
Council Member:
Larry Eli orido, Sr.
Bill IkeIIy
Priscilla Leal
Michael McCutchon
John Mare z**
Nelda Martinez
ABSENT
Mike Hummel!
*Arrived at 10:27 a.m.
* *Arrived at 10:28 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Robert MIak with First Presbyterian Church
and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly.
* * * * * * * * * * * *
Mayor Garrett referred to Item 1 and the following board appointments were made:
Human Relations Commission
Ramiro Gamboa (Appointed and designated as Chairperson by Mayor Garrett)
Patricia E. Mattocks (Appointed)
Rene Saenz (Appointed)
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe announced that Item
10 was pulled from the agenda until January 29t"
al er clause.
effective date.
Minut — Regular C un il Meeting
January 15, 2008 — Page 2
City Manager Noe said the City received final approval from the Texas Commission on
Environmental Quality (TCEQ) to operate the transfer station. Mr. Noe said staff is working with the
Buccaneer Commission to move the 2009 Blue Angels Air Show from the Naval Air Station to the
Bayfront with potential dates of July 4th or two weekends in the month of October. Mr. Noe
announced that the City is currently in negotiations with the Corpus Christi Firefighters Association
and will brief the Council on the specific issues. Mr. Noe stated staff is initiating a unit by unit review
of the entire City organization beginning with the larger operating departments which will kickoff in
January and end in May. Mr. Noe added that staff will provide Council with copies of the analysis
once completed. Mr. Noe also stated that an audit is being conducted regarding the issue of the
building permit fees that were not billed to various contractors.
Mayor Garrett called for consideration of the consent agenda (items 2 - , There were no
comments from the public. Council members requested that Items 3, 4, 5, and 6 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. RESOLUTION N . O2755
Resolution authorizing the City Manager or his designee to execute an amendment to the
int rlo al Agreement with Nueces County to participate in the Crisis Intervention Team (CIT),
to provide officers trained in crisis intervention to serve on the team, and to provide $50,
of in-kind services for officer training to participate in the Crisis Intervention Team (CIT).
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Hummel!, ll, and Marez were
absent.
7. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an amendment to the Texas
International Yacht & Jet Plane Lease Agreement (with two five -year renewals: 2008 -2012
and 2013 -2017) with MMD Communications, f North Palm Beach, Florida, to increase
annual term from eight days to ten (10) days, expand leased premises area, and
increase minimum annual rental fee to $30,000; and providing for publication.
The foregoing rdinan was passed and approved as amended d on its first reading with the
following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye";
Cooper, Hummeil, and Marez were absent.
Mayor Garrett opened discussion on Item 3 regarding the Community unity Outdoor Outreach
Program (CO-OP). Council Member Leal asked questions regarding the number of teens anticipated
in the program and how the teens were notified. Recreation Superintendent Stage Talbert said that
approximately 60 to 75 kids participated in the program and the participants will be notified through a
marketing program within the junior and high schools throughout the City. City Secretary Chapa
polled the Council for their votes as follows:
3. RESOLUTION NO. 027552
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community
Outdoor Outreach Program (CO -OP ), an outdoor recreation program for youth participating
in the City's summer program.
Minutes -- Regular Council Meeting
January 15, 2008 — Page 3
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Hummell, and Marez
were absent.
Mayor Garrett opened discussion on Item 4 regarding an application to drill State Tract 88/89
Well No. 1. Council Member Leal asked how much ad valorem taxes were anticipated for all the
wells. Director of Gas Debbie Marroquin said staff would provide that information. Council Member
McCutchon asked questions regarding the number of wells in Corpus Christi Bay; the anticipated
number of additional wells; and whether the policy will continue to allow approval of wells outside the
cluster areas. Ms. Marroquin said there were 129 wells in the marina area and that it is difficult to
predict the number of additional wells. Ms. Marroquin added that there is an ordinance regarding
the clustering of wells, however; State lease have the ability to drill anywhere. Council Member
Martinez asked for the timeline that the permit application is reviewed by the Texas General Land
Office (GLO) and the Oil and Gas Advisory Committee. Ms. Marroquin stated that this is the first
time the City has received a letter from the GLO. City Secretary Chapa polled the Council for their
votes as follows:
4. MOTION NO. 2008 -006
Motion authorizing the City Manager or his designee to grant a permit to Cabot 011 and
Gas Corporation, of Houston, Texas, to drill an all or gas well approximately three and
one half miles north of Flour Bluff in Corpus Christi Bay being State Tract 88/89 Well No. 1.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, and Martinez, voting `Aye "; Cooper, Hummell, and Marez were
absent.
Mayor Garrett opened discussion on Item 5 regarding the Memorial Coliseum immediate
preservation requirements. In response to Mayor Garrett, Interim Director of Engineering Kevin
Stowers provided the scope of work for the project. Mayor Garrett asked questions regarding the
future plans for the Memorial Coliseum. Council Member Martinez said the Memorial Coliseum
committee will work with staff to receive guidance on the next phase to identify the best use of the
property. Council Member McCutchon asked questions regarding an itemized list of costs and the
boarding of windows and glass doors at the building. Mr. Stowers said the itemization was
inadvertently not included in the packet and would be provided at the end of the meeting. Interim
Assistant City Manager Angel Escobar explained that the entry of the building needs to be secured
because staff had discovered entry to the building. A brief discussion ensued regarding the
recommendations from the committee. City Secretary Chapa polled the Council for their votes as
follows:
5. MOTION NO. 2008 -007
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $99,669 for the
Memorial Coliseum Immediate Preservation Requirements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye}'; McCutchon voting "No"; Hummell
was absent.
Council Member McCutchon stated that he voted "No" because he wanted to review the
itemization of the costs prior to the vote.
Minutes — Regular Council Meeting
January 15, 2008 — Page 4
Mayor Garrett opened discussion on Item 6 regarding the Water Garden Repairs. Council
Member Leal said the Water Garden needed to be fixed and receive continued maintenance.
Council Member Cooper asked questions regarding the delays to repair the pump since it failed in
September 2007. Mr. Stowers explained that funding needed to be available and staff had to
evaluate the extent of the work. City Secretary Chapa polled the Council for their votes as follows:
6.a. ORDINANCE NO. 027553
Ordinance appropriating and transferring $500,585 from the Unreserved Fund Balance in the
No. 1020 General Fund to and appropriating in the No. 4710 isit r Facilities Fund for the
Water Garden repairs; changing the FY 2007 -2008 Operating Budget adopted by Ordinance
No. 027352 by increasing appropriations by $1,001,176 and increasing estimated revenues
by $500588.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Hummel' was absent.
6.b. MOTION N . 2008 -008
Motion authorizing the City Manager or his designee to execute a Job Order Contract
with Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $398,732 for the
Water Garden Repairs.
The following motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, hon, taro } and Martinez, voting "Are "; Hummel! was absent.
Mayor Garrett called for the vote on item 8 regarding the establishment of a convenience
fee. City Secretary Chapa polled the Council for their votes as follows:
8. ORDINANCE NO. 027554
Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, establishing a $2.50
convenience fee for residential utility payments via Internet or Automated Telephone
System; and providing for publication. (First Reading 1/08/08)
Tire foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Il ar , and Martinez, voting "Aye";
Hummel' was absent.
* * * * * * * * * **
Mayor Garrett referred to item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 1207-03, Li St or of CC # IV L.L.C.: A change of zoning from a `iB-4" General
Business District to an "1--" Light industrial District resulting in a change of land use from
commercial ial t industrial on 3.117 acres out of Bohemian Colony Lands, Lot 5, Section 2,
located approximately 1 0 feet north of Holly Road and approximately 275 feet east of
story Road.
Minutes — Regular Council Meeting
January 15, 2008 — Page
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the `i1_" Light Industrial District and, in lieu thereof, approval of a Special Permit for an outdoor
storage facility for recreational vehicles and boats, subject to a site plan and five conditions.
Council Member McCuthon asked questions regarding the Planning Commission minutes
not being included in the agenda packet and the Commission's vote. Interim Assistant Director of
Development Services Faryce Goode -Macon said the minutes were not included in the agenda
packet and that no one appeared in opposition at the hearing or in writing.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
9. ORDINANCE NO. 027555
Amending the Zoning Ordinance, upon application by U Stor of CC # IV, L. L.C., by changing
the zoning map in reference to 3.117 acres out of Lot 5, Section 2, Bohemian Colony Lands,
from "B-4" General Business District to "B-4/SP" General Business District with a Special
Permit to allow for an outdoor storage facility for recreational vehicles and boats, subject to a
site plan and five conditions; amending the Comprehensive sive Plan to account for any
deviations from the existing Comprehensive Plan; providing for a repealer clause; providing
a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, M Cut hon, and Martinez, voting "Aye";
Hummel!, Leal, and Marez were absent.
Mayor Garrett opened discussion on Item 11 regarding Turner Industries. Project Manager
Dan McGinn referred to a powerpoint presentation including a background of the project; 2006 aerial
photograph; summary of the development agreement; temporary use phase site plan; and the
Phase !site plan.
Council members asked questions regarding the construction of a drainage ditch; the
drainage from the retention pond; the Capital Improvement Project funding for additional
improvements on Tuloso Midway Road; simultaneous construction of both the on -site and offsite
infrastructure improvements; landscaping; remedies if the conditions of the agreement are not met;
operations prior to landscaping; timeline for permanent improvements; and the location for hiring.
John Golashesky, Senior Vi e President for Turner Industries, said the company will comply
with all of the ordinance requirements and hiring would be done at the current location until
permanent occupancy.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
January 15, 2008 --- Page 6
11. MOTION N , 2008 -669
Motion authorizing the City Manager to execute a Development Agreement with Turner
Industries, LLC (Developer), to establish development t requirements for a pipe fabrication
facility located at the intersection of 1H-37 and Clarkwood Road.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, and Martinez, voting ,Aye "; Cooper, Hummell, and Marez were
absent.
* * * * * * * * * * * * *
Mayor Garrett referred to item 12, a presentation by the Texas Department of Transportation
(TxDOT). District Engineer Craig Clark announced that today's presentation included an update on
the 1-69/Texas Transportation Corridor (TTC) and a presentation on the cash flow crisis. Mr. Clark
referred to a p were int presentation regarding the I-69/(TTC) including a background of the project;
purpose of the project; tier one study; draft environmental impact study; recommended tier two study
area; map f the southern end of I- 69/TTC; town hall meetings; public hearings; corridor segment
committees; private investors; and timeline for events associated with the project.
Council members asked questions regarding the location of the road; if two different
alternatives are being considered; the similarity to lnterstates 10 and 12; if the federal government's
position n i that Five Points is too constricted; whether the Port facilities will have access to the
corridor if the road is northwest of the City; the level of participation requested from the local
government; the width of Highway 77 right -of -way between Woodsboro, Refugia and Corpus Christi;
the defined width of the corridor; rail lines; the purpose of consolidation; if TTC 35 is a TxDOT
project; whether TTC 35 is a concurrent or competing project; deadline for the Request for Proposal
(RFP); segment committees role; and whether Interstate Highway 37 is included in the project.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Wayne Hayes spoke regarding
public s; the ubli showers at Magee Beach; and pollution. Tony Hartwell spoke regarding the
y
procedures at the Animal Care Services Department. Carlos Torres, President of the Corpus Christi
Firefighters Association, spoke regarding the deployment of squad units.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
16. Executive Session under Texas Government Code Section 551.071 regarding Title Vi
Complaint of Hillcrest Residents Association against the City of Corpus Christi, filed with the
United States Environmental Protection Agency (EPA) and United States Department of
Housing and Urban Development (HUD), with possible discussion and actions related
thereto in open session.
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Minute — Regular Meeting
January 15, 2008 — Page 7
Mayor Garrett returned to Item 12 regarding an update from the Texas Department of
Transportation (TxDOT). District Engineer Craig Clark referred to a powerpoint presentation
regarding the cash flow problems including the impact of inflation; State gas tax allocation; cash flow
plan for pre-2007 and post -2007 session; utilization of the federal gas tax dollar; uncertainty of
federal formula program funding; other Department of Transportation issues; increased demand on
the highway system; T D T strategy; mobility projects scheduled for FY2008; and additional
projects to be delayed from FY2008.
Council members asked questions regarding the affects of the delay of Carbon Plant Road -
IH -87 and the priority; traffic relief until the completion of the Joe Fulton Corridor; and research as to
whether Houston or other cities in Texas charge recovery costs to pay for streets and highways.
Mayor Garrett referred to item 13 regarding a presentation on the proposed plan for Padre
Staples Mali. Terry Mantes', President/CEO of Trademark Properties, referred to a powerpoint
presentation including the reasons to develop in Corpus Christi; Perryman Economic Impact Study,
reasons for improving Padre Staples Mali; background of Trademark Property Company; examples
of Trademark- projects; design partners; financial partner; project update; vision; preliminary
perspectives; revitalization features; phasing description; and an estimated timeline.
Andrew Miller, Miller capital Advisors /institutional Mali Investors (IMI) provided a background
of his firm and other investment properties. Mr. Miller stated that malls need to be constantly
reinvented in order to stay relevant to the trade and customers. Mr. Miller added that Padre Staples
Mali has not kept up with the pace with the industry and that this redevelopment will allow for the
opportunity to re- position the asset for the residents of Corpus Christi.
David Pettit, Gideon Taal Inc., spoke regarding sales tax; increased occupancy at Padre
Staples Malls; quality of tenants; public incentive; Perryman report; direct impacts; and public /private
partnership.
Council members asked questions regarding whether previous Trademark partnerships with
other communities were new projects or redevelopment projects; anticipated returns for investing in
Padre Staples Mali; leakage; whether the market is capable of support two projects; the connection
of Miller Capital and i Mi; the percentage of Miller Capital in mall investing; possibility of growing past
the property at Padre Staples Mali; Dillard's renovations; commitment of quality merchandise from
anchor stores; whether the acquisition of Padre Staples Mall is not contingent upon acquisition of
the Staples Center; the amended Perryman Economic impact Study; attrition of retail movement;
cross border retail trade; use of local and minority contractors; and the types of public art
considered.
Mayor Garrett referred to Item 14 regarding the Utility Alternative Financing Study by Duncan
and Associates. Jim Duncan, Duncan and Associates, referred to a powerpoint presentation
including background of the consultant personnel; map of infrastructure financing; purpose of the
project; order of the presentation; alternative financing methods; surveys of other Texas cities for
capital facility financing and utility rate comparison; current wastewater financing system;
trunk/collection line financing; wastewater financing issues; wastewater alternatives; wastewater
recommendations; current storm water financing; storm water financing issues; storm water
financing alternatives; storm water recommendations; and a summary of the recommendations.
Council members asked questions regarding impact fees addressing issues for new
development; balance between residential and commercial customers; the affect of storm water
utility rates on single family residents; and {`true" pro rata fees.
Minutes — Regular C un it Meeting
January 15, 2008 — Page
Mayor Garrett referred to Item 15 regarding proposed changes to the methods of wastwatr
acreage and lot fee assessment associated with new development. Deputy Director of Development
Services Johnny Perales referred to a pwrpint presentation including a history of the trust funds;
steps toward restructuring of developer trust funds; developer issues; review of wastewater
infrastructure roles and responsibilities; projects currently included in the City's short and long range
CIP; proposed fee process; summary of platting activity for 2006; wastewater fee assessments
scenarios based on service factors; and a summary of anticipated wastewater trunk system trust
fund revenues and expenditures.
_ Council members asked questions regarding financing for wastewater lift stations and force
main lines prior to 1 982; whether the City has stopped allowing Lift stations and force mains to be
reimbursed from the trunk line trust fund; should the City stop allowing reimbursement from the trust
fund} "true" pro rata fees; comparison of platting activity for 2007; proposed fee structure based on
the size of the pipe per the 2003 Plumbing Code; historical water use service factor; options for
addressing anticipated shortfall; developer fee increases of more than 15%; solvency of the trust
fund; impact fees; whether the City has done an impact study; whether the City's path of increasing
fees is aimed at increasing infill development; and developer feedback.
City Manager Noe said staff would develop two to three different scenarios to ensure the
solvency of thetrustfund including increasing fees and/or r du ing eligible reimbursements within
the next month.
Mayor Garrett called for Council concerns and reports. Council Member Leal thanked the
Police Department, Fire Department paramedics and firefighters, and all city employees for their
work. M. Leal also thanked Judge Henry Santana, Judge Robert Balderas, Judge Joe Gonzalez
and Dr. Stuart Elovitz for inviting her to speak to the children regarding juvenile justice.
Mayor Garrett asked staff if there where continuing problems regarding Animal Care
Services' procedures. Assistant City Manager Margie Rose said she would provide the Council with
the information.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:16 p.m. on January 15, 2008.
2
Requested Council Date: 1/29/08
Alternate Date: 2/12108
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of traffic signal equipment from Texas
Highway Products LTD, Round Rock, Texas in accordance with Bid Invitation No. BI-- 0067 -08
based on low bid for a total amount of $98,034. Funds have been budgeted by the Street Department
in FYO7- 8.
BACKGROUND:
Purpose: The traffic signal equipment will be used by the Street Department to
monitor and control traffic signals at signalized intersections.
Bid Invitation Issued: Thirteen
Bids Received: Two
Basis of Award: Low Bid
Funding:
Michae B era
Assistant Director of Financial Services
Street Department
5201304020-12310
$98,034
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3
Requested Council Action 1/29/08
Alternate Date 2/12/08
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with Ridgeway's, Corpus
Christi, Texas for blueprinting service in accordance with Bid Invitation No. BI-0002-08, based
on low bid for an estimated annual expenditure of $ 107,000 of which $53,500 is required for the
remainder of FY 2007 -2008. The term of the agreement will be for twelve months with an
option to extend for up to two additional twelve month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been budgeted by the using
departments in FY07- 8.
BACKGROUND:
Purpose:
Previous Action:
Bid invitations Issued:
Bids Received:
Price Analysis:
Award Basis:
Funding
The blueprinting service is used by the Aviation, Engineering, Storm Water
and Water Department for reproducing original subdivision plats, block
maps, construction prints, land use maps and other architectural/ engineering
drawings.
The option to extend the previous contract has been exercised, requiring the
City to issue new bid invitations.
Nine
Two
When compared to the previous contract, pricing has decreased by 15 %.
Low Bid — The City expects to spend approximately $107,000 annually for
this service. For evaluation purposes, bidders were requested to submit
pricing as a rate for an estimated quantity of each type of service provided.
The quantities shown on the bid tabulation represent estimates of the most
commonly ordered items under the contract. The actual quantities ordered
will be commensurate with the City's actual requirements during the
contract period.
Remaining FY -07 438
Aviation
Water (CIP )
Wastewater ( CIP )
Storm Water ( CIP )
Water
Wastewater
Water
Michae Barrera
Assistant Director of Financial Services
Organization Number Amount
5305204610-35010 230
500030 -4475 -00000 15,000
500030 -4500 -00000 15,000
500030 - 4525-00000 16 103
530520-4010-32030 600
530520- 4200 -33000 4,000
530520 -4010 -31505 367
530520 -4010 -31510 200
530520- 4010 -31520 2,000
Amount Total $53,500
BID INVITATION I O. ■ BI-0002-08
BLUEPRINTING SERVICE
BUYER. GABRIEL MALDONADO
DATE: JANUARY 29, 2008
ITEM1
1.1
1.2
1.3
2.0
2.1
2.2
2.3
3
DESCRIPTION
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
RIDGEWAYS
CORPUS CHRISTI, TX
UNIT TOTAL
QTY UNIT PRICE PRICE
PRONTO REPROGRAPHICS
CORPUS CHRISTI, TX
UNIT TOTAL
PRICE PRICE
LARGE DOCUMENT COPIES (LDC), SAME
SIZE ENLARGEMENT OR REDUCTION
20# BOND
VELLUM COPIES
MYLAR - 4 MIL., MATTE, SINGLE OR DOUBLE
SIDE
COLOR COPIES
11"X1""
8 112" X 14"
11 "X17"
VACUUM FRAME MOUNTING - 3116" FOAM
BOARD INCLUDED
LARGE MOUNTING- MOUNTING EXCEEDING
VACUUM FRAME CAPACITY, 3/16" FOAM
BOARD INCLUDED
380,459 SQ. FT. $0.0490 $18,642.49 5 $0.06 523, 585.46
4,228 SO. FT. 0.10 422.80 0.25 1,057.00
1,000 SQ. FT. 0.60 600.00 0.80 800.00
1,000 EACH 0.35 350.00 0.40 400.00
750 EACH 0.40 300.00 0.45 337.50
500 EACH 0.65 325.00 0.75 375.00
137 SG. FT. 0.95 130.15 3.00 411.00
137 SQ.FT. 1.25 171.25 3.00 411.00
8 112" X 11" BLACK & WHITE "SPECIFICATION 527,000 EACH 0.030 15,810.00 0.0420 22,134.00
BOOK"
TOTAL
fix16.751.69 $49,513.96
BID INVITATION BI-0002-08 STATES THE CITY WILL ISSUE ONE AWARD FOR THIS ENTIRE CONTRACT
The City expects to spend approximately $107,000 annually for this service. For evaluation purposes,
bidders were requested to submit pricing as a rate for an estimated quantity of each type of service
provided. The quantities shown on the bid tabulation represent estimates of the most commonly ordered
items under the contract. The actual quantities ordered will be commensurate with the City's actual
requirements during the contract period.
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 01/28/08
AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of
$92,701 to the State of Texas, Criminal Justice Division for Year 9 funding available under the
Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City
match of $15,724 and $3,200 in -kind services and authorizing the City Manager or the City
Manager's designee to apply for, accept, reject, alter or terminate the grant.
ISSUE: Funding is available from the State of Texas, Criminal Justice Division, under the Victims of
Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct
services to victims of crime.
BACKGROUND OUND INF RMATION: The grant continues the Victim Assistance Program that
provides assistance to victims and family members with the goal of lessening the short and long-
term trauma experienced as a direct result of victimization. Victims and their family members are
provided with information, reassurance, and guidance for resolving problems and referrals to
other social service agencies.
The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies,
training, and mileage. The case managers provide services to victims including information and
referral, criminal justice support and case information, assistance with filing forms for benefits
available through the Crime Victims' Compensation under the Texas Crime Victims
Compensation Act, informing victims of their rights as victims, advocating on victims behalf with
other agencies and within the criminal justice system, and transportation to shelter or to court.
Primary and secondary victims of crime are assisted in an effort to stabilize their lives after
victimization, help victims to understand and participate in the criminal justice system, and
provide victims of crime with a measure of safety and security. The case managers also work
closely through coalitions and with other agencies in an ongoing effort to identify needs and to
improve the quality and continuity of services to victims in the community. Additionally, they
provide training to community groups regarding victimization issues and available resources,
thereby increasing community awareness.
FUNDING: The State provides $92,701 for the salary /benefits of Iwo Victim Case Managers and
equipment supplies, volunteer hours contribute $3,200 as in -kind contribution, and the City
contributes $15,724 for supplies, mileage, and training. The funding is not on a declining
percentage or ending funding cycle, but is subject to the federal appropriation awarded to the
State for distribution. Funding is available 9/1/08 — 8/31/09.
REQUIRED COUNCIL ACTION: Approval to submit application.
Bryan P. Smith
Chief of Police
eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!)
Print This gage
Agency Name: Corpus Christi, City of
Grant/App: 1522309 Start Date: 7/1/2008 End Date: 6/30/2009
Page 1 of 5
Project Title: Victims of Crime Act
Status: Application Pending Submission
Narrative Information
Introduction
The Narrative section is the description + of your project. It is important that the information you provide about your project
is clear and as concise as possible.
Note: All applicants must certify to the eligibility requirements specific to the fund source. The minimum requirements to
complete this page are the Program Requirements, Problem Statement, Supporting Data, Goal Statement, and
Project Summary sections. We recommend that you complete any sections applicable to your project to assist in the
application review process.
Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on this
button and navigate away from the page, your work will be lost. When you click the Save and Continue button, you may
receive several error messages that instruct you to complete the required fields. Your data on any given tab will not save to
the system until all required fields are complete and correct.
In addition, you have a 2-hour time limit for each tab where you will need to complete the information correctly and then
click the Save and Continue button. There is a timestamp in the upper -right hand corner of the page that notes when you
first clicked on the tab. From that point, you have 2 hours to complete the information on that tab correctly. If you do not
complete the information correctly (for the required fields) and then you click on the Save and Continue button, you will
be redirected to the eGrants Home Page. If this happens, your data will not be saved in the system. You may also choose to
compose a message on this page for OD to review. This can be done by typing in the Notes By Grantee JD message
box.
Getting to rted
On this tab you will notice a certain icon that is displayed.
• 1414 = an information icon - this help icon is next to certain items that may need further explanation. Simply click and
review the information provided in the pop up window.
Primary Mission and Purpose
The Victims of Crime Act VA program provides funding for direct services to victims of crime. These direct services inciut
following
• responding to the emotional and physical needs of crime victims;
• assisting victims in stabilizing their lives after a victimization;
• assisting victims to understand and participate in the criminal justice system; and
• providing victims with safety and security.
Funding Levels
The anticipated funding levels for the Victims of Crime Act (VOCA) program are as follows:
• Minimum Award - $5,000
• Maximum Award - None
• The Victims of Crime Act program requires a grantee match of at least 20% which is calculated on the total project costs,
amount requested from OD. The match requirement may be met through cash and/or in -kind contributions.
tips: j donline. go rnor.state.tx.us Proj t Gr ntPrint bl Su ary.aspx` PrintCod = &... 1/21/2008
eGrants - Project Sur ar (MAKE SURE YOU CLOSE TIES PAGE ! ! ! Page 2 of
For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab 1
Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amour
the grant period.
Program Requirements
Services to Victims of Crime - Applicant agrees to provide services to victims of crime which include: responding to the emot
physical needs of crime victims; assisting victims in stabilizing their lives after victimization; assisting victims to understand
participate in the criminal justice system; and providing victims with safety and security.
Effective Services - Applicant must demonstrate a record of providing effective services to crime victims. If the applicant can
demonstrate a record of providing effective services, the applicant must demonstrate that at least 25 percent of its financial
comes from non - federal sources.
Volunteers - Applicant agrees to use volunteers to support either the project or agency -wide services, unless CJD determine}
compelling reason exists to waive this requirement.
Community Efforts - Applicant agrees to promote community efforts to aid crime victims. Applicants should promote, within
community, coordinated public and private efforts to aid crime victims. Coordination efforts qualify an organization to receiv€
but are not activities that can be supported with VOCA funds.
Crime Victims' Compensation - Applicant agrees to assist crime victims in applying for crime victims' compensation benefits.
Records -- Applicant agrees to maintain daily time and attendance records specifying the time devoted to allowable VOCA vict
Civil Rights Information - Applicant agrees to maintain statutorily required civil rights statistics on victims served by race, na
sex, age, and disability of victims served, within the timeframe established by OD. This requirement is waived when providir
such as telephone counseling, where soliciting the information may be inappropriate or offensive to the crime victim.
Victims of Federal Crime - Applicant agrees to provide equal services to victims of federal crime. (Note: Victim of federal crirr
of an offense that violates a federal criminal statute or regulation; federal crimes also include crimes that occur in an area wl
federal government has jurisdiction, such as Indian reservations, some national parks, some federal buildings, and military it
No Charge - Applicant agrees to provide grant - funded services at no charge to victims of crime.
Confidentiality - Applicant agrees to maintain the confidentiality of client - counselor information and research data, as require
and federal law.
Discrimination -- Applicant agrees not to discriminate against victims because they disagree with the State's prosecution of th
case.
Victim Restoration - Applicant agrees to promote collaboration and coordination among local services systems that involve rr
disciplines and support a seamless delivery of a continuum of services that focus on each individuals return to physical, meni
emotional health. An example of this type of approach is advocacy, law enforcement, prosecution, and other government an
government services working together in a professional environment of cooperation and respect among service providers.
Provide a description of how your community (city, county, district, etc.) restores victims and how this agency fits Into the r
process.
The Victim Assistance Program utilizes a balanced and restorative approach by recognizing, the victim and the community
all suffer when a crime occurs. It Is our objective and belief that the offender must be held accountable. Through a
multidisciplinary approach the Victim Assistance Program provides advocacy services to victims of crime such as
implementation of support systems for victims within the community, providing input to the court systems regarding safety
concerns, assisting with crime victim compensation claims and community education awareness. As a result of this form of
restoration collaboration; the victims are kept informed about the court process and the progress of their case; the court
systems are provided with better and more complete information as to the impact of the crime on the victim. This enables
the offender to be held accountable for the harm they caused.
Civil Rights Liaison
A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that t
meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights
JD and with the federal office of Justice Programs.
Enter the Name of the Civil Rights Liaison:
Cynthia Garcia
i : cjdonline.governor.state.tx, Pr G tPrir l Su r ar . p ' tC c = 8c.,. 1/21/2008
eGrants - Project Summary SURE YOU CLOSE THIS PAGE ! ! ! Page 3 of
Enter the Address for the Civil Rights Liaison:
Director, Human Resources, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469
Enter the Phone Number for the Civil Rights Liaison [(999) 999- 9999):
3618803300
Certification
Each applicant agency will certify to the specific criteria detailed above under Program Requirements to be eligible for Viet
Act (VOCA) funding.
1 certify to all of the above eligibility requirements.
Problem Statement:
Please provide a detailed account in the Problem Statement section of the existing issues your project will target.
Enter your problem statement:
Crime victims are often traumatized by violent crimes and have little knowledge about where to seek help or protection,
leaving the victim unprotected and subject to continued victimiation by the criminal. Victims of homicides, aggravated
assaults, sexual assaults, domestic violence and robberies have insufficient information pertaining to deficient resources
available within the community. The notion of facing a lengthy criminal justice system process can be confusing and
overwhelming. Lack of knowledge about the process can contribute to a sense of helplessness and frustration, leading to
decreased cooperation with law enforcement and prosecution efforts. There are an increasing number of identified victims
regarding child abuse, neglect and exploitation. In order to reduce the negative impact of victimiation the primary goal is
to ensure that victimized persons receive immediate pro active intervention; however due to a shortage of the Victim Case
Manager's time and lack of manpower there is a tremendous need for an additional Victim Case Manager which would
specialize in Child Abuse, Neglect and/or Exploitation cases in order to assist these victims whose needs are going
unattended.
Supporting Data:
Provide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to where
the grant project is located and/or targeted. Do not use statewide data for a local problem or national data for a statewide
problem.
Enter your supporting data:
The reported number of incidents of crimes against persons in the Corpus Christi Uniform Crime Report have not fallen
below 20,000 in the Last eight years: 2007 Six Month Total-13098-Homicide-14; Rape-118; Robbery -228; Assault - 3.557;
Burglary -1614; Larceny /Theft -7101; Auto Theft -466. For the first Six Month Total in 2007 there were 10,535 offenses of
crimes against victims reported to the Corpus Christi Police Department-Records Management System MS consisting of
6166 Non- Family related offenses, and 4,369 Family Related Offenses. In the past year 42% of crime victims received
follow -up assistance via mail, phone or in person: Phone Contacts -559, In Person Contacts -703, Notification Letters -3829,
Response to Follow Up Notification Letters -1288. The Victim Case Manager has attempted to increase the victim's safety by
providing assistance in obtaining 141 Magistrate Orders of Emergency Protection. In 2007 Child Protective Services has
identified 3448 cases of Child Abuse, Neglect and/or Exploitation which due to shortage of manpower, the Victim Assistance
Program is unable to attend to these identified victims in a timely and direct manner. On account of the increasing number
of crimes reported, Officers have become solely dedicated to investigating and filing the cases. The Detectives have little
time to attend to victims and rely on the Victim Case Manager to provided victim services. The addition of a Victim Case
Manager would be able to provide the rising number of cases and identified victims timely and proactive intervention
services.
Community Plan:
For projects that have a local or regional impact target area, provide information regarding the community plan need(s) that
your project will! address.
Enter your community planning needs:
The Victim Advocacy Program addresses eight priorities set in Nueces County FY 2008 Community Plan. 1. The Victim Case
Manager provides Crisis Intervention /Crisis Counseling in order to establish rapport with the victim, gather information for
assessing needs and alleviate the state of crisis. Many victims may be resistant to crisis intervention due to fear and/or
anxiety. The response of the Victim Case Manager is crucial to ensure the safety of the victim and his/her family while
providing assistance and information regarding eligibility and benefits from the Crime Victims Compensation fund as well as
community resources available for the victim in order to formulate a plan of recovery, restoration and stability. 2.) The
Victim Case Manager provides assistance with Safety Plans, Protective Orders, and Magistrate Orders of Emergency
Protection, addressing the need to reduce violent crime on a long term basis by promoting prevention and intervention
strategies. The Program addresses the development and implementation of policies and protocol to respond to victims of
crime in a more efficient and swifter manner. 3.) The Victim Assistance Program has assisted in Neighborhood Initiative
httros://cidonline.governor.state.tx.us/Project/GrantPrintableSummarv.aspx?PrintCode=4&... 1/21/2008
eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! ! Page 4 of
Program (NIP) and Hot Spot. Crime Statistics are generated to locate the highest crime infested areas to establish "Hot
spots". Door to door crime victim services are provided, ensuring safer streets and neighborhoods. 4, The Program holds
the offenders accountable by providing the victims with assistance in reporting crimes, criminal investigations, filing charges
and court accompaniment. 5. The Program addresses developing and expanding specialized training to the units to increase
the investigator's sensitivity and awareness to victim's issues. 6.) The program provided over 1600 referrals to local
community agencies and has met with the Sheriff's Department, District and County Attorney's office, Municipal and
Magistrate Judges, and Community Victims Service Agencies to collaborate efforts to serve victims; fully utilizing community
resources through collaborative planning efforts to better serve victims. 7.) The Victim Case Manager provides victim case
follow ups to ensure the victims are kept informed about the court process and the progress of their case as well as
continue to assist the victim in maintaining a safe and stable environment. 8.) The Victim Case Manager provides
notification to victims of parole eligibility dates and discharge dates in order to alleviate victim anxiety and fears, maintains
the rapport established with the victim and enhances the communication with victims to ensure his /her sense of safety.
Goal Statement:
Provide a brief description of the overall goals and objectives for this project.
Enter a description for the overall goals and objectives:
The goal of the project is to ensure that victims of crime receive timely intervention, emotional and mental support with
referrals to community resources and practical assistance with regard to their needs. This includes victim advocacy
assistance with the focus on motivating victims to understand, cooperate and participate with law enforcement and the
court systems. In doing so, victims are provided with effective options in order to stabilize their lives by developing sense of
safety and security. In cases resulting from Child Abuse, Neglect and/or Exploitation, it is imperative the Victim Case
Manager have specialized training in order to establish a rapport with the identified victim to formulate trust and motivate
building a recovery process.
Cooperative Working Agreement (CWA):
When a grantee intends to carry out a grant project through cooperating or participating with one or more outside
organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement CIA from
each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements, and
they must submit to CJD a list of each participating organization and a description of the purpose of each CWA. Cooperative
working agreements do not involve an exchange of funds.
For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA
(s). You should only provide information here that this project's successful operation is contingent on for the named service
or participation from the outside organization.
Note: A Sample CWA is available here for your convenience.
Enter your cooperating working agreement(s):
U.S. Naval Victim Assistance Program Purpose - serve military victims of violent crime. Adult Parole Department increase
victim safety. Adult Probation Department Department of Public Safety Nueces County Sheriff's Office Women's Shelter
Corpus Christi Housing Authority serve at risk victims Coastal Bend Immigration Council serve immigrant victims of violent
crime. Adult Protective Services serve the elderly /disabled of violent crimes. Texas Department of Protective & Regulatory
Services serve child victims of crime. CASA serve at risk children of violent crimes. District Attorney's Office assure victims
are afforded victims rights. Nueces County Attorney's Office Mothers Against Drunk Drivers serve victims of DWI Family
Counseling Service serve victims of crime. Nueces County Human Services increase victim safety. Nueces County Juvenile
Justice Center serve juvenile victims Retired and Senior Volunteer Program increase senior victim safety Texas Rio Grande
Legal Aid Emergency Protective Orders Municipal Court
Continuation Projects:
For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated
objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project
objectives as stated within your previous grant application. (Data may be calculated on a pro -rated basis depending on how
long the current or previous year's project has been operating.)
Enter your current grant's progress:
Not Applicable
Project Summary:
Briefly summarize the entire application, including the project's problem statement, supporting data, goal, target group,
activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project and
that you are confident and comfortable with the information if it were to be released under a public information request.
Enter your summary statement for this project:
There are limited resources available to assist victims of crime. Many victims are unaware of how, where or when to seek
help or protection and may be resistant to law enforcement intervention due to fear and/or anxiety. This form of learned
helplessness and frustration is intensified when unfamiliar with the lengthy and intimidating process of the criminal justice
system. It is this type of resistance that can lead to victims becoming uncooperative with law enforcement and prosecution
efforts. Due to the increasing number of violent crimes against person(s) in Corpus Christi (The first Six Month Total in 2007
there were 10,535 offenses of crimes against victims reported to the Corpus Christi Police Department - Records Management
System {ISMS} consisting of 6166 Non- Family related offenses, and 4,369 Family Related Offenses.) there is a great need to
https://cjdonline.govemor.stateixsus/Project/GrantPrintableStunmarysaspx?PrintCode-4&... 1/21/2008
eGrant �- Project Sum ar S R YOU CLOSE THIS PAGE ! ! !) Page 5 of 5
ensure victims of all race, national origin, sex, age, and disability be serviced in the Corpus hrist Nueces County region by
receiving relevant information on available resources in a timely fashion. It is n account of that inherent need, the addition
of another Victim Case Manager would be able to maintain that all victims are being provided proactive interventions in
order to meet his /her need . The Victim Case Manager provides victim services designed to offer intervention based on
assessed needs to victi of all types of violent crime such as: Homicide, Sexual Assault, Aggravated Assault, Robbery, etc.
From the first contact through follow up, staff seeks to assess immediate and long term needs. The Vi tim Case Manager~
provides the following: crisis intervention, safety planning, criminal justice support, case information, court accompaniment,
assistance in obtaining the basic necessities, informing vi tim of their rights, referral to ommunity agencies, or advocacy
on victim's behalf with other agencies and within the riminal justice system. The Victim Case Manager assists victims to
gain understanding of and encourages participation in the rirninal ;justice system. This enables the victim to utilize the
systems in place for help in order for the victim to reestablish trust and gain a sense of stability. The ultimate goal being
able t help victims regain a sense f independence and control over their lives and t minimi a the impact of the rime on
the victim and family. when the victim receives timely and appropriate intervention, counseling, referral and guidance,
he /she is more likely to cooperate with law enforcement and prosecutors and has a greater opportunity to restore
equilibrium that existed prior to the vitimiation much more quickly and successfully.
You are logged in as User Faroe: hannonMcFarlin
https: ejdo ine. o en or. tate.tx. s r jeet Gra I rinta leSu mar .asp ` Pri C —4 &... 1 21 /2008
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $92,701 T4 THE STATE OF TEXAS, CRIMINAL JUSTICE
DIVISION FOR YEAR 9 FUNDING AVAILABLE UNDER THE VICTIMS
OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S
FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $15,724 AND
$3,200 IN -KIND SERVICES AND AUTHORIZING THE CITY MANAGER
OF THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT,
REJECT, ALTER OR TERMINATE THE GRANT.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the State of Texas, Criminal Justice Division in the amount of
$92,701 for Year 9 funding available under the Victims of Crime Act CA Fund for
the Police Department's Family Violence Unit. The City match for this grant is $15,724
and $3,200 in kind services.
SECTION . The City Manager, or the City Manager's designee, may apply tor, accept,
reject, agree to alter the terms and conditions, or terminate the grant, if the grant is
awarded to the City.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds,
the City of Corpus Christi assures that the funds will be returned to the Criminal Justice
Division in full.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: 01 /i , 2008.
By: (
Joseph arney
Assistant City Attorney
For City Attorney
Reno- grant..Voa.doc
Corpus Christi, Texas
of -- -- - 1 2008
The above resolution was passed by the foliowing vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Fo -grant Vo.a.do
2
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 01/29/08
AGENDA ITEM:
A. Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas
Department of Public Safety, Governor's Division of Emergency Management, in the amount of
$9,000.00, for hazardous materials emergency preparedness planning activities, in the no. 1062 Fire
Grants Fund.
B. Appropriating $9,000 from the Texas Department of Public Safety, Governor's Division of Emergency
Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1 062 Fire
Grants Fund for public awareness brochures, school book covers, production and broadcast of public
service announcements, and to conduct an emergency response exercise, with a cash or soft match of
$2,250; activities; and declaring an emergency.
ISSUE: Nueces County is a highly industrialized community with a high risk for emergencies involving
hazardous materials. Nueces County has major hazardous material highway transportation routes i.e. 111- 7;
US77; etc.), major railways (TexMex and Union Pacific), over 10 major petroleum chemical plants, a military
base, and the 7th largest port in the U.S. In 2004, over 300 facilities reported using, storing, or manufacturing
a hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over 90
percent of the County's 317,000 people live within 10 miles of a "high risk" area.
The grant will allow the LEPC to conduct a Spring Public Awareness Campaign on Hazardous Materials
Emergencies. The campaign will begin with the distribution of 89,000 brochures as an insert in the City of
Corpus Christi Utility bill. In addition, 25,000 book - covers with the Personal Safety Plan message will be
distributed to selected Nueces County schools. A functional or full -scale exercise is also planned to test the
emergency operations plans of both urban and rural emergency response agencies.
REQUIRED COUNCIL ACTION: Council approval.
PREVIOUS COUNCIL ACTION: On September 11, 2007 Council approval a resolution authorizing the
City Manager, or his designee, to submit a grant application to the Texas Department of Public Safety Division
for Hazardous Materials Emergency Preparedness Planning.
CONCLUSION AND RECOMMENDATION Staff recommends approving the ordinance to appropriate a
grant in the amount of $11,250.00 received from the Texas Department of Public Safety Division of
Emergency Management for Hazardous Materials Emergency Pre aredness Planning.
Richard Hooks
Fire Chief /LEPC Chairman
Attachments:
1. Resolution and Ordinance
2. Award Letter
3. Contract
CADocurnents and Settings\RickR\My r Docum nts\LEP \Lepc Grant Accept 08.doc
BACKGROUND INFORMATION
The Local Emergency Planning Committee (LEPC) has approved the grant from the Texas
Department of Public Safety and has also approved the expenditure of funds for the match
requirement.
CADocuments and ettings\ ic} R \My Docum nts \L P \Lepc Grant Accept O .doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC
SAFETY GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT,
IN THE AMOUNT OF 58,000.00, FOR HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS PLANNING ACTIVITIES, IN THE NO.
1062 FIRE GRANTS FUND.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, er, or his designee, is authorized to accept a grant from
the Texas Department t of Public Safety Division of Emergency Management in the
amount of $9,000.00 for hazardous materials emergency preparedness planning
activities, in the No. 1062 Fire Grants Fund.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: 4, 2008.
By:
Joseph H rney
Assistant CitY Attorney
For City Attorney
Reso-DPS-dem-2.doc
Corpus Christi, Texas
of —, 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leaf
John E. Marez
Nelda Martinez
Michael McCutchon
Reso-DPS-dern-2.doc
2
AN ORDINANCE
APPROPRIATING X9,000 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT, HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS GRANT PROGRAM IN THE NO. 1082 FIRE GRANTS
FUND FOR PUBLIC AWARENESS BROCHURES, SCHOOL BOOK
COVERS, PRODUCTION AND BROADCAST OF PUBLIC SERVICE
ANNOUNCEMENTS, AND TO CONDUCT AN EMERGENCY
RESPONSE EXERCISE, WITH A CASH OR SOFT MATCH OF 52,250;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION . That $9,000.00 from the Texas Department rent of Public Safety, Governor's
division of Emergency Management, is appropriated in the No. 1062 Fire Grants Fund
for public awareness brochures, school book covers, production and broadcast of public
service announcements, and to conduct an emergency response exercise, with a cash
or soft match of $2,250.
SECTION 22. 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 on this the 29th day of January, 200 8.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED:
By:
2008
Joseph Barney
Assistant City Attorney
For City Attorney
Ord-Appro-Fire-DPSHazMat-2.doc
2
Corpus Christi, Texas
_day of � - - -, 2008
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, 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 Keliy
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
RICK PERRY
Governor
Mailing Address:
PO Box 4087
Austin, Texas 78773 -0220
Ms. Maricella Cuevas
Nueces County LEPC
2406 Leopard St., Suite 200
Corpus Christi, Texas 78408
Dear Its, Cuevas:
Contact Numbers:
512 -424 -2138 Duty Hours
512 - 424 -2277 Non -Duty Hours
512 -424 -2444 Fax
January 11, 2008
Physical Address:
5805 N. Lamar Blvd.
Austin, Texas 78752
STEVEN McCRAW
Director
Office of Homeland Security
JACK COLLEY
Chief
I am pleased to inform you that your Hazardous Materials Emergency Preparedness planning grant
application to conduct a tabletop exercise to test inter- agency cooperation and communication, emergency
response (Port of Corpus Christi, City of Corpus Christi, US Coast Guard and to increase public
education through PSA announcements, book covers, and utility mail outs has been approved by the State
Emergency Response Commission (SE RC) for an award of $9,000.00. This grant has been awarded based
on the Nueces County LEPC application submitted on September 15, 2007.
The SE RC has determined that this grant award is tendered to your jurisdiction until January 25, 2008.
All three copies of the grant contract must be signed by your fiscal agent and two signed copies returned
to the Governor's Division of Emergency Management, no later then 5 :00 p.m. on January 25, 2008.
You should submit bills for reimbursement of authorized expenditures as outlined in paragraph 6B of the
Agreement or as they are incurred along with supporting documentation such as cancelled checks and/or
receipts. All projects must be completed by August 31, 2008.
have any questions, please call my program manager, Mr Don Hall at 12 424 -5985.
ck Colley
hief
JC: DK.11
Enclosure: Contract #08- DEM- LEPC -I 1 (3 originals)
cc: Don Hall, GDEM
Jim Ogden, GDEM
Johnna Cantrell, GDEM
STATE OF TEXAS
COUNTY F TRAVIS
Contract Number - M -L PC -1 t
Page 1 of 10
AGREEMENT FOR HAZARDOUS
MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT
PARTIES
Pursuant to the authority of TEXAS GOVERNMENT NMEI T CODE §§ 418.043 and 418.044 and/or
791.011, this agreement for a Hazardous Materials Emergency Preparedness Planning grant is
made by and between the State of Texas, acting by and through the Governor's Division of
Emergency Management, hereinafter called the "STATE," and Nueces County hereinafter
referred to as the "CUNT," serving as a fiscal agent for the Nueces County Local Emergency
Planning Committee (LEPC).
WITNESSETH
WHEREAS, the STATE has no programmed resources to implement this requirement of federal
lava; and
WHEREAS, the STATE will receive funds from the United States Department of Transportation
(DOT) to accomplish the tasks detailed in this agreement.
AGREEMENT
NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The COUNTY agrees to perform hazardous materials emergency preparedness planning activities
in connection with the project as stated in the Articles to follow and outlined hereafter, and for
having rendered such services, the STATE agrees to pay to the COUNTY compensation for these
services as set out in this agreement. All services performed under this agreement shall be
performed under the supervision of the State Coordinator, Governor's Division' of Emergency
Management (GDEM), represented by the HazMat Preparedness Officer as the STATE project
officer.
1. CONTRACT PERIOD
This agreement shall become effective upon the date of final execution by the STATE and shall
be completed by August 31, 2008 unless terminated in a manner defined herein.
Contract Number - M- C -11
Page 2 of 10
2. SERVICES TO BE PROVIDED 1DE Y THE COUNTY
The COUNTY shall:
A. Complete the following project:
To conduct a tabletop exercise to test inter-apno inter- no cooperation and communication,
enn rge nc res ons Port Corpus Christi, City of Corpus Christi, US Coast Guard wand
to increase public education throuln PEA nr�onoements, book covers and utility mail outs.
B. Provide the STATE the following deliverables:
1 Progress reports as outlined in Section 6 below.
2) Final financial report as outlined in Section 6 below.
3) A separate final project report as outlined in Section 6 below, together with a copy of
all public education products.
4) A copy of any contract between Nueces County and any vendor for products or any
services related to the project as stated in Section 2 above.
3. SERVICES TO BE PROVIDED BY THE STATE
The STATE shall provide planning assistance to the COUNTY in the form of guidance so the
COUNTY can timely complete the deliverables listed above.
4. COMPENSATION SATION AI METHOD OF PAYMENT
A. The estimated total approved cost of the project which is the subject of this grant is:
Eleven thousand two hundred fifty dollars 1.11 250.00)
E. The maximum amount payable by the STATE under this agreement is:
Nine thousand dollars ($9,000.1_Mi
C. The COUNTY shall provide a cash or soft match of at least 2 % of the total
project cost or at least:
Two thousand_ two hundr ed fifty dollars t$2,259.00)
The soft match may include any of the following expenses that are reasonable,
allowable and allocable to the project.
1) Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any
person other than a government employee while attending training classes or
involved in program activities.
Contract Number - I 1 -U PC-t 1
Page 3 of 10
2) Private contributions such as corporate contributions of facilities or services such
as free classroom space.
3) contributions such .as firefighter support, emergency personnel support,
and the time of any LEPC member.
4) Equipment or facilities used for exercises, whether public or private.
5) Facility space necessary to conduct activities for the grant program.
6) University students volunteering time to aid in collection of data.
D. To receive reimbursement for allowable costs, the COUNTY shall submit as
attachments to the financial report an original and four copies of all invoices or receipts
along with copies of canceled checks or other proof of payment for each invoice or
receipt to the STATE for expenses paid by the COUNTY during the period covered by
the report.
E. To receive the full reimbursement for the funds paid out by the COUNTY during the
reporting period the COUNTY TY will submit, in addition to items in 4D, proof of the LEPC
twenty percent match for that reporting period. If the match is in soft funds then the
match will be expensed out and will have either the LEPC Chair or Vice Chair signature
certifying the LEPC soft match expense for that reporting period.
F. The COUNTY shall furnish all equipment, materials and supplies required to perform
the project, which is the subject of this grant.
G. Alt payments to the COUNTY shall be made when the COUNTY, and a valid invoice or
receipt pays expenses and proof of payment for each expense is submitted to the
STATE. The total amount of the grant will be paid when all deliverables have been
received and paid for by the COUNTY.
11. Reimbursement will be processed through the Texas Department of Public Safety as
authorized by the General Appropriation Act. 80th Legislature, Article V.
1. The STATE shall make payment to the COUNTY TY within thirty (30) days from receipt of
the COUNTY's reimbursable expenses, provided the request for payment is properly
prepared, executed, and documented.
J. The COUNTY agrees to spend the average of the COUNTY's Local Emergency
Planning Committee expenditure for planning activities for the past two years, in
addition to the COUNTY's twenty percent (20%) cost match for this grant.
5. INITIATION OF PROJECT WORK
The COUNTY shall not begin the work outlined herein until final execution of this agreement by
the STATE.
Contract Number - M -L C -11
Page 4 of 10
6. INSPECTION OF WORK AND PROGRESS ESS REPORTING
A. The COUNTY shall, from time to time during progress of the work defined herein, confer
with the STATE. The STATE's project officer has the right to inspect work being
performed pursuant to this agreement in a manner that will not unduly delay the work.
The COUNTY shall prepare and present such information and data as may be pertinent
and necessary or as may be requested by the STATE in order to evaluate the progress
of the work to be performed by the COUNTY.
B. The COUNTY's project officer shall render required reports to the STATE's, project
officer, including:
1 Four progress reports in the format outlined in Attachment 1 to this agreement.
2) Four financial reports, with supporting documentation, in the format outlined in
Attachment 2 to this agreement.
3) A final project report, which shall summarize the work, performed on the project and
accomplishments plus a final financial report with all remaining invoices for
reimbursement, supported by appropriate documentation of expenses, to include
remaining LEPC twenty percent match, along with a copy of all public education
products.
4) Progress /Financial /Final Report Schedule:
a. First Report (October — December) Due to the STATE by the 15th of January
b. Second Report (January — March) Due to the STATE by 1 5th of April.
c. Third Report (April — June) Due to the STATE by 15th of July.
d. Forth Report (July — August) Due to the STATE by 15th of September.
e. Final Report Due by the 30th of September (see B3 above.)
Progress reports and the final project report may be submitted by mail, facsimile, or e-mail.
Financial reports, which require original supporting documentation, LEPC twenty percent match
documentation, and the final financial report must be sent by mail or courier.
7. TERMINATION
A. This agreement may be terminated by any of the following conditions:
1 By mutual agreement and consent of both parties.
2) By the STATE upon written notice to the COUNTY as consequence of the
COUNTY's failure to perform the services herein in a satisfactory manner and within
the limits provided, with proper allowances being made for circumstances beyond the
control of the COUNTY as determined in good faith and reasonable business
judgment by the STATE.
Contract Number 08- M- C -11
Page 5 of 10
3) By the STATE for reasons of it's own and not subject to the mutual consent of the
COUNTY upon not less than ten 10 days written notice to the COUNTY.
TY.
4) By satisfactory completion of all services and obligations described herein.
B. Should the STATE terminate this agreement as herein provided, no expenses except
those due and payable at the time of termination shall thereafter be paid to the COUNTY.
Payment for the work at the time of termination shall be based upon work completed at
that time.
C. The termination of this agreement and payment of any amount in the settlement as
prescribed herein shall extinguish all rights, duties, obligations and liabilities of the
STATE and the COUNTY under this agreement.
8. DISPUTES
The COUNTY shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the COUNTY in support of this grant program. Any disputes
concerning the work or obligations defined herein or additional costs, or any non - procurement
issues shall be settled at the sole discretion of the Governor's Division of Emergency
Management.
9. INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the COUNTY shall
indemnify and hold harmless the STATE, its officers and employees from all third party claims for
injury to, or death of, persons and damage to, or loss of, physical property directly due to
activities of itself, its agents, contractors, officers or employees, performed under this agreement
and which result from the negligence or willful misconduct of the COUNTY TY or of any person
employed by the COUNTY. The COUNTY shall also indemnify and hold harmless the STATE, its
officers and employees from any and all expenses, including attorney fees, which might be
incurred by the STATE, its officers and employees as a result of such activities by the COUNTY,
its agents, contractors, officers and employees.
1o. COM LIAI CE WITH LAWS
The COUNTY shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
1 1. AS S 1 A C E S
The COUNTY assures that no person shall, on the grounds of race, creed, color, handicap,
national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be
. subject to discrimination under any program or activity funded in whole or in part under this
agreement. Incorporated by reference the same as if specifically written herein are rules,
regulations, and all other requirements imposed by law, including but not limited to compliance
with those pertinent rules and regulations of the State of Texas and those of United States
agencies providing funds to the State of Texas.
Contract Number 8- M -P -11
Page 6 of 1
To the extent it applies, COUNTY shall comply with Texas Government Code,
Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards,
State Uniform Administrative Requirements for Grants and Cooperative Agreements,
Section 111, Subpart B, §_.1 (Attached as "Attachment 3").
12.AUDIT REQUIREMENTS
The COUNTY hereby agrees to comply with the requirements specified in the single
Audit Act, 31 .S.e. §§ 7500 et seq. Supp.1 999} (Public Law 104-156), as applicable.
13. WRITTEN MODIFICATION
No modification or amendment to this Agreement shall become valid unless in writing and
signed by both parties.
14. EQUAL EMPLOYMENT OPPORTUNITY
The Grantee agrees to comply with all provisions of Executive Order No. 11246
(September 24, 1965), and of the rules, regulations, and relevant orders of the Secretary
of Labor.
15. RIGHTS IN DATA
A. The term "subject data" as used in this agreement means recorded information, whether
or not copyrighted, that is delivered or specified to be delivered under this Agreement.
The term includes graphic or pictorial delineations in media such as drawings or
photographs; audio - visual recordings such as films or videotapes; text in specifications
or related performance or design -type documents; machine forms such as punched
cards, magnetic tape, or computer memory printouts; and information retained in
computer m e m o ry .
1 Examples of "subject data" include, but are not limited to: engineering drawings and
associated' lists; specifications; standards; process sheets; manuals; technical
reports; catalog item identifications; and related information.
2) The term does not include financial reports, costs analysis, and similar information
incidental to program administration.
B. With respect to all subject data first produced in the performance of this Agreement,
DOT reserves a royalty -free, non - exclusive and irrevocable license to reproduce, publish
or otherwise use, and to authorize others to use, for Federal Government purposes:
1 Any work developed under the grant, sub - grant, or third party contract, irrespective of
whether or not a copyright has been obtained; and
Contract Number - M- C-1 1
Page 7 of 10
2) Any rights of copyright to which the Grantee, sub - grantee, or third -party contractor
purchases ownership with DOT assistance.
C. When DOT provides assistance to a Grantee for a program involving emergency
planning and training, it is DOT's intent to increase the body of transportation
knowledge, rather than to limit the benefit of the program to the parties to the
agreement. Therefore, the Grantee that has received assistance to support research,
financed under the Federal Hazardous Materials Transportation Law (49 U.S.C. Section
5101 et. seq.), understands and agrees that, in addition to the rights set forth in sub -
section 15.B of this Agreement, DOT may make available to any DOT Grantee, sub -
grantee, sub- recipient, third -party contractor, or third party subcontractor, either DOTs
license in the copyright to the 'subject data" derived under this agreement.
D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and
employees acting within the scope of their official duties against any liability, including
costs and expenses, resulting from any willful or intentional violation by the Grantee of
proprietary rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished under this
agreement.
E. Nothing contained in this clause implies a license to DOT under any patent or can be
construed as affecting the scope of any license or other right otherwise granted to DOT
under any patent.
F. Subsections 1.B through '1.D of this document are not applicable to material furnished
to the Grantee by DOT and incorporated in the work furnished under the Agreement,
provided that the Grantee identifies the incorporated material when the work is
delivered.
G. If the program, which is the subject of this agreement, is not completed, for any reason
whatsoever, all data developed under that program becomes subject data as defined in
Subsection 15.A of this Agreement and must be delivered as DOT may direct.
H. The requirements of Subsections 15.A through 15.G of this document must be included
in all third -party contracts of the Grantee under this program.
16.THE GRANTEE AGREES
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and,
implementing regulations when performance under the program involves the design,
development, or operation of any system of records on individuals to be operated by the
Grantee, its third -party contractors, subcontractors, sub - grantees, or their employees to
accomplish a DOT function;
B. To notify DOT when the Grantee or any of its third -party contractors, subcontractors,
sub- grantees, sub - recipients, or their employees anticipate operating a system of
records on behalf of DOT in order to implement the program, if such system contains
Contract Number - DENT - C -11
Page 8 of 10
informati
Contract Number - EM -LE C -11
Page 9 of 10
20.P OJECT OFFICERS
The project officers for this agreement are:
A. For the STATE:
Name: Don Hall
HazMat Preparedness Officer
Technological Hazards Unit
Governor's Division of Emergency Management
Texas Department of Public Safety
Address: Po Box 4087
Austin, Texas
78773-0225
Telephone: (512) 424-2197
Fax: (512) 424 -5647
E -mail: clonal &,hall@txdps.stateatx.us
B. For the COUNTY:
Name: Ms. Maricella Cuevas
Nueces County LEPC
Address: 2406 Leopard St., Suite 200
Corpus Christi, Texas 78408
Telephone: (361) 826 -3960
Fax: (361) 887 -7385
E -mail: marim @cctexas.corn
Contract Number - M -L C- t 1
Page 10 of 1
21.SIGNATORY AUTHORITY
The undersigned signatory for COUNTY hereby represents and warrants that he /she is an officer of
the organization for which he /she has executed this agreement, and that he/she has executed this
agreement, and that he /she has full and complete authority to enter into this agreement on behalf of
the COUNTY.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed
in duplicate effective the date of the last signature to this agreement.
FOR THE STATE FOR THE COUNTY
f Emergency Managernent _,. christi
cy Name of Jurisdiction
BY:
Authorized Signature
George K. Noe
Printed Name
Chief City Manager
Title Title
Date Date
Texas Department of Public Safety
Approved as to Funding:
BY
Authorized nature
Oscar Ybarra
Printed Name
Chief of Finance
Title
Approved as to form: (%/ 7, to .t1'
JpWHarn -�
Assistant City Attorney
For City Attorney
6
AGENDA MEMORANDUM
Date: January 29, 2008
SUBJECT: Appropriation of funds for Parkdale Branch Library
AGENDA ITEMS:
Ordinance appropriating $19,726.24 into the Library CIP Fund No. 3210, Project No.
1 20095, for improvements to the Parkdale Branch Library from the following sources:
$15,155.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and
$4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the
estate of William T. Neyland; changing FY 2007-2008 Capital Budget adopted by Ordinance
No. 027352 to increase appropriations by $19,726.24; and declaring an emergency.
ISSUE:
Additional funds totaling $19,726.24 are available for the Parkdale Branch Library project. With
this appropriation approximately $1,082,725 is available for the project.
REQUIRED COUNCIL ACTION:
Council authorization required for appropriation of funds.
PRIOR COUNCIL ACTION:
Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T.
Neyland Estate
Ordinance No. 026128 (January 25, 2005) appropriating up to $600,000 from William T.
Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch
Library
Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch
Library to the "William T. Neyland Public Library" upon completion of improvements to the
facili
Page Two
Library
Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to
execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which
provides $4,492.87 to the City for improvements to the Parkdale Branch Library.
Ordinance No. 026942 (August 29, 2006) appropriating $4,492,87 from the Corpus Christi
Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the
Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No.
026188 to increase appropriations by $4,492.87,
Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to
execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides
$101,000.00 to the City for improvements to the Parkdale Branch Library.
Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund
No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and
the Bell Children's Library at the Central Library from the following sources: $101,000 from the
Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from
unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch
Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210
for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the
Library CIP Fund No. 3210 for the Bell Children's Library at the Central Library; amending FY
2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by
$131,750.32; and declaring an emergency.
Ordinance No. 0271132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No.
3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate;
amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase
appropriations by $8,000; and declaring an emergency.
Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to
execute all documents and take all action necessary to administer the property previously held by
the Anita Neyland Trust, which is now being turned over to the City, including but not limited to
signing oil and gas division orders and accepting monies derived from property; and requiring
that all monies derived from this property shall be deposited into a library fund and used for
library purposes.
Ordinance No. 027237 (April 24, 2007) appropriating $18,223.38 into the Library CIP Fund
No. 3210 for improvements to the Parkdale Branch Library from the following sources:
$6,441.68 from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from
the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance
No. 026997 to increase appropriations by $18,223.38; and declaring an emergency.
Ordinance No. 027282 (May 22, 2007) appropriating $5,902.61 into the Library CIP Fund No.
3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following
sources: $1,947.19 from mineral interest from the William T. Neyland Estate and $3,955.42 from
unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007
Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and
declaring an emergency.
Ordinance No. 027368 (August 21, 2007) appropriating $13,975.69 into the Library CIP Fund
No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the
following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and
$12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210;
changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase
appropriations by $13,975.69; and declaring an emergency.
Page Three
Library
Resolution No. 027435 (October 9, 2007) authorizing the City Manager or designee to
execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the
amount of $25,000.00 for improvements to the Parkdale Branch Library.
Ordinance No. 027436 (October 9, 2007) appropriating $29,138.86 into the Library CIP Fund
No. 3210, Project No. 1 20095, for improvements to the Part dale Branch Library from the
following sources: $25,000.00 from the Friends of Corpus Christi Public Libraries; and
$4,138.86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing
FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $
29,138.86; and declaring an emergency.
Resolution No. 027442 (October 9, 2007) authorizing the renaming of the Parkdale Branch
Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library
Board upon completion of improvements to the facility and repealing Resolution No. 026129
which previously authorized the remaining of the Parkdale Branch Library to the "William T.
Neyland Public Library."
Motion No. 2007-258 (October 9, 2007) authorizing the City Manger or his designee to execute
a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville,
Texas for the Parkdale Library Renovation Project for the Base Bid and Additive Alternate
No • 1 .
Motion No. 2007 -255 (October 9, 2007) authorizing the City Manager or his designee to execute
a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a
6-foot high by 12 -foot wide mural, in the amount of $8,550 as part of the Percent for Art
Program associated with the Parkdale Branch Library renovation project.
RECOMMENDATION:
Staff recommends approval.
Herb Canales
Director of Libraries
AN ORDINANCE
APPROPRIATING $19,726.24 INTO THE LIBRARY CIP FUND ND.
3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE
PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES:
$15,155.93 FROM UNAPPROPRIATED INTEREST EARNINGS FROM
THE LIBRARY CIP FUND NO. 3210 AND X4,570.31 FROM ROYALTIES
FROM OIL, GAS AND MINERAL INTERESTS BEQUEATHED TO THE
CITY FROM THE ESTATE OF WILLIAM T. NEYLAND; CHANGING FY
2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027352
TO INCREASE APPROPRIATIONS BY x19,726.24; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $19,72624 is appropriated into the Library CIF' Fund No. 3210,
Project No. 120095, for improvements to the Park dale Branch Library from the following
sources: $15,155.93 from unappropriated interest earnings from the Library CIP Fund
No. 3210 and $457031 from royalties from oil, gas and mineral interests bequeathed to
the City from the Estate of William T. Neyland.
SECTION 2. That the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027352
is changed to increase appropriations by $19726.24.
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 29th day of January, 2008.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
APPROVED AS TO FORM: January 17, 2008
Yv - Aguil
Ass! tant City Attorney
For City Attorney
Corpus Christi, Texas
- day of , 2008
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: !Ave, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
7
AGENDA MEMORANDUM
Action Dam: January 29, 2008
SUBJECT: Little Miss Kickball Concession Stand — BOND ISSUE 2004
(Project No. 3335)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Job
Order Contract with Alpha Building Corporation of Corpus Christi Texas, in the amount of
$81,379.77 for the Little Miss Kickball Concession Stand at Bill Witt Park. (BOND ISSUE
2004)
ISSUE: The Little Miss Kickball Association is an independently operated Organization that
leases property at Bill Witt Park from the City of Corpus Christi for the purpose of
conducting the sport of kickball for girls. The association and the City's Parks and
Recreation Department worked together to develop this project as a top priority as part of
the Bond Issue 2004 Sports Field Improvements. The association's present concession
stand at Bill Witt Park is in disrepair. This project proposes to construct a 24' x 32' building
slab and provide a 24' x 24' standard pre - engineered metal building.
FUNDING: Funding for this project will come from the Capital Improvement Budget FY
2008.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Sally Gavlik
Director of Parks and Recreation
Additional Supiort _MateriJ. ::
Exhibit "A" Background Information
Exhibit "A-1" Prior Actions
Exhibit "B" scope of Work and Costs
Exhibit "C" Location Map
H: HOME RactoolIe1GENIParks & Recreationl3 5- Little Miss Kickball Agenda Memo.doc
Vis nit
Kevin Stowers
Interim Director of Engineering Services
AGENDA BACKGROUND INFORMATION
SUBJECT: Little Miss Kickball Concession Stand — BOND ISSUE 2004
(Project No. 3335)
PROJECT DESCRIPTION: The proposed project consists of constructing a 24' x 32'
building slab and providing a 24' x 24' standard pre - engineered galvanized steel (50,000
PSI yield) with a 20 -year finish building with a 10' eave height and pitched roof. The roof
and siding are to be metal with the roof extending an additional 8' at one end to provide
cover for the customer service counters. The roof and walls will have -13 insulation with
two exterior doors and two windows for customer service counters. Building utilities will be
connected to the existing utility lines. The building utilities include a unisex bathroom with a
sink, 50-gallon water heater, drain connections for ice makers and sinks, four floor drains,
an electrical distribution panel for lighting, power and a 5-ton HVAC system. Existing
equipment will be removed from the existing building and reinstalled in the new building by
the Little Miss Kickball League.
CONSTRUCTION SCHEDULE: The project is to be completed within 45 days of
commencement, approximately mid -March 200 8.
PROJECT ECT ACKG OU_ On Tuesday, November 2, 200 4, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 200 4. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most irmediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
The Sports Field Improvements portion of the Bond issue 2004 projects provides
improvements to sports fields throughout the city. These projects are being designed in-
house and construction will be coordinated with league play.
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
EXHIBIT "A"
Page 1 of
HAHOMEIRachellel EN\Parks & Recreation13335- Little Miss KickbaII Agenda Backgrounadoc
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.
• Construction 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.
On January 3, 2007, the City of Corpus Christi issued an RFP (2007-01) 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 JOC contracts with two contractors:
1. 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 JOC 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 JOG. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio.
EXHIBIT " "
Page 2 o!
HAI-10MBRachelleIGENTarks & Recreation1333 Little Miss KickballtAgenda Background.doc
PRIOR PROJECT ACTIONS
SUBJECT: ECT: Little Miss Kickball ball Concession Stand — BOND ISSUE 2004
(Project No. 3335)
Prior Project Actions have included:
PRIOR COUNCIL ACTION:
1, November 2 2004 -- Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. December 18 2007 — Ordinance approving the FY 2008 Capital Budget and Capital
Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546)
PRIOR ADMINISTRATIVE ACTIQN
1. August 26 2004 - Distribution of Request for Qualifications (RFC ) No. 200 4-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25L2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
3. April 13, 2095 - Addendum No. 2 to the Request for Qualifications F No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
4. January 3L�0 — Distribution of Request for Qualifications (RFQ) No, 2007 -01 Job
Order Contracting.
5. January 29, 2007 - Distribution of Addendum No. 1 to the Request for Qualifications
(RFQ) 2007 -01 Job Order Contracting.
H:IHOMEIRacheliel E ltParks & Hecreation1333 -Little Miss I ckbalRPrior Actions.doc
Little Miss Kickball Concession Stand
Scope of Work and Associated Cost
Sitework: $ 1,448.67
1. Excavate area for 24%0" x 3T-0" turndown building slab.
2. Install 6" compacted limestone base for slab.
Concrete: $ 6,071.42
1. Install 24%0" x 24'-13" building slab with 1 ' %" thick
turndown at perimeter with additional 8%" x 24' section
at one end that will be separated by an expansion joint
using 3,000psi concrete and trowel finish.
Utilities:
1. Building utilities shall be connected to existing utility
lines within 5'-0" of building perimeter.
2. Water and sewer shall enter/exit building through slab.
3. Building to have four floor drains. One in wet storage
area, one in restroom and two in food service area.
Building:
1. 24'_" x 24'.." standard engineered galvanized steel
50,000 psi yield, 20 year finish and epoxy flex coating
building with 1'_" eve height and pitched roof. Roof
shall extend an additional 8' -0" at one end over the
additional concrete to provide a service area.
2. Roof and walls to have R-13 insulation.
3. Building to have two each %_" x '_" exterior
commercial metal doors and two each ' -o" x 4'-0"
single hung windows for dispensi
8. Interior doors to hollow metal frame with solid core
wood doors.
9. Exterior doors to hollow metal frame with hollow metal
core metal doors.
10. Exterior doors to have panic bar with exterior thumb
latch and pull.
Plumbing
1. Install water closet and wall hung sink i
BUILDING CORPORATION!
Fir( Choi( c hor facilities Renovation & Constru(
ianuary 16. 2008
ME Angcl Escobar. P.E.
Director of Engineering Services
CIO Mr. Ron Yoder
City of Corpus Christi
Lngineering Services
1201 Leopard St.
Corpus Cl Texas 78401
Dear Nir, Escobar:
We are pleased to present our proposal to construct a Concession Stand Building at 13111
\Vitt Park for Little Miss Kickball Association. This proposal is based on the scope of
ork. and unit price estimate.
'total cost for this work is: $ 81379.77
Schedule for this \Nork: \\ ithin 15 day of VIA). and completion NVithill 90
days of commencement.
Please contact me at (361) 533-0293. should \ ou have nv questions regarding this
matter.
Pmiect Manager
4-/ 54091
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EXHIBIT isCii
LITTLE MISS KICKBALL
CONCESSION STAND
CITY COUNCIL CIL EXHI IT
CITY OF CORPUS CHRISTI, TEXAS
DEPARNENT OF ENGINEERING SERI ES
PAGE: 1 of
DATE: 1 - 1 —2008
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8
AGENDA MEMORANDUM
January 29, 2008
a. Public hearing and First Reading Ordinance amending the Corpus Christi Platting
Ordinance by amending Section to provide a definition of exaction requirement;
amending Section XIII and adding new Sections V -1, XiII.A., and IIL.B; to provide for
development exactions determination and an appeals process; providing for a repealer
clause.
b. Public hearing and First Reading Ordinance amending Section V.B. Minimum Standards
of the Platting Ordinance to require connection to approved treated water supply, to
require looped water lines, and to modify the provisions for reimbursement and developer
share of water arterial and grid main and water distribution line construction costs;
providing a repealer clause; providing a penalty clause; providing for publication; and
providing an effective date.
ISSUE: In discussion of Presentation Item No. 2 and Regular Agenda Items No. 21.a. and 21.b of
the City Council meeting of September 18, 2007, staff received direction to develop amendments to
the existing Corpus Christi Platting Ordinance to modify minimum standards for required water
system improvements and associated developer trust fund reimbursement procedures for
developments failing outside of the city limits but within the City's Extraterritorial Jurisdiction TJ.
House Bill No. 1835, effective June 18, 2005, added Section 212.904 to the Texas Local
Government Code. This section requires municipalities to make a determination of rough
proportionality when requiring a developer to bear a portion of the costs of municipal infrastructure
improvements through dedications, payment of fees,' or payment of construction costs.
RECOMMENDATION: Staff recommends approval of the ordinances as presented. Staff has
placed the item in this agenda to expedite their consideration by Council. However, according to
the City Charter, the Planning Commission is required to make a recommendation prior t
Council consideration. The item is scheduled for review by the Commission at their January 23,
2008 meeting, which begins after the January 29, 2008 City Council agenda packet has been
finalized and delivered. Thus, staff will provide supplemental information following the
Commission's meeting regarding their decision.
Bob Nix, A.I.C.P.
Assistant City Manager for Development Services
ATTACHMENTS:
xhlbit A.
Exhibit B
Exhibit C
Background Information
Proposed Ordinance Amendment, Water System Standards and Reimbursement
Requirements
Proposed Ordinance Amendment, Establishing Rough Proportionality
Requirements
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The agenda for the September 18, 2007 City Council meeting included Presentation Item
No. 20, »Water Trust Fund Update: Development Outside City Limits". Also included within the Regular
Agenda for this meeting were Item No. 21.a., "Motion approving the Arterial Transmission and Grid Main
Construction and Reimbursement Agreement submitted by Billy W. Sanders and Robbie Sanders, owners and
developers of London Club Estates located north of FM 43 and east of the FM 43 and FM 763 intersection for
the installation of 4,951 linear feet of 16 inch PVC water arterial transmission main ", and Item No. 21,b -,
"Ordinance appropriating $295,268,97 from the Arterial Transmission and Grid Main Trust Fund No. 21805-4030 to reimburse Billy W. Sanders and Robbie Sanders for the installation of 4,951 linear feet of 16
inch PVC water arterial transmission main ".
Discussion related to the presentation and agenda items mentioned above focused on various city growth
issues, in particular the types of development which are possible under the current ordinances versus
desirable growth patterns, levels of water system improvements required by the current ordinances, and the
impact of existing reimbursement policies and procedures on development in the areas which fall within the
City's Extraterritorial Jurisdiction (ETJ), but outside the city limits.
The motion and ordinance included in Item 21 of the RegularAgenda were not passed when voted on by the
Council, and staff was directed to develop amendments to the applicable City ordinances to modify standards
for required water system improvements in the area between the city limits and the ETJ. Staff was also
directed to develop amendments to the applicable City ordinances to modify reimbursement procedures for
water line improvements within the same areas.
Exhibit B includes the proposed amendment to the Corpus Christi Platting Ordinance, amending Sections
III, H .4. e , . B.5. a , . E .5.c , , .5.' ), and deleting Section V. B. . j. By enacting these amendments, two
classes or groups of developments will be created, those within the city limits, and those outside.
Section 21 2.904 was added to the Texas Local Government Code by House BM No. 1 835, effective June 18,
2005. This section requires municipalities to make a determination of rough proportionality when requiring a
developer to bear a portion of the costs of municipal infrastructure improvements through dedications,
payment of fees, or payment of construction costs. Amending the ordinances to limit reimbursement of water
system infrastructure improvements to developers outside of the city limits requires that the standards of
rough proportionality be established. Exhibit B includes the proposed amendment to the Corpus Christi
Platting Ordinance, amending Sections II, VA, and XIII, by amending Sections 11 and XIII, and by adding new
Sections. A, SCI l I.A, and SCI I1. B.
In addition, during the months of September and October, the City experienced various water distribution
system operational • difficulties. These operational issues resulted in an investigation by the Texas
Commission on Environmental Quality, and ultimately, and Administrative Order was issued. In an effort to
reduce the potential for more related issues in the future, staff was directed to develop amendments to the
Platting Ordinance to restrict the installation of "dead end" waterlines as part of new development. These
restrictions are included in the proposed amendments to Section .B.5.a of the Platting Ordinance.
Exhibit A
Page l of 1
Page 1 of 5
AN ORDINANCE
AMENDING THE "CORPUS CHRISTI PLATTING ORDINANCE" BY
AMENDING SECTION II TO PROVIDE A DEFINITION OF EXACTION
REQUIREMENT; AM NDING SECTION XIII AND ADDING NEW
SECTIONS V -1, XIII.A., AND XI1I,B TO PROVIDE FOR
DEVELOPMENT EXACTIONS DETERMINATION AND AN APPEALS
PROCESS; PROVIDING A REPEALER CLAUSE; AND PROVIDING A
S VERABILITY CLAUSE
WHEREAS, House Bill No. 1835, effective June 18, 2005, added Texas Local Government
Code Section 212.904, and requires municipalities to make a determination of rough
proportionality ortionalit when requiring a developer to bear a portion of the costs of municipal
infrastructure improvements through dedications, payment of fees, or payment of construction
costs; and
WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January
9, 2008, and January 23, 2008, during meetings of the Planning Commission, and on Tuesday,
January 29, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the Cit y Council has determined that this amendment would best serve public
health, necessity, and convenience and the general welfare of the City of Corpus Christi and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That Section 11, "Definitions," of "Corpus Christi Platting Ordinance," of the City
of Corpus Christi Municipal Code is amended by adding a new Section ILL. to read as follows:
L. EXACTION RE i UIREMENT. A requirement i .used on a develo • er of a
ro osed digiument_prq*ect to bear rtion the costs of rnuni i ai
infrastructure improvements by_ the _ making f _ dedications, the
of the n u ici a1 infrastructure im rove rnent or the a nt
construction _ - - - - - -_ � of fees in lieu of perarming the construction."
SECTION 2. That "Corpus Christi Platting Ordinance," of the City of Corpus Christi Municipal
Code is amended by adding a new Section V-1 to read as follows:
"SECTION V -1 - ROUGH PROPORTIONALITY OF EXACTIONS
V-1. A. ROUGH PROPORTIONALITY STANDARD. No exaction re + uirement ma be
imposed on a developer as a condition for approval of a deeloret
prokct unless the exaction recpirement does - not exceed the amount
:111 -D IliNS hare d \G aryS la et da\2 08 1- \ 1 1 - Plauin gexactio n08011 0.doe
Page 2 of
re uired for infrastnictute improvements that axe rough pro orti nate to
tliploposed develorovedrofessional z_eer Lthe,
"Development Services En ineetho holds a license issued under
Chapter I QQ1, Occupaticips Code and isied b the City:
V- INDIVIDUALIZED DETE MIS TI . The Develo .met Services n in
shall conduct an analysis f the impact by the specific sed
d i m nt.
X1c. DEVELOPER'S REPORTS STUDIES AND INFORMATION. The Develo •merit
,
Services n * ineer may require the developer, at theeeler ease,
it an stud , _report or other information to assist in making the
to subn� - � - -.
- moortionality determination.
V- D. DEVELOPMENT SERVICES ENGINEER REPORT= In order to approve an
exaction requirement ent s r u -i_IL_,pLa.gortional to the irn act of the
proposed, develo anent the level nrne'r sallpae
a Le port which measures the impact of the pro ose devei prnent in a
meanin f l way, and shows how. _ the rn pae thus n easure l is ro jaul
proRortional in nature and extent to the exaction requirement.
r E.
INCORPORATION OF DETERMINATION BY PLANNING COMMISSION. he
determination of _pr_oportionalitan the issue made by ills
PyeiQpmQtit Services En itg.nesi.Lshall be incorporated in the Plannirjg
Commission' s cision on each tat application."
That .Section XIII, "Appeal," of "Corpus Christi Platting Ordinance," of the City
SECTION 3. Th � p
of Corpus Christi Municipal Code is amended to read as follows:
"S CTION.XIII - APPEAL,
wr
GENERALLY. Are subdivider contesting any disapproval and/or the
interpretation and/or application of any rule, standard, regulation,
determination, requirement, or necessity set forth in this Ordinance
directly, with the excojko of a rough pr p r ionatrt r dppjnatign - .
the Developrnent Sexvi s n ineerr per §V-1,. or by delegation of
authority, shall have the right, after filing a written request with the
Secretary of the Planning Commission, to have a hearing thereon before
the Planning ni Commission within twenty -one (21) days after the date of
filing of such request. Any subdivider not satisfied with the ruling f the
g �
Planning Commission, shall have the right to appeal such rulings or
decisions to the City Council of the City of Corpus Christi by giving
written notice to the City Secretary within fifteen (15) days after the final
y
hearing g
before the Planning Commissi
Page 3 of
rulings or decisions to the City Council in accordance with the same
provisions, .s, if the Planning Commission is not in co mpliance wi
Page 4 of
SCION 4. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 5. 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 it shall not affect any other section, paragraph, subdivision, clause,
p etent
word or provision of this ordinance, for it is the definite intent of the City Council that
phrase, p ; , ,
section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
every se � p
and effect for its purpose.
1-1: \I E -DI I hared\ ar la enda1 2008 1- 1 l D- Plattin a tion080110.da
Page 5 of
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of , 2008, by the following vote:
Henry Garrett _ Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon .. -
Bill Kelly -
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal -- -
Melody Cooper John E. Marez
Larry ii ondo, Sr. Nelda Martinez -
Mike Hummell Michael McCutchon
Bill Kelly -
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando ndo Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: January 21, 2008
By:
Olt
1. y 4. Smith
Assistant City Attorney
For City Attorney
FIAL -DI l hared\ arysla etch\ 2008 11 - 1 D -P1a tin a action0 0 i 1 O.doc
Page l of 18
AN ORDINANCE
AMENDING SECTION V.B. "MINIMUM STANDARDS" OF THE
PLATTING ORDINANCE TO REQUIRE CONNECTION TO APPROVED
TREATED WATER SUPPLY, TO REQUIRE LOOPED WATER LINES,
AND TO MODIFY THE PROVISIONS FOR REIMBURSEMENT AND
DEVELOPER SHARE OF WATER ARTERIAL AND GRID MAIN AND
WATER DISTRIBUTION N LINE CONSTRUCTION COSTS; PROVIDING
A REPEALER CLAUSE; PROVIDING A S VERA. ILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the extension of public water and wastewater facilities should be accomplished in
an orderly and compact manner and the extension of such services beyond undeveloped tracts
results in an unreasonable infrastructure and operational costs for serving the area;
WHEREAS, requiring each lot to be provided with connection to an approved treated water
supply assures property owners of potable water and reduces the possibility of the continued
creation of colonial;
WHEREAS, the installation of dead -end lines places an unreasonable operational burden on the
City's Water Department and requires an unnecessary waste of treated water in order to maintain
the system;
WHEREAS, AS, in order to encourage the compact and orderly development of the City,
reimbursement for the extension of water arterial and grid mains shall be more fully provided to
developments contiguous to existing developments within the City and shall be limited on
expenditures noncontiguous for extensions to noncontguous developments and to developments beyond the
City limits;
WHEREAS, with proper notice to the public, p ublic hearings were held on Wednesday, January
9, 2008, and January 23, 2008, during meetings of the Planning Commission, and on Tuesday,
January 29, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear and be
heard; and
WHEREAS, the City Council has determined that this amendment would best serve public
health, necessity, and convenience and the general welfare of the City of Corpus Christi and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION I. That Section V.13.5. "Waterlines" of the Platting Ordinance" is amended to read as
follows:
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"v. 13. 5. Waterlines.
Page 2 of 18
Thg provisions set forth ire V...a ha11
apply to sections V.,5 .I,5 and �. of thelattlrr
Ordinance.
v. B. 5. a)
Evea
lot within ropsed _ subdivision falling within the
jurdtiofthe City of _Corpus Christi Platting
Qtinaii shall_ 1eroid with access to an approved
treated water sup.ply. The water system shall be designed
in accordance with the Distribution System Standards
published by the Water Division, Corpus Christi, Texas, in
effect at the time of
eenstruetien Planning COi nii ion_ approval of the
subdiision1t,
.. i
B. 5. a) Installation_ permanent mains in the distribution
§ysm that do not_ provide_ for Distribution
S stem. Loo in required - to ensure water
dire ulation and u lit shall brobitLxcep
I
as otherwise ermittd herein. UJ on royal by
City Council,_clead end water supti mains and
distribution mains ma be tern c2Liarilpermitted
when an existing line is ext raded,and the further
ext n i n of the line is already arpgrarnmed to
begin construction -within three yggs, All _witted
dead end lines shall conform to TC Q m irem nts
and standards, as ?ell as city standards. No other
dead end lines are pemiitted, whether they are,
priatl owned orxbll owned.
V. B. 5. a) Water main extensions associated-with. phased
construction that clo not fully_provide - for
P:istriiQn stern Ioo in shall ot b activatefor service Jeyond the _point where loon
requirements are mg, except as otherwise Remitted
i;ierin, Ail permitted
to`C reluirerne.ts and standards, as well asci
Bards. No other dead end lines are permitted
star -- --
whether they are _ privately own ed or ublicly
owned.
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Page 3 of 18
v. B. 5. (3) Where _ - proposed develo met j 1 _ areas
currentl served b Dead - End Ma.jns re,uir
u improvements that provide for
infrastructure -� � �-- -- - - �
establishing_ Distribution S stern Loo ire and
elimination of the Dead End Mains shall be defined.
If these improvements quali as arterial rid or
distribution- main extensions, as qpplicablthey
will be administered in accordance with the
requirements of Section V,..
V. B. 5, b)
v. B. 5. (13) Dead End Main: Any water main, whether_-fir,
distribution, grid arterial, or transmission main that
terminates at a _point other_ than a connection to
another line or main whickprovides for Distribution
System Looping,
v. B. 5. b) Distribution 5 st rr Loy in Alignment or
routingsf water distribution mains in combination
with associated rid or arterial mains- that provides
service to each ad' oiniri ropert usjpg
rninirnurn of two independent routes of water flow.
V. B. 5. c) For • ro • ert located within the Cit Limits on the
effective date of this ordinance before any unit of
a subdivision, or single lot, or tract for which the
zoning is other than single - family or duplex use is
completed and the final plat signed, the developer
will be required to pay to the City of Corpus Christi
a lot fee or acreage fee, whichever is greater, If the
subdivision is zoned for single- family or duplex
use, the developer shall pay the applicable lot or
acreage fee for single- family or duplex use,
whichever is greater, plus a surcharge. This
surcharge will apply to all property, new or existing,
when a service tap is applied for. All lot and for
acreage fees and pro -rata fees will be paid to the
Department of Public - -tiles Development
Services prior to the subdivision plat being released
for filing by the City. Surcharges and tap fees will
be paid to the Department of Public Utilities
concurrently with the tap application for water
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Page 4 of 18
service on individually platted lots /properties.
(1) Arterial Transmission _ arGrid I ain Extensions
co stin 2 o , o less: In the event ef-the
arterial transmission main or grid system is not in
place when required for development, the developer
may shall install that portion of arterial transmission
main or grid main necessary to meet the
Distribution System Standards, Water Transmission
Master flan, and Fire Suppression Rating Schedule,
provided, however the grid system shall be
developed as approximate one mile grids beyond
the existing grid to ensure that sufficient service is
available and further rovding that the cost of
installation _ f that onion o the arterial
p —
transmission main or rid main is $20_11_300 - or less.
y
Each fire hydrant seryin the site oed
�--
deN_Leinient shall rovide fire flow that meets fire
urotection standards for ti_____11___Vpe of building
oce an and c n tr etion ropo ed.-
v. B. 5. (1) (i.) Credits: If the developer installs
such arterial transmission main or grid main, the
developer shall be credited for the actual installati
Page 5 of 18
grid main are greater than the lot/acreage fee, the
developer shall be reimbursed (less any lot/acreage
fee credits) from funds available from the Grid and
Arterial Transmission Mains Trust Fund for that
portion of the arterial transmission main or grid
main installed by the developer up to a maximum of
that which is required by the Distribution System
Standards to complete the next grid loop from the
grid system in place or under construction prior to
the developer's installation, i.e., if any portion of a
grid loop is in place or under construction prior to
the developer's installation, the developer may be
reimbursed for completing that grid loop, plus up to
a maximum of one additional grid loop, if such
installation is required by the Distribution System
Standards. Provided, however, in order to be
reimbursed as set forth in this subsection:
v. B. 5. 0 1 ii. ) (1) The developer must submit an
application for reimbursement,
including all cost - supporting
documentation, to the Director - - -- -
Deputy Director of Development
Services /Special Services algineer
prior to the installation of such
arterial transmission main or grid
main; and
v. B. 5. f) (1) If the Iodation or size of the
developer's proposed arterial
transmission main or grid main is not
consistent with the City's Water
Transmission Master Plan,
Distribution System Standards, and
the Fire Suppression Rating
Schedule, the developer's application
for reimbursement may not be
considered until an amendment to
the Distribution System Standards
has been approved by the City
Council. The developer must
prepare and submit a draft
amendment to the Water Master Plan
and/or Distribution System
Standards to the Director of
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Page 6 of 18
Engineering Services and the
Assistant City Manager for
Development Services. If the
Delirector of Engineerices n S r r
and the Assistant City Manager
approve the proposed amendment,
then the amendment must be
submitted to the Planning
Commission for its recommendation
and then to the City Council for
consideration.
V. B. (1) The submissions for draft
amendments to the water _ -Maw
Plan and/or Distribution System
Standards must address the current
availability of related infrastructure
(including wastewater service,
adequate drainage facilities, and
roads constructed to the standards of
the Transportation Plan) gild. an
analysis of the - --irrrc _ of_ the
increased _demand on the a isti
water distribution stem which
analysis shall also identit the scope
and - sepencrg of water system
lm rovent ecs to rnnta�n
water distribution and fire protection
standards at the site of the proposed
development and all tracts of land
along the route of the proposed
transmission or grid main extensions.
The draft amendment to the Water
Master Plan and/or Distribution
System Standards contain-
main- - a te, s.o, s__ hall jntifyt
scope and sequenciwater
sy irnrovernet esr
maintain the water distribution and
fire protection standards aer-ess—the
of—development—community of _he
City. The fire flow at each fire
hydrant ser i the site of` prep ed
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Page 7 of 18
deveIprnert_ must _ - meet fire
rotection standards for the type of
building oe u anc -and the tug of
cor st ri. ro osed based oil ISO
buildin constniction and fire flow
standards determined by - tl e
Building_ Official or the Fire
Marshal. In - the event of - -
dla reolent between the Building
Official and the Fire- _Marshal
rmxdir_ig fire flow_ st ar ire
riori reuirr'nents _ r _ ISO
buildin occpay class _ and
construction standards i1 the Fire
Marshal's determination _shall b
final and ma be appealed by an
aggrieved- - - party to the
prpcedures for a el of the -- Fire
Marshal's administrative
determinations contained in - the
Cj s most recently _4co ted Fire
Code as it may b.e amended `r i
time to time.
1 (ii.) An arterial transmission main or grid
main construction and
reimbursement agreement has been
approved by the City Council before
the developer starts construction.
Such reimbursement shall only be
made when monies are fully
available in and appropriated from
the Grid and Arterial Transmission
Mains Trust Fund. The order of
reimbursement will be determined
according to the date the arterial
transmission main or grid main
construction and reimbursement
agreement is approved by the City
Council.
v. B. 5. (1) Arterial Transmission and Grid Ma1n Extension
costin more than $200100Q: In the event of the
arterial transmission main or grid system is not in
arty g
place when required for development, the developer
may install that portion of arterial transmission
H ALE - DIR1SharedloarySlagend \ 00811- 1oRD- Platting ]Vat rO 0I 1 O.doc
Pages 18
main or grid main necessary to meet the
Distribution System Standards, Water Transmission
Master Plan, and Fire Suppression Rating Schedule,
provided, however the grid system shall be
developed as approximate one mile grids beyond
the existing grid to ensure that sufficient service is
available and further pr vidin that the cost of
installation of the portion of the arterial
transmission mayor g r i d a i _m re than
$29000.
v. B. 5. 1 ) (i.) Credits: If the developer installs
such arterial transmission main or grid main,
the developer shall be credited for the actual
installation cost up to the amount of his lot
acreage fee, provided an application for
credit, including all cost - supporting
documentation, has been submitted to the
Eingineer—D_eguty Director of evelrrt
Services /Special Services Engineer prior to
the installation of such grid main, and is
approved by said
• ..•. _. Pepuly Director of
Development Services /Special Services
Engineer.
v. B. ii. Reimbursements: If the developer
costs for installation of such transmission
.main or grid main, - -a _required by _tie
Distribution .._ System Standards and _ Fire
Suppression a _RaPpg Schdule are greater
— -
than the lot/acreage fee, the developer may
be reimbursed (less any lot/acreage fee
credits) from funds available from the Grid
and Arterial Transmission Mains Trust Fund
for the cost of that portion of the arterial
transmission main or grid main installed by
the developer
HAL G- DIR1Sharea ar l agenda\ 200811 -2 1 RD- PIattingWate 8O11D.doc
Page 9 of 18
leo , -' if-such-installation-is which exceeds
the amount of the installation cost that is
rot hl ro ortional to them act of the
de elo ment on the Cit and required by the
Distribution System Standards and FJ
aupression Rating
S4iIQas_4eterrniid
Ciy- Council. Provided, however, in
order to be reimbursed as set forth in this
subsection:
5. 1 ) (ii.) (The developer must submit an
application for reimbursement,
including all cost - supporting
documentation, to the
Deputy Director _of Development
Services /Special_ Services_ Epgier
prior to the installation of such
arterial transmission main or grid
main; and
(1) If the location or size of the
developer's proposed arterial
transmission main or grid main is not
consistent with the City's Water
Transmission Master Flan,
Distribution System Standards, and
the Fire i Suppression Rating
Schedule, the developer's application
for reimbursement may not be
considered until an amendment to
the Distribution System Standards
has been approved by the City
Council. The developer • must
prepare and submit a draft
amendment to the Water Master Flan
and/or Distribution System
Standards to the Director of
Engineering Services and the
Assistant City Manager for
Development Services. If the
Ddirector of ineerin Services
and the Assistant City Manager
approve the proposed amendment,
H: LE -DIR1 aced\ arysla enda\2008\ 1 -29\ORD-PlattingWater080 1 I .doc
Page 10 of 1
then the amendment must be
submitted to the Planning
Commission for its recommendation1
and then to the City Council for
consideration.
v. B. 5. 1A) ii. The submissions for draft
amendments to the Water Master
Plan and/or Distribution System
Standards must address the current
availability of related infrastructure
(including wastewater service,
adequate drainage facilities, and
roads constructed to the standards of
the Transportation Plan) and an
anal, s of ___the impact _
in rea ed_ demand on tbexistbg
water distribution system and
idetiting the §cope and suuencing
of water system iwovements
necessary to maintain water
distribution and fire protection
standards at the site of the proposed
development and all tracts of land
along the route of the proposed
transmission or grid main extensions.
The draft amendment to the Water
piaster Plan and/or Distribution
System Standards shall contain a
recommended sequencing of
construction of transmission or grid
main extensions across--
. nest
to maintain water distribution and
f ire _ prtetjon _standards within the
City. The fire flow at each fire
h drat srir the site of the
rpo used deiprnent must meet
fire protection standards for the type
off—.. l ildin - occupanu and
construction Rrpposed, - as determined
by the Building Official or the Fire
Marshal.
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(1) An arterial transmi
Page 12 of 18
V. B. 5A. b)._ Arterial Transmission and Grid Main Extensions: In the
event of the arterial trams ssion main or grid - y tern is not
jp1acewhen re aired for de elapo rent, the developer rr
install that portion of arterial transmission rrY in or grid
main
necessary necessary_to meet the Distribution _S stem Standards
Water Transmission Master r Plan, and Fire - Suppression
Ratirjg edule rovided, however the grid system -shall
be developed as approximate one_ mile- grids beyond tie
existing rid to ensure - that sufficient servi
Page 13 of 18
V. 5B. a) Before an unit subdivision Pr r l .lot, _ fQ tr act r
which the zonin _ is other than sing le -famil or du•lex use
is completed and the" final fat signed the deco er gill be
re uired t _to the City_ fir_ Christi lot fee or
is If the subdivision acreage, whichever. - rester. " -_
zoned for since- family or dui* se e er shal I
- t `cable lot or ere a fee _ for single - arx it of
the a l —
du ) use whic ie er is rester lus a surcharge. 'his
surcha r a will ap 1 to all o ert new or existing when
a service _tap_kmplied. for. All 1,o_ acreage fees and
pro-rata fees w i l l to the - De a_p_L_tment of
Deelo rrentce "prior to the subdlisior lat being
released for filin b the Cit , Surchar es and tap fees
the till illi office concurrently with thg
e paid t� c
top applica0on_ for water service on individually platted
lots ro ernes. If lot and Brea a fees were no aid at the
tine of lattin of the ro rt then lot and acres a fees
shall be char led .rior"to the tinm. p artyivpki __ f th e
or an art thereof i led for record.
v. B.
iB. Arterial Transmission and Grid Main Extensions: In the
event of the arterial _transrisin main or systems no t
imiace
event when required. for
dye1pnt the de relo er
install that portion "of arterial transmission main or grid
main necessary y to meet the Distribution System__Stapd4rds,
Water Transmission faster Plan and Fire Su_ppression
■ - ied however the rid s stem shall
.atinSched "pr "--,
be del as_appLoxmate one mile r�d beyond the
e istin rid to.epsure. that sufficient service is available,
v. _ B. 5B. _ _Reimbursement. _In the event the arterial transmission main
or rid stem required.. to e " the ieve19pniiLwas
ja11e4bvanother then the suse uent develo r s shall
be re, uired to .p u. an amount a ual to - the _ _ cast of
installation of the - arterial transmission issio main or rid system
- -. - -- -- - -- arterial - -�
required to "serge the develament determined on a prorata
k4.is, The amity shall colle.ct " from a developer conns_ctirg
to the_ main installed" by another " a - pratareimurrriert
based on capacity used;
pro Rata Kpimbutit $Cost of additional- capa lj
X (Total demand created. _ new eyelpmr t Total
additional ca cit inall r ri Jiy_pmvious
development)
where ■
Oost of additional capaeit= (Totalcost of s stem
installed b
-- ri . final develo . er - Estimated Cost of
o
14 ALE -DI 1Sharedl arySlagenda1200 11 -2 ‘ D- Piston at r 1 I .doe
Page 18
n irjinurn system required service only origins
clevelo rnent as roved by CitEnineer
plus_ aue� d intere- st , until cost of - --
i
reimbursed to the develmer or to the utility_that funded or
pu/chasectrovements.
v. B. 5. (2) Distribution Main Extensions: When a subdivision,
single lot, or tract is developed witin the city
limits and within an existing grid or in the adjacent
grid area, but is not adjacent to the grid main, the
extension of a water line may be made to serve this
property either by the City or the developer if such
extension is necessary to meet the Distribution
System Standards. The "maximum extension" shall
be limited to one -half mile (2,640 feet) or, if the fee
value of the property does not equal 50 percent of
the off -site extension cost, the extension will not be
made unless the developer provides the difference
up to 50 percent of the off -site - e tension cost,
which difference shall be non-reimbursable.
v. B. 5. (2) (i.) Credits: If the developer installs such
distribution main within the city limits, the
developer er shall be credited for the actual
off-site installation costs up to the amount of
his lot acreage fee, provided an application
for credit, including all cost-supporting
documentation, has been submitted to the
Engineer - Deputy Director of Development
Services /Special Serviced Erinee r prior to
the installation of such distribution main,
and is approved by said Director of
Engineering Services /City Engineer.
v. B. 5. (2) (ii.) If the developer
costs for installation of such distributi
Page 15 of 18
extension's criteria described above.
Provided, however, i
Page 16 of 18
service, adequate drainage facilities,
and roads constructed to the
standards of the Transportation Plan)
at the site of the proposed
development and all tracts of land
along the route of the proposed
distribution main extensions. The
draft amendment to the Distribution
System Standards should contain a
recommended sequencing of
construction of distribution main
■
eaten i ons
■
■
_Necessary • -
to maintain water distribution and
fire rotecion standards with _the
rjtylvic e area.
v. B. 5. (2) (ii.) (4) An distribution main extension
construction and reimbursement
agreement has been approved by the
City Council before the developer
starts construction. Such
reimbursement shall only be made
when monies are fully available in
and appropriated from the
Distribution Mains Trust Fund. The
order of reimbursement will be
determined according to the date the
distribution main extension
construction and reimbursement
agreement is approved by the City
Council. In instances where
properties are adjacent to a
distribution main installed by others,
a front foot pro -rata fee per foot will
be charged for that portion of the
main fronting the property, to be
paid when the property is
developed."
SECTION 2, That Section �. . . j, "Required Im rovements; Minimum Standards;
Waterlines," of the Platting Ordinance is repealed:
v. 13. 5. si)
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Page 17 of 18
(})-
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION . ff, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision sron 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 the City Council that
every section, Lion paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION . A violation of this ordinance or requirements implem nted under this ordinance
constitutes an offense punishable under Section 1-6 of the City Code of Ordinances.
SECTION , That publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi,
SECTION 7. This ordinance shall take effect upon and after publication of this ordinance.
ALE -DIR Sharedl arySlag nda1200811 -291 D- Platon apt r0 0110.do
Page 18 of 18
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of _ , 2008, by the following vote:
Henry Garrett riscilla G. Leal
Melody Cooper _ _ John E. tare
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon - -
Bill Kelly
That the foregoing
ordinance was read for the second time and passed finally on this the
day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Hondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly - -
PASSED AND APPROVED, this the - day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 21, 2008
By:
Gary . Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
H:IL1 - DIRMaredl racy \a enda1200 \1- 2 1 D- Platting ater08011 O.doc
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9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _01/29/08 /29(08 -_...
AGENDA ITEM: Ordinance continuing the Curfew Ordinance for Minors, the Code of
Ordinances, City of Corpus Christi, Section 33-40, 33-41, 2 and 3-43.
ISSUE: Section 370.002 of the Local Government code requires a city, on the third
anniversary of its juvenile curfew ordinance and every third year thereafter, to review
the ordinance's effects on the community and on problems the ordinance was intended
to remedy, to hold public hearings on the need to continue the ordinance, and to
determine whether to abolish, continue, or modify the ordinance. Section 370.002 (b)
of the Local Govemment code provides that failure to act in accordance with Section
370.002 shall cause the ordinance to expire.
REQUIRED COUNCIL ACTION: Readopting the ordinance.
PREVIOUS s COU CIL ACTION: The curfew ordinance was last reviewed by City Council
in February 200 5.
FUNDING: No funding is involved.
CONCLUSION AND RECOMMENDATION: : Staff recommends s readopting the ordinance.
Bryan P. Smith
chief of Police
Attachments:
Attachment A - number of violations compared to the number of juvenile arrests
Attachment B — number of juvenile arrests for urines against Persons and Crimes against Property
BACKGROUND INFORMATION
Corpus Christi has had curfew ordinance since the 1950's, generally restricting
minors (under 17) from being in a public place between the hours of 11 :00 PM and 6 :00
AM. The ordinance was amended in 1 991 to update it in accordance with court
decisions, mainly clarifying exceptions to the ordinance. The exceptions permit a
juvenile to be in a public place during curfew hours for legitimate reasons such as
attendance at activities sponsored by civic organizations, employment, an emergency,
or while accompanied by a parent or person over 21 with the parent's consent.
In 1994, the ordinance was amended to include a daytime curfew from 9 :00 AM to 2 :30
PM on school days, which was designed to complement ent truancy laws. The ordinance
was amended in 1995 to expand the daytime juvenile curfew from 2 :30 PM to 4 :00 PM.
A student violates the daytime curfew if he is not in school during the specified hours.
The curfew ordinance also prohibits a parent from permitting their child to violate
curfew, prohibits any person from inducing or assisting a minor to violate curfew, and
prohibits an establishment from permitting minors to remain on the premises in violation
of curfew.
In June of 1996 the Police Department began a stepped up enforcement program of the
evening curfew. During 1 996 the number of curfew violations issued reached a high of
2,755 with 82% issued for violations during the evening hours. In 2007 the number of
violations issued was 964 with 42% issued for evening hours violation. 1 Attachment A
displays the number of violations as compared to the number of juvenile arrests since
1996.
The Police Department believes the curfew ordinance is a very valuable tool for taw
enforcement in curbing juvenile crime. The total number of juvenile arrests has
decreased from 2,852 in 1994 (pre- daytime curfew) to 646 in 2007. From 1996 to
2007, juvenile arrests for violent crimes (Homicide, Rape, Robbery, and Aggravated
Assault) decreased 76% from 135 to 33 and non- violent crimes (Burglary,
Larceny Theft, Motor Vehicle Theft) decreased 75% from 772 to 193. Attachment
displays the number of juvenile arrests for Crimes against Persons and Crimes against
Property.
Major changes in the juvenile crime rate since 1994 are reflective of numerous
successful efforts with the curfew law being an integral and critical tool. The Juvenile
Enforcement Team and the Juvenile Assessment Center are key programs that have
used the ordinance to assist in the reduction of the juvenile crime rate. Overall, the
effectiveness of the curfew ordinance is evident through these arrests statistics and in
the overall reduction of crime involving juvenile offenders.
1 citation Data provided by Municipal Court
2 Arrest Data provided by CCPD E04 report
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CURFEWSTATISTICS Part One juvenile arrests
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AN ORDINANCE
CONTINUING THE CURFEW ORDINANCE FOR MINORS, THE CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, SECTIONS 33 -40.33-41, 33.42
AND 33-43, AND DECLARING AN EMERGENCY.
WHEREAS the City Council of the City of Corpus Christi has previously
adopted ordinances relating to curfews for minors and found at Sections 33-40,
33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; and
WHEREAS, as provided in Section 370.002 of the Texas Local
Government Code, the City Council must review the curfew ordinance every
three years to determine whether such ordinance should be abolished, continued
or modified; and
WHEREAS Corpus Christi continues to experience juvenile violence,
juvenile crime and juvenile gang activity, resulting in juveniles being involved in a
range of unacceptable behavior to include vandalism, assaults, public
consumption of alcoholic beverages, littering, illegal drug use and burglaries; and
WHEREAS persons under 17 years of age are particularly susceptible by
their lack of maturity and experience to participation in unlawful and potentially
harmful activities, and to becoming victims of other perpetrators of crime, and
Corpus Christi has no more important resource than its young people; and
WHEREAS a lack of parental supervision and guidance contributes to
unacceptable levels of juvenile violence, crime and gang activity, and parental
responsibility needs to be supported; and
WHEREAS attendance at school by minors is vital to the community
because it helps prepare children to be responsible citizens, and a curfew during
school hours reduces distractions and alternatives which induce non - attendance
and activities detrimental to minors and to the community, and compliments taws
compelling school attendance and discourages violations of those laws; and
WHEREAS it is necessary for the City of Corpus Christi to exercise its
authority to protect minors from each other and from other persons, to promote
parental control and responsibility for children, to supplement state truancy laws,
to protect the general public, and to reduce juvenile criminal and delinquent
activities; and
WHEREAS the City Council determines, pursuant to the above findings,
that the public health and safety demands continuation of the ordinance
establishing a curfew for minors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The curfew ordinance found at Sections 33-40, 33 -41, 33-42, and
33-43 of the Code of Ordinances, City of Corpus Christi, is hereby continued.
SECTION 2. 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 January 29, 2008.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Approved as to legal fora Duel /7- 2008
By:
Jose h 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, !Ave request that you suspend said
Charter rule and finally pass this ordinance on the date of its introduction, or at the present
meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
10
AGENDA MEMORANDUM
DATE: January 29, 2008
SUBJECT: 1-69/Trans-Texas Corridor Project
AGENDA ITEM:
Resolution supporting the Draft Environmental Impact Statement recommendations for
the proposed 1-69/Trans-Texas Corridor project.
ISSUE: The proposed 1 -69 highway is a planned 1 ,600-mile national highway connecting
Mexico, the United States and Canada. I -69 in Texas will be developed under the Trans -
Teas Corridor master plan. The Tier One Draft Environmental Impact Statement was
completed in November 2007 and public input is being solicited from eight cities in the
Corpus Christi District. This resolution will indicate the support of the City Council for the I-
69/Trans-Texas Corridor.
FUNDING: N/A
RECOMMENDATION: DATION: Staff recommends approval of the Resolution as presented.
Varr
gel R. Escobar, RE.,
Interim Assistant City Manager
Additional S • . ort Material:
Exhibit "A" Background Information
Exhibit "B Resolution
H: 1MOE1LYNDASIENIStreetsITcDO1119 Impact SlatementIAGENDA MEM.doc
BACKGROUND INFORMATION
SUBJECT: I- 69Trans -Texas Corridor Project
RESOLUTION DESCRIPTION: The proposed Resolution endorses the City Council's
support of the l-69/Trans-Texas Corridor project as a means to encourage the construction
of the following three projects important to our region:
1. An upgrade of US -77 to the Lower Rio Grande Valley to interstate standard,
2. That it provides a freight connection between the inland Port of Laredo and the
Port of Corpus Christi, and
8. That is provides for dedicated freight and rail connections between Corpus
Christi and Fort Hood for the deployment of our armed forces.
PROJECT BACKGROUND: On Tuesday, January 15, 2008, Craig Clark, P.E., the Corpus
Christi District Engineer for the Texas Department of Transportation (TxDOT) made a
presentation to the City Council on the 1 -69 Texas Transportation Corridor (TIC). This
project is a planned 1,600 --mile national highway connecting Mexico, the United States and
Canada. 1 -69 in Texas will be developed under the Trans - Texas Corridor master plan.
TxDOT, in coordination with the Federal Highway Administration, released the Draft
Environmental Impact Statement (DEIS) for the proposed project. The DEIS is a 1 ,072
page report resulting from nearly three years of work with local officials and input from
citizens through hundreds of public meetings, which analyzes a wide, 650 -mile long study
area stretching from far south Texas to extreme northeast Texas. As a result of the public
comment, the report recommended continued environmental studies on the ITC, focusing
on using existing highways first with new corridors as a secondary option. To solicit
additional pubic comment, a series of Town Hall Meetings to explain the DEIS and formal
Public Hearings to receive comments will be held along the 1 -69TTC alignment route.
Meetings planned in the Corpus Christi District include:
• Town Hall Meetings:
O Ten (1 0) Town Hall Meetings will be held throughout January and February
2008.
O The Town Hall Meetings will be less formal and allow for the exchange of
questions and answers.
O One (1) meeting is scheduled for the Corpus Christi District. It will be
held:
• February 6, 2008 at 6:30pm at the
Robstown Regional Fairground Conference Room
H:11-IOMElLYNDA I EN1Streets1TxD T1I.69 tatement \BA F R UND,doc
• Formal Public Hearings:
O There will be forty-six (46) Public Hearings along the I- TTC alignment
route.
O Eight of the Public Hearings will be held in the Corpus Christi District.
O A Public Hearing will be held in Corpus Christi on:
• February 14, 2008 at the Omni Bayfront Hotel
• :00 :30: Open House
• 6:30: Start of Public Hearing
The DEIS says that the I-69/TTC will make transportation safer, faster, more reliable and
provide for faster hurricane evacuation. T D T is complying with public requests and is
exploring improvements to existing highways and infrastructure, including US 77 and US
281. Public comments for this area have recommended a better, more direct connection
between the Port of Corpus Christi and the inland Port of Laredo and the Port of Houston.
The DEIS public comment and formal public hearings are anticipated to be concluded in
March 2008 and a Tier One Environmental Impact Statement Record of Decision is
anticipated in Late 2008.
H :1H ME\LYNDA \ ENISlreets %TxDOflI- 9Irr act StatementkBACKGROUND.doc
A RESOLUTION
SUPPORTING THE DRAFT ENVIRONMENTAL TAL IMPACT STATEMENT
RECOMMENDATIONS DATIONS FOR THE PROPOSED 1-69/TRANS-TEXAS
CORRIDOR PROJECT
WHEREAS, the Texas Department of Transportation (TxDOT), in coordination with the
Federal Highway Administration, released the Draft Environmental Impact Statement
(DEIS) for the proposed 1-69/Trans-Texas Corridor project,
WHEREAS, the DEIS says that the 1-69/Trans-Texas Corridor (I-69/17C) will make
transportation safer, faster, more reliable and provide for faster hurricane evacuation;
WHEREAS, the 1,072 page report, the result of nearly three years of work with local
officials and input from citizens through hundreds of public meetings, analyzes a wide,
650 -mile long study area stretching from far south Texas to extreme northeast Texas;
WHEREAS, as a result of public comment, the report recommended continued
environmental studies on I-69/TM focusing on using existing highways first with new
corridors as a secondary option;
WHEREAS, TxDOT is doing as the public asked and is exploring improvements to
existing highways and infrastructure including US 77 and US 281;
WHEREAS, TxDOT pointed to public comments urging a better, more direct connection
between the Port of Corpus Christi and the inland Port of Laredo and the Port of
Houston;
WHEREAS, TxDOT will conduct formal public hearings on the environmental study
throughout the study area with the focus strictly on the DEIS document designed to
gather public comments solely on the document;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That the 1-69/Trans-Texas Corridor process be used to encourage the
construction of the following three projects important to our region: 1 upgrade US -77 to
the Lower Rio Grande Valley to interstate standard, (2) provide a freight connection
between the inland Port of Laredo and the Port of Corpus Christi and, (3) provide
dedicated freight and rail connections between Corpus Christi and Fort Hood for the
deployment of our armed forces.
EXHIBIT "B"
Page 1 of
F :1HOMElLYND S‘ EN treets \TxDOT1I- 9 Impact StatementiRESO 4 TxDot.doe.rtF
Page2of3
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: January 21, 2008
,_e if
G.' Smith
Assistant City Attorney
For the City Attorney
Henry Garrett
Mayor
EXHIBIT ""
Page 2 of 3
1-1:11-10MBLYNDASIGEMStreetsMDOTII-69 Impact StatementRESO 4 TxDot.do .rtf
Corpus Christi, Texas
of 2008
0
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
H:1H IEIL IDAS\ EN1 tre is \TxD fl - Impact Statement‘RESO 4 T cDot.do .rtf
EXHIBIT "B"
Page 3 of 3
11
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 29, 2008
AGENDA ITEM:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Susser Holdings
Corporation granting $640,000 in business incentives for the creation and retention
of jobs and relocation of corporate headquarters in Corpus Christi.
E. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to Susser Holdings Corporation for the creation and retention of jobs and
relocation of its corporate headquarters in Corpus Christi.
ISSUE: To assist in the creation and retention of jobs in Corpus Christi to maintain city's
economic base.
PREVIOUS COU CIL ACTION: None
CONCLUSION AND RECOMMENDATION: MENDATION: staff recommends approval to grant business
incentives to Susser Holdings Corporation in the amount of $640,000 payable in five
annual payments of $128,000 for a capital investment of at least $3,000,000, the relocation
and retention of 11 full- time employment positions, the creation and retention of at least 36
full- time employment positions and the retention of 216 jobs.
ma Ca • - Hero
Director of Economic Development
BACKGROUND INFORMATION
Founded in 1938 by the Susser family, Susser Holdings Corporation, a publicly- traded
Corpus Christi -based corporation (NASDAQ symbol: SUSS), is the largest non- refiner
convenience store operator and motor fuel distributor in Texas.
Stripes LLC, the retail arm of Susser Holdings Corporation, directly operates over 320
retail convenience stores in Texas and Oklahoma and over 135 Laredo Taco Company
restaurants. Stripes has experienced dynamic growth and is now one of the Top 20
convenience store chains in the United States.
In November 2007 Susser Holdings Corporation completed its acquisition of TCFS
Holdings, Inc., the parent company of San Angelo, Texas -based Town & Country Foods
Stores, Inc. With this acquisition, Susser Holdings Corporation, now with more than 500
stores, is one of the largest convenience store operators in the Southwest. Susser
Holdings Corporation now has a retail presence in South Texas, Oklahoma, West Texas
and Eastern New Mexico.
Susser Holdings Corporation is one of the largest employers in Corpus Christi with
approximately 1,19 local employees. The majority of these employees are employed in
the Stripes convenience stores located throughout the area; 216 of these employees are
employed at the Susser Holdings Corporation's corporate offices located at 4433 Baldwin
Boulevard. By the end of 2009, Susser Holdings Corporation plans to invest an estimated
$3,000,000 in new furniture, fixtures and equipment at the former APAC building located at
4525 Ayers Street and relocate the corporate offices to the Ayers Street building.
The acquisition of Town & Country Food Stores will allow Susser Holdings Corporation to
relocate 11 former Town & Country Food Stores employees to Corpus Christi from San
Angelo; in addition 36 new local jobs will be created over the next 5 years. These
additional employees will be based at the corporate office in Corpus Christi representing
$2,825,000 in new payroll at an average annual salary of $60,196 per job.
Sunints and Monitoring 13121jrements
Susser Holdings Corporation agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• Provide a yearly report certifying the status of compliance of new jobs created, new
investments and any other relevant information
• Allow the Corporation (4A Board) and its designee, Corpus Christi Regional
Economic Development Corporation, reasonable access to Susser Holdings'
construction site to allow for verification of construction progress.
• Allow the Corporation (4A Board) and its designee, Corpus Christi Regional
Economic Development Corporation, reasonable access to Susser Holdings'
employment records and books to verify employment.
• By January 31 of each year of the agreement, Susser Holdings agrees to provide
the Corporation (4A Board) with a s worn certificate by its corporate officer in charge
of personnel certifying the number of full -time permanent employees at its facilities
as of December 31 of the previous calendar year; the number of full-time permanent
jobs created during the previous calendar year, with hourly wage; and, the
cumulative salary and wage information for all employees at the Corpus Christi
facility during the previous calendar year.
SummarYof Employment Requirements
Susser Holdings Corporation agrees to fully and timely comply with the following
provisions throughout the term of the agreement:
• Relocation and continued staffing of 11 full- time employment positions, the creation
and continued staffing of a minimum of 16 full - time employment positions and the
retention and continued staffing of 216 full -time employment positions with an
average annual salary of $50,470 by December 31, 2008
• Creation and continued staffing of a minimum of 5 additional full -time employment
positions, retention and continued staffing of 243 full -time employment positions
with an average annual salary of $54,290 by December 31, 2009
• Creation and continued staffing of a minimum of 5 additional full -time employment
positions, retention and continued staffing of 248 full - time employment positions
with an average annual salary of $54,000 by December 31, 2010
• Creation and continued staffing of a minimum of 5 additional full -time employment
positions, retention and continued staffing of 253 full -time employment positions
with an average annual salary of $53,740 by December 31, 2011
• Creation and continued staffing of a minimum of 5 additional full -time employment
positions, retention and continued staffing of 258 full -time employment positions
with an average annual salary of $53,480 by December 31, 2012
Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND SUSSER
HOLDINGS CORPORATION GRANTING $640,400 IN BUSINESS
INCENTIVES FOR THE CREATION AND RETENTION OF JOBS
AND RELOCATION OF CORPORATE HEADQUARTERS IN
CORPUS CHRISTI
WHEREAS, there is
need for an agreement between the Corpus Christi
Business and Job Development Corporation and Susser Holdings Corporation
(Susser Holdings) to
grant $640,000 in business incentives to Susser Holdings
retention of jobs and relocation of its corporate headquarters
for the creation and
in Corpus Christi.
NOW, THEREFORE, BE
IT RESOLVED BY THE C1TY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the performance based agreement between the Corpus Christi
Business and Job Development Corporation elo ment Cor (4A Board) and Susser Holdings,
which is attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 21, 2008
. Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H: ,E -DIF I hared\ er lagendal 00 \1- 9\ es -user Holdings incentives.doo
Page 2 of 2
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla a. Leal
John E. Mare
Nelda Martinez _
Michael McCutchon
H :1 LEG -DI \ Shared\ ary \agenda\ 00 11- 9 \1 es- Susser Holdings Incentives.doc
AGREEMENT TO GRANT BUSINESS INCENTIVES ES To
SUSSER HOLDINGS CORPORATION,
,
FOR THE CREATION AND RETENTION OF JOBS
This Agreement to Grant Business Incentives for the Creation of Jobs ("Agreement") is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporation"), a Texas corporation organized under .A.C.S. Art. 5190.6, Sec. 4A, with
mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and Susser Holdings
Corporation, ("Susser Holdings"), a Delaware corporation authorized to do business in the
State of Texas, with principal place of business at 4433 Baldwin Boulevard, Corpus Christi,
Texas 78408.
I. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax - supported non-profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas.
1.2. Project. The project and performance requirement to be implemented by means of this
agreement are generally described as follows:
The relocation of the corporate offices of Susser Holdings Corporation from 4433 Baldwin
Boulevard, Corpus Christi, Texas, to 4525 Ayers, Corpus Christi, Nueces county, Texas, with
the acquisition of new furniture, fixtures, and equipment for the new corporate headquarters
before the end of calendar year 2009, for total Susser Holdings capital investment of at least
Three Million Dollars ($8,000,000); the relocation to Corpus Christi from San Angelo and
retention of eleven 11 full- time employment positions for former Town & Country Food
Stores employees and the creation and retention of at least thirty -six (36) full -time
employment positions (these forty -seven full- time employment positions represent
$2,825,000 in new payroll and an average of $60,106 per job), and the retention and
continuous employment of a minimum of two hundred sixteen (216) full -time employment
positions for a total of two hundred sixty -three (263) full -time employment positions before the
end of calendar year 2012, with an annual gross payroll of $1 1,240,000 and an average
wage of $52,037 per position; and the continuing operation of the corporate headquarters
facility in Corpus Christi, all in accordance with the schedules contained herein. [Hereinafter,
any references to average annual salary shall mean average annual wage or salary as
reflected by total W -2 compensation]. The performance requirements shall be continuously
maintained during the entire term of this agreement.
mOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
TS
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT T CO PORATIOI
Page 1 of 1
.1 Mon v Grant: Corporation will convey b y grant to Susser Holdings a total
of Six Hundred Forty Thousand Dollars ($640,000) in five q ual annual increments of
One Hundred Twenty -eight Thousand Dollars ($128,000) each, as set forth in
Schedule A, subject to the performance requirements of Susser Holdings and the
conditions precedent as set forth in Schedules A, B, and C and that Susser Holdings
has timely and fully compiled with all applicable terms and conditions contained in this
agreement. All Corporation payments are subject to the Susser Holdings' successful
completion of all of performance requirements outlined in this Agreement.
Failure by Corporation to timely and fully comply with any performance requirement shall be
an act of default by Corporation giving Susser Holdings, as its sole remedy, the right to the
contracted amount to be conveyed and further being limited to the terms and conditions
contained in Article VII, paragraph 7.1, hereof.
2.2 BY SUSSER HOLDINGS CORPORATION
.1 Investment—Production Facility: Susser Holdings agrees that it shall relocate
its corporate headquarters to 4525 Ayers Street, Corpus Christi, Texas and occupy the
location for four years beginning January 1, 2010, and ending December 31, 2013.
Susser Holdings shall expend a minimum of Three Million Dollars ($3,000,000) for new
furniture, fixtures, and equipment at the new corporate headquarters at 4525 Ayers
Street, Corpus Christi, Texas, on or before December 31, 2009, as set forth in
Schedule B below.
Failure by Susser Holdings to timely and fully comply and to continue to comply with
any performance requirement of this agreement shall be an act of default.
.2 Employment:
Susser Holdings agrees that it shall retain, create, staff and maintain full -time
employment positions for its corporate headquarters in Corpus Christi, Nueces
County, Texas, as set forth in Schedule C.
The jobs shall be primarily engaged in serving a customer base outside a 50-mile
radius of the city of Corpus Christi.
Failure by Susser Holdings to timely and fully comply and to continue to comply with any
performance requirement of this agreement shall be an act of default.
111. REPORTING AND MONITORING
3.1 Reports and Monitoring: Susser Holdings agrees to the following reporting and
monitoring provisions, and failure to fully and timely comply with any one requirement shah
constitute an act of default.
.1 Susser Holdings shall provide a yearly report certifying the status of compliance
though the life of the agreement of new jobs created, new investments and any other
relevant information. Documentation for jobs may be in the form of quarterly IRS 941
returns, Susser Holdings employer Quarterly Reports, or employee rosters that show
Economic Development Performance Agreement Susser Holdings
Page 2 of 17
the hours worked and the positions filled, and such other reports as may reasonably
be required.
.2 Susser Holdings, during normal working hours, at its Corpus Christi, Texas,
facility, shall allow corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to Susser Holdings' construction site to
allow Corporation to verify construction progress.
.3 Susser Holdings, during normal working hours, at its Corpus Christi, Texas,
facility, shall allow Corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to Susser Holdings' employment
records and books, to verify employment and all other relevant records related to each
of the other economic development considerations and incentives, as stated in this
agreement, but the confidentiality of such records and information shall be maintained
by Corporation and its designee, Corpus Christi Regional Economic Development
Corporation, unless such records and information shall be required b y a court order, a
lawfully issued subpoena, or at the direction of the Office of the Texas Attorney
General.
.4 By January 31 of each year of this Agreement, Susser Holdings agrees to
provide corporation with a sworn certificate by its corporate officer in charge of
personnel records certifying the following:
(1) the number of full -time permanent employees at its Facilities as of December
31 of the previous calendar year;
(ii) the number of full - time permanent jobs which were created during the
previous calendar year, with hourly wage, and
(iii) the cumulative salary and wage information for all employees at the Corpus
Christi facility during the previous calendar year.
IV. COVENANTS, WARRANTIES, TIES, OBLIGATIONS AND DUTIES
4.1 Susser Holdings makes the following covenants and warranties to Corporation, and
agrees to timely and fully perform the following obligations and duties. Any false or
substantially misleading statement contained herein or failure to timely and fully perform as
required in this agreement shall be an act of default by Susser Holdings. Failure to comply
with any one covenant or warranty shalt constitute an act of default by Susser Holdings.
1. Susser Holdings is a Delaware corporation authorized to do business in Texas and
has all corporate power and authority to carry on its business as presently conducted
in Corpus Christi, Texas.
.2 The execution of this agreement has been duly authorized by Susser Holdings'
governing body, and/or those managers having such authority pursuant to Susser
Holdings' current Operating Agreement, and the corporate officer signing this
agreement is an officer of the corporation, empowered to execute such agreement and
bind the corporation, said authorization, signing and binding effect is not in
Economic Development Performance Agreement — Susser Holdings
Page 3 of 17
contraventi
ownership interest, without prior written notice to the Corporation, the Corpus Christi
Regional Economic Development Corporation, and City of Corpus Christi and prior
written consent from the Corporation and the City of Corpus Christi. Such consent
shall not be unreasonably withheld.
.12 Susser Holdings shall notify Corporation in writing of substantial changes in
management within seven days. Substantial changes mean changes in Chairman
of the Board, President, C.E.O. or area management.
.13 Susser Holdings has received a copy of the Texas Development rent Corporation Act
of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Agreement must be utilized solely for purposes authorized
under State law and by the terms of this Agreement.
.14 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then
Susser Holdings agrees to repay such funds to the Corporation within 30 days of
written notice requesting reimbursement.
.15 If an audit determines that the funds were not used for authorized purposes,
Susser Holdings agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
.16 There are no bankruptcy proceedings currently pending concerning Susser
Holdings, nor are any such proceedings contemplated by Susser Holdings, as of the
date of execution of this Agreement by Susser Holdings.
.17 Susser Holdings will not discriminate nor permit discrimination against any person
or group of persons, with regard to employment and the provision of services at, on, or
in the Facility, on the grounds of race, religion, national origin, marital status, sex, age,
disability, or in any manner prohibited by the laws of the United States or the State of
Texas.
.18 Susser Holdings agrees to provide information, reports, or statements respecting
its business operations and financial condition as Corporation may reasonably request
from time to time.
.19 Susser Holdings does not and will not knowingly employ an undocumented
worker.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
v. SUSPENSIONS/TERMINATIONS
5.1 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement and recapture from Susser
Holdings any of the money grants, loans, or consideration paid by Corporation to Susser
Economic Development Performance Agreement—Susser Holdings
Page 5 of 1
Holdings representing the milestone(s) or performance requirement(s) or percentage of the
milestone(s) or performance requirement(s) not met, without liability to SUSSER HOLDINGS,
upon any one of the following events, which are an act of default.
.1 The appointment of a receiver of Susser Holdings, or of all or any substantial part
of its property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
.2 The adjudication of Susser Holdings as bankrupt.
.3 The filing by Susser Holdings of a petition or an answer seeking bankruptcy,
receivership, reorganization, or admitting the material allegations of a petition filed
against it in any bankruptcy or reorganization proceeding.
.4 The conviction of Susser Holdings of a violation of 8 U.S.C. Section 1 32 a f .
L DEFAULT
6.1 Events of Default. Should Susser Holdings fail to timely, fully and completely comply
with any one or more of the requirements, obligations, duties, terms, conditions or warranties
of this agreement such failure shall be an act of default by Susser Holdings and, if not fully
and completely cured and corrected or explained by Susser Holdings within thirty (30) days
after wrtten notice to do so, Corporation may terminate this agreement and pursue all legal
remedies as provided by law, provided however that Susser Holdings' liability under this
agreement shall be limited to the immediate return by Susser Holdings to Corporation of the
money grants, loans, or consideration previously paid by Corporation to Susser Holdings, the
maximum lawful rate of interest on all money paid to Susser Holdings until fully repaid,
reasonable attorney fees and cost of court to collect such money, and the termination of all
further obligations on behalf of Corporation under this agreement Neither Corporation nor
Susser Holdings shall be liable to any party for any alleged consequential damages, including
but not limited to Toss of funds, loss of revenue, loss of financing, and /or any other damages
that are classified as "special damages." Additionally, the following events shall constitute a
default of this Agreement:
.1 The Corporation or city determines that any representation or warranty on behalf of
Susser Holdings contained in this Agreement or in any financial statement, certificate,
report, or opinion submitted to the Corporation in connection with this Agreement was
incorrect or misleading in any material respect when made;
.2 Any judgment is assessed against Susser Holdings or any attachment or other levy
against the property of Susser Holdings with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
.3 If taxes on the Facility become delinquent, and Susser Holdings fails to timely and
properly follow the legal procedures for protest or contest.
.4 Susser Holdings changes the general character of business as conducted of the
date this Agreement is approved by the Corporation.
.5 Foreclosure or sale of the Facility.
Economic Development Performance Agreement —Susser Holdings
Page 6 of
6.2 In the event of unforeseeable third party delays in the construction of the
Improvements or force majeure and upon a reasonable showing by Susser Holdings that it
has immediately and in good faith commenced and is diligently and continuously pursuing the
correction, removal or abatement of such delays by using its best efforts, Corporation may
consent to and excuse such delays, which consent and excuse shall not be unreasonably
withheld. Failure by Susser Holdings to use its best efforts as required in this paragraph shall
be an act of default. Force majeure means severe weather such as hurricanes, tornadoes,
flooding, wars, riots, and the unavailability of necessary and essential equipment and
supplies from all sources.
6.3 Any delay for any amount of time by Corporation in providing notice of default to
Susser Holdings shall in no event be deemed or constitute a waiver of such default by
Corporation of its rights and remedies available under this agreement, or in law or equity.
6.4 Any waiver granted by Corporation to Susser Holdings of any covenant or condition,
the breach of any covenant or condition of this Agreement, or of an act of default shall not be
deemed or constitute a waiver of any other existing or future breach of a covenant or
condition, or act of default by Susser Holdings or of a subsequent breach of the same
covenant or condition or act of default of the same act or event by Susser Holdings.
6.5 No waiver of any covenant or condition, or the breach of any covenant or condition of
this Agreement, justifies or authorizes the nonobservance on any other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.6 Any waiver or indulgence of Susser Holdings's default may not be considered an
estoppel against the corporation.
6.7 Failure of SUSSER HOLDINGS to meet a milestone or performance requirement as
set forth in the Schedules attached to this Agreement in any one year of this Agreement does
not preclude the corporation from awarding the incentive or withheld percentage thereof to
Susser Holdings for accomplishment of the milestone or perfomiance requirement in a
subsequent year, in addition to the milestones or performance incentives for such
subsequent year.
6.8 In the event that this agreement is terminated by Corporation or Susser Holdings
commits an act of default that is not timely corrected and cured, Susser Holdings shall
imrediately return to Corporation the money grants, loans, or consideration previously paid
by Corporation to Susser Holdings and Corporation shall be relieved of any further
obligations under this agreement.
6.9 In the event that Susser Holdings is convicted of a violation under 8 U.S.C. Section
1 324a f , Susser Holdings shall repay the amount of the incentives paid by the Corporation
with interest, at the rate set forth hereinabove, not later than the 120th day after the date the
Corporation notifies Susser Holdings of the violation.
II. CORPORATION'S LIABILITY LIMITATIONS
7.1 Payments: Susser Holdings specifically agrees that Corporation shall only be liable to
Susser Holdings for the actual amount of the money grants or loans to be conveyed to
Economic Development Performance Agreement — Susser Holdings
Page 7 of 17
Susser Holdings and shall not be liable to Susser Holdings for any other actual or
consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act
of default by Corporation under the terms of this agreement. It is further specifically agreed
that Corporation shall only be required to pay the grant or loan amounts solely out of its sates
tax revenue currently collected, allocated and budgeted and to be allocated, budgeted and
collected for Susser Holdings during the term of this agreement. Payment by Corporation is
strictly limited to those funds so allocated, budgeted and collected solely during the grant
term of this agreement, being gin{ _.v ry °V--;i:2008, through December 31, 2013. Corporation shall
use its best efforts to anticipate economic conditions and to budget accordingly. However, it
� g
is further understood and agreed that, should the actual total sales tax revenue collected for
any one year be less than the total amount of grants to be paid to all contracting parties with
Corporation for that year, then in that event, all contracting parties shall receive only their pro
rata share of the available sales tax revenue for that year, Tess Corporation's customary and
usual costs and expenses, as compared to each contracting parties' grant amount for that
year, and Corporation shall not be liable to Susser Holdings for any such deficiency at that
time or at any time in the future. In this event, Corporation will provide all supporting
documentation, as requested. Payments to be made to Susser Holdings shall also require a
written request from Susser Holdings to be accompanied by all necessary supporting
documentation. Corporation shall have forty -five days to make payment after receipt of
such payment request. The payment request should be directed to the address provided for
Corporation below.
VIII. NOTICE OF DEFAULT
8.1 Corporation shall give SUSSER HOLDINGS written notice of any act of default by
Susser Holdings, and Susser Holdings shall have thirty (30) days after receipt of the notice to
cure the default. Failure by Susser Holdings to timely and fully cure the act of default shall
permit Corporation to pursue all legal remedies provided by law and not specifically
prohibited herein.
8.2 Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances that
might have occurred through no fault of Susser Holdings, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that remains
uncured after the Cure Period:
.1 Susser Holdings shall immediately repay all amounts paid by Corporation under
this Agreement with interest at the interest rate paid by the City on its most recently
issued general obligation bonds from date of expiration of Cure Period until fully paid.
.2 Susser Holdings shall pay Corporation reasonable attorney fees and costs of court
to collect amounts due to Corporation.
.3 The Corporation shall have no further obligations to Susser Holdings under this
Agreement.
.4. Neither the City nor the Corporation nor Susser Holdings may be held liable to any
other party of this Agreement for any consequential damages, including special or
indirect costs, loss or use or profits.
Economic Development Performance Agreement—Susser Holdings
Page 8 of 17
.5. The Corporation may pursue all remedies available under law
8.3 Susser Holdings shall give Corporation written notice of any act of default by
corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the
default. Failure by corporation to timely and fully cure the act of default shall permit Susser
Holdings to pursue its legal remedies as provided in this agreement.
IC. DEFINITIONS
As used in this agreement, the following words or phrases shall have the following meanings:
9.0 c!ijfipateQ[ Occuparicy shall mean the final document issued by the City of Corpus
Christi, Texas, entitled "Certificate of Occupancy' indicating that all building codes,
regulations, and ordinances have been unconditionally, fully and completely complied with in
all respects, and specifically shall not include any temporary or conditional document
authorizing temporary or conditional occupancy.
9.1 ,City of Corpus Christi or City shall mean the governing municipal corporation, the area
that is within the city limits of the City of corpus Christi, Texas.
9.2 QpmphanceshaII mean timely, fully and completely performing or meeting each and
every requirement, obligation, duty, condition, or warranty as stated in this agreement.
Compliance shall mean complete compliance and shall not mean substantial compliance.
9.3 Act of Default shall mean failure to timely r and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of
full compliance by waiving such act of default solely by an instrument in writing.
9.4 Full -time Production shall mean the operation of the meat processing facility not less
than eight (8) hours per day, five (5) days a week, for fifty -two (52) weeks every fiscal year.
9.5 Full -time Job or Full- time Equivalent Job (FTEI shall mean a job requiring a minimum
of Two Thousand Eighty (2,080) hours of work over a twelve (12) month term [forty (40)
hours work per week], including allowance for vacation and sick leave, with full company
benefits and employed exclusively and on -site in the city of Corpus Christi. Use of a staffing
agency is permitted provided all of the conditions here are met.
9.6 Insolvent shall mean failure to timely pay debts in the ordinary course of business or
cannot pay debts as they become due, or is insolvent within the meaning of the federal
bankruptcy law.
9.7 Force Ivlaieure shall mean severe weather such as tornadoes or flooding, raced
storms or hurricanes, wars, riots and the unavailability of necessary and essential equipment
and supplies from all sources.
X. GENERAL TERMS
10.1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date
that either party executes this Agreement.
Economic Development Performance Agreement—Susser Holdings
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1 .2 Term. The term of this Agreement is six years from the Effective Date.
10.3 Termination. This Agreement may be terminated by mutual agreement of the parties
or by either party, upon the failure of the other party to fulfill an obligation as set forth herein.
The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities
of the parties under this Agreement, except all rights, duties, liabilities, and obligations
accrued prior to such termination and any obligation of Susser Holdings to repay monies to
the Corporation shall survive termination.
10.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City
Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county,
state, and federal laws. Susser Holdings shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, County and City governments, as
may be amended or enacted. This Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas.
10.5. Assignment. This Agreement shall be binding upon the parties hereto and their
successors and assigns. However, Susser Holdings may not assign all or any part of its
rights, privileges, or duties under this Agreement without the prior written approval of the
Corporation and City. Any attempted assignment without approval is void, and constitutes a
breach of this Agreement.
10.6 indemnity. To the extent of its negligence or legal fault which directly causes
those damages more particularly described herein, Susser Holdings covenants to fully
indemnify, save, and hold harmless the Corporation, the City, their respective officers,
employees, and agents "lndemnitees' against all liability, damage, loss, claims,
demands, and actions of any kind on account of personal injuries (including, without
limiting the foregoing, workers' compensation and death claims), or property loss or
damage of any bind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with Sasser Holdings activities
conducted under or incidental to this Agreement. Subject to the foregoing, Susser
Holdings shall, at its own expense, investigate all those claims and demands, attend to
their settlement or other disposition, defend all actions based on those claims and
demands with counsel satisfactory to Indemnitees, and pay all reasonable charges of
attorneys and all other reasonable costs and expenses of any kind arising from the
liability, damage, loss, claims, demands, or actions.
10.7 Buy Local Provision. Susser Holdings agrees to use its best efforts to give preference
and priority to local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience, or sacrifice
in operating efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who
reside in or maintain an office within a 50-mile radius of Nueces County.
10.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
Economic Development Performance Agreement—Susser Holdings
Page 10 of 17
SUSSER HOLDINGS:
Susser Holdings Corporation
c/o E. . Bonner, Jr.
Executive Vice- President
4433 Baldwin Boulevard
Corpus Christi, Texas 78408
Corporation:
CityofCorpusChnsti
Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the following
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
10.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. Susser Holdings application submitted to the Corporation for business incentives
("AppIication)is incorporated into this Agreement.
c. If there is any conflict in the terms of these documents, the following order controls:
(i) This Agreement, it Corporation Guidelines, (iii) Application.
10.10 Amendments or Modifications. No amendments or modifications to this Agreement
may be made, nor any provision waived, unless in writing signed by a person duly authorized
to sign agreements on behalf of each party.
10.11 Relationship of Parties. In performing this Agreement, both the Corporation and
Susser Holdings will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint- venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees or
agents of the other party for any purpose.
Economic Development Performance Agreement — Susser Holdings
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10.12 Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the terms and provisions
of this Agreement.
10.13 Severability.
.1 If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the law, and in lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms
to the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Agreement automatically.
10.14 Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas. Susser Holdings consents to, and waives any objections to, in personum jurisdiction
in Nueces County, Texas. This agreement and the relationship between Corporation and
Susser Holdings shall be governed and interpreted under the laws of the State of Texas
without regard to any conflict of laws or provisions.
10.15 Sole Agreement. This Agreement constitutes the sole agreement between the
Corporation and Susser Holdings. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no force
and effect. Except as otherwise provided herein, this Agreement cannot be modified or
amended without a written agreement of the parties.
10.16 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
10.17 Representation. Corporation represents that no Corporation board member or
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. In no event will Susser Holdings pay a
fee to or in any manner compensate any Corporation board member or employee, City of
Corpus Christi officer or employee, in connection with the acceptance of this Agreement. A
breach of this provision (10.17) shall result in automatic and immediate termination of this
Agreement, and shall be an act of default by Susser Holdings.
10.18 Other Contracts. It is understood by Susser Holdings that Corporation has heretofore
entered, and may hereafter enter, into contracts with other companies or persons upon terms
Economic Development Performance Agreement — Susser Holdings
Page 12 of 17
and conditions different from the terms and conditions of this Agreement, and Susser
Holdings has no standing to object whatsoever to any such contracts or require any
modifications or changes to its Agreement due to such other agreements.
10.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of Susser Holdings and shall not release such information to the public,
unless required by law, Attorney General opinion, or court order. Corporation shall
immediately notify Susser Holdings upon receipt of any such of requests, affording Susser
Holdings the opportunity to participate in the request for an opinion from the Texas Attorney
General and any legal proceedings. Corporation shall immediately notify Susser Holdings
upon receipt of any opinion of the Texas Attorney General or court orders to release such
information.
10.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
10.21 Insurance. SUSSER HOLDINGS shall maintain insurance on the Facility, at Susser
Holdings's expense, during the term of this Agreement, insurance of the type and with the
amount of coverage shown on the Attachment (there is no attachment), which is incorporated
in this Agreement by reference. Susser Holdings shall use an insurance company or
companies acceptable to the Risk Manager of the City of Corpus Christi. Failure to maintain
the insurance during the term of this Agreement, at the limits and requirements shown on
Attachment constitutes grounds for termination of this Agreement. The Certificate of
Insurance must be sent to the Risk Manager prior to occupancy of and operations at the
Facility. The Certificate of Insurance must provide that the City will have thirty (30) days
advance written notice of cancellation, intent to not renew, material change, or termination of
any coverage required in this Agreement. Susser Holdings shall provide, during the term of
this Lease, copies of all insurance policies to the Risk Manager upon written request by the
City Manager. The Risk Manager shall retain the right to annually review the amount and
types of insurance maintained by Susser Holdings to require increased coverage limits, if
necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Susser Holdings shall receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased coverage.
Susser Holdings shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed addition or
alteration will not necessitate a change or modification in the existing insurance coverage
maintained by Lessee.
EXECUTED on the date shown opposite the signature of each party.
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Corpus Christi Business & Job Development Corporation
By:
Name:
Title: .. . - - - --
Date:
Attest
By:
Name:
Title:
Susser Holdings Corporation.
By:
Name: E. V. Bonner, Jr.
Title: Executive i e- resident
Date:
Attest:
By:
Title:
Federal Tax ID f .:
Corporate Seal:
The State of Texas§
County of iuees§
llppra+ed es to form. /---1.5-PY
Asekdant City Attorney
For City Attorney
Before me, (Notary's name), on this day
personally appeared E. V. Bonner, Jr., Executive Vice - President of Susser Holdings
Corporation., known ern to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same in the capacity stated as the
act of Susser Holdings Corporation, a Texas corporation, for the purposes and consideration
expressed in the instrument.
Given under my hand and seal of office this the day of , 2008.
Notary Public, State of Texas
Economic Development Performance Agreement—Susser H ldin
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eonorric Development Performance Agreement• -- Buser Holdings
Page 15 of 17
- -- - - - - -
SCHEDULE A
, SUSSER HOLDINGS' TIME OF
PERFORMANCE
- - -- - - - -- - - -- -
SUSSER HOLDINGS'
CONDITIONS PRECEDENT
AND PERFORMANCE
REQUIREMENTS
CORPORATIO 'e
PERFORMANCE
REQUIREMENTS
Relocation and continued
staffing of 11 full -time
employment positions from San
Angelo to Corpus Christi, Texas
(former Town & country Food
Stores employees), creation and
continued staffing of a minimum
of 16 full - time employment
positions, and the retention and
continued staffing of 216 full-
time employment positions with
an average annual salary of
$50470 per position or a
cumulative annual payroll at the
facility of 12,265,000.
1
Proof of employment
requirements ents December 31,
2008.
$128,000 payable on or before
April 1, 2009
Relocation of the corporate
headquarters to 4525 Ayers
Street, Corpus Christi, Texas,
and the purchase of new
furniture, fixtures and equipment
for the headquarters at a cost of
$3,000,000; creation and
continued staffing of a minimum
of 5 full -time employment
positions, and the retention and
continued staffing of 243 full -
time employment positions with
an average annual salary of
$54,290 per position or a
cumulative annual payroll at the
facility of $1 3,465,000.
Proof of capital investment of a
least $3,000,000 prior to '
December 31, 2009, and proof
of employment requirements by
December 31, 2009.
$128,000 payable on or before
April 1, 2010
Creation and continued staffing
of a minimum of 5 full - time
employment positions, and the
retention and continued staffing
of 248 full - time employment
positions with an average
annual salary of $54,000 per
position or a cumulative annual
payroll at the facility of
13,66 , 000.
Proof of employment I
requirements by December 31,
2010
$128,000 payable on or before
April 1, 2011
eonorric Development Performance Agreement• -- Buser Holdings
Page 15 of 17
Creation and continued staffing
Proof of employment
$128,000 payable on or before
of a minimum of 5 full -time
employment positions, and the
retention and continued staffing
of 253 full-time employment
positions with an average
annual salary of $53,740 per
position or a cumulative annual
payroll at the facility of
requirements by December 31,
2011.
.
April 1, 2012
$13,865,000
Creation and continued staffing
Proof of employment
$128,000 payable on or before
of a minimum of 5 full-time
employment positions, and the .
retention and continued staffing
of 258 full - time employment
positions with an average
annual salary of $53,480 per
position or a cumulative annual
payroll at the facility of
requirements is by December 31,
2012.
April 1, 2013
$14,065,000
SCHEDULE B
SUSSER HOLDINGS' PERFORMANCE
REQUIREMENTS
SUSSER HOLDINGS' TIME OF
PERFORMANCE
MANCE
Relocation of the corporate headquarters to 4525
Ayers Street, Corpus Christi, Texas, and the
purchase of new furniture, fixtures and equipment
for the headquarters at a cost of $3,OOOOOO.
December 31, 2009.
Continued occupation and full -time operations a
corporate headquarters facility.
January 1, 2010 through December 31, 2012
Economic Development Performance Agreement—Susser Holdings
Page 1of1
SCHEDULE c
SUSSER HOLDINGS' PERFORMANCE
REQUIREMENTS
SUSSER HOLDINGS' TIME of
PERFORMANCE
Relocation and continued staffing of 11 full -tire
employment positions from San Angelo to Corpus
Christi, Texas (former Town & country Food
Stores employees), creation and continued
staffing of a minimum of 16 full -time employment
positions, and the retention and continued staffing
of 216 full- time employment positions with an
average annual salary of $50,470 per position or
a cumulative annual payroll at the facility of
$12,265OOO.
December 31, 2008
Creation and continued staffing of a minimum of 5
full -time employment positions, and the retention
and continued staffing of 243 full -time
employment positions with an average annual
salary of $54,290 per position or a cumulative
annual payroll at the facility of $13,465,000.
December 31, 2009
Creation and continued staffing of a minimum of 5
full -time employment positions, and the retention
and continued staffing of 248 full -time
employment positions with an average annual
salary of $54,000 per position or a cumulative
annual payroll at the facility of $13,665,000.
December 31, 2010
Creation and continued staffing of a minimum of 5
full -time employment positions, and the retention
and continued staffing of 253 full -time
employment positions with an average annual
salary of $53,740 per position or a cumulative
annual payroll at the facility of $13,865,000.
December 31, 2011
Creation and continued staffing of a minimum of 5
full - time employment positions, and the retention
and continued staffing of 258 full -time
employment positions with an average annual
salary of $53,480 per position or a cumulative
annual payroll at the facility of $14,065,000.
December 31, 2012
Economic Development Performance Agreement—Susser Holdings
Page 17 of 17
Page 1 of
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROJECT AGREEMENT WITH THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
REGARDING IMPLEMENTATION AND ADMINISTRATION OF
THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO
SUSSER HOLDINGS CORPORATION FOR THE CREATION
AND RETENTION OF JOBS AND RELOCATION OF ITS
CORPORATE HEADQUARTERS IN CORPUS CHRISTI
need for project agreement between the City of Corpus
WHEREAS, there is �
• Christi Business and Job Development Corporation for
Christi and the Corpus �r ,
• administration of the business incentive agreement with
the implementation and ad
Esser Holdings Corporation
(Susser Holdings) for the creation and retention of
the relocation of its corporate headquarters in Corpus Christi.
jobs and th �
NOW, THEREFORE, BE IT
RESOLVED Y THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager er or his designee is authorized to execute tine
• the Cif of Corpus Christi and the Corpus Christi
project agreement between �
Business and Job Development Corporation for the implementation and
administration of the business
incentive agreement with Susser Holdings for
creation and retention jobs ntion of and relocation of its corporate headquarters in
Corpus Christi, which is attached hereto.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 21, 2008
G 1 Smith
Assistant City Attorney
For the City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
ALE - DIR‘SharecA ar agend 1 00 11- \F es -Prof ctAgrnt -4 Bd- Sasser lioldi g .do
Page2of2
Corpus Christi, Texas
of 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cu hon
H: LEG- IR\S aredl aryS\agendaN200811- JI -Proje t gent -4 Bd- Sasser Holdings.doc
BUSINESS INCENTIVES PROJECT AGREEMENT
This Business Incentives Project Agreement ("Project Agreement" is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empo wered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one - eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon's Texas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 1, 2007;
WHEREAS, Susser Holdings Corporation (Susser Holdings) has submitted a proposal
to the Corporation to request business incentives of approximately $640,00 to be used
to assist Susser Holdings in its relocation of its corporate headquarters to 4525 Ayers
Street and in the creation and retention of jobs in the City of Corpus Christi;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to Susser Holdings;
WHEREAS, the Corporation and Susser Holdings have executed an agreement to grant
business incentives to Susser Holdings for the creation and retention of jobs to assist
the relocation of its corporate headquarters (Business Incentives Agreement).
SusserHoldings Project Agreement 4A-City 08011 .doc
:1DOCUME- 1 Ire beccahILO AL —1 kTempiS usserRoldings Project Agreement 4A -City 060117.doc
Page 1 of 3
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to implement the
Agreement to Grant Business Incentives to Susser Holdings for the Creation and
Retention of Jobs between the Corporation and Susser Holdings.
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentives Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amen dments or Modifications. o amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Project Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreement is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
SusserHoldings Project Agreement 4A -City 080117_doc
CADOCUME-11rebeccatALOCALS-1‘Te-mp\SusserHoldings Project Agreement 4A -City 080117.doc
Page 2 of 3
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
8. Captions. The captions in this Project Agreement are for convenience only and are
not a part of this Project Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus Christi Corpus Christi Business
Job Development Corporation
George K. Noe
City Manager
Date:
Attest
Date:
Armando Chapa
City Secretary
Approved as to Legal Form this 3' day of January, 2008.
p rt
(.)
Assistant City Attorney
for City Attorney
SusserHoldings Project Agreement 4A-City 080117.doc
ClIDOCUME-11rebeccah\LOCALS-11Temp‘SusserHoldings Project Agreement 4A -City 080117.doc
Page 3 of 3
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 29, 2008
AGENDA ITEM: Resolution endorsing a Community Visionin and Planning Project for the Corpus
Christi community.
ISSUE: The City has not undertaken a community visioning and plan since the mid 1990's. A
planning process of this type can serge to help the entire community focus on the future and develop
a common agenda on which to move forward. Representatives of Texas A&M University Corpus
Christi (TAMUCC) and Del Mar College have come forward and volunteered to be the initiators of a
comprehensive and inclusive process to develop a vision and plan. The first phase would be data
collection, an assessment of the current situation and the development of the process for
subsequent phases.
FUNDING: The City has been asked to provide any cash funding required for the initial phase.
The initial, preliminary estimate of the cost of that effort is $50,000. Some of this work, however,
can be done in kind or combined with other existing projects. A final cost will be developed by staff
working with representatives of TAMUCC and Del Mar College and included in the final agreement.
Funds for this can come from the General Fund Contingency appropriation. Council will be provided
with the final agreement once it has been negotiated.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution.
e *ge K. Noe
City Manager
Prospectus for Community Visioning Project
Background
In recent months, the Coastal Bend has experienced considerable differences of opinion as
various projects, proposals and ideas that will affect the city's future have come forward. There
is also a growing recognition in several arenas that the community must learn to negotiate its
differences of opinion in a way that leads to positive outcomes for the future. At the same time,
several organizations in the community are beginning or engaged in planning efforts that will
affect and be affected by the overall direction of the community. The time is therefore right to
launch a community -wide process that builds on these individual efforts and results in a unified
vision and action plans that will move the community forward in a more systematic and positive
manner.
As the two higher education institutions vested in the social and economic vitality of the Coastal
Bend, Texas A &M University- Corpus Christi and Del Mar College believe they are uniquely
situated to initiate such a process. This prospectus outlines a concept for how the institutions,
using a proven model for community visioning, could help the community develop a vision that
has broad consensus and the action plans to make the vision reality.
Guiding Principles
The process that A &M- Corpus Christi and Del Mar College would design will be based on the
following principles:
• A &M- Corpus Christi and Del Mar will provide an objective arena in which to
design and conduct a civil dialogue on the future of Corpus Christi that brings
stakeholders together in a productive relationship.
• The project structure will include multiple stakeholders and multiple sponsorships.
• The resulting vision will be for the community as a whole: economic development,
health care, growth, education, quality of life, etc.
• The process will include rigorous collection and analysis of data to understand our
current position, key emerging trends and issues, and to validate the vision when it
is developed.
• There will be opportunity for broad public involvement from all sectors of the
community.
• The process will be designed with the assistance of a community visioning expert
and will be enriched by the involvement of many institutional and community
resources.
General Outline /Key Activities /Timeline
Phase I (four to six months)
• Process design
• Research and data collection and analysis to answer the question: Where are we
now?
Phase II (nine to twelve months)
• Creating and validating the vision: Answers the question: Where do we want to be?
Page 1 1/21/2008
Phase III (sir to nine months)
• Developing an action plan: Answers question: How do we get there?
Phase IV (Ongoing)
• Implementation and monitoring for accountability: Answers question: How are we
doing?
General Outcomes of a Visioning Project
• Build greater consensus on strategic direction for the community.
• Identify and empower community leaders to reach the community's collective
goals.
• Engage Texas A &M- Corpus Christi and Del Mar College in the community so
each can fulfill higher education needs in a way that is consistent with the
community vision.
• Develop capacity for civil discourse on important community topics.
Deliverables of a Visioning Project
• Phase I: Community profile, values statement and statement of emerging trends and
issues
• Phase II: Vision statement
• Phase III: Action plan
• Phase IV: Strategy to support ongoing implementation. Periodic progress reports to
the wider community.
Cost and Funding Sources
• The cost for similar projects in other cities has been from $250,000 to $500,000.
• Typical cost elements from other projects include staff, surveys, meetings,
consultants and communications.
• If the Council is receptive to the concept, we will develop a budget for Phase I.
• Budgets for subsequent phases would be developed during Phase I, based on the
process design adopted.
• Funding sources could include the city and other stakeholders identified during the
design phase. The University and Del Mar College will provide staff time and in-
kind contributions. We have already invested $1,500 in consulting costs and many
hours of staff time as we considered making this proposal.
What We're Asking From Council
• Endorsement of the concept presented in the prospectus.
• If endorsed, initial funding for Phase I.
Page 2 1/21/2008
Page '1 of
A RESOLUTION
ENDORSING A COMMUNITY VISIONING AND PLANNING PROJECT
FOR THE CORPUS CHRISTI COMMUNITY
WHEREAS, the Corpus Christi community is a dynamic and diverse community with
prospects for a bright future; and
WHEREAS, that a bright future can most effectively be secured by ensuring that the
community holds a common vision and a common plan for the future; and
WHEREAS, the Corpus Christi community has benefited from collaborative community
planning in the past in such initiatives as Corpus Christi 90 and Vision 2000; and
WHEREAS, various community agencies such as Corpus Christi Independent School
District (CCISD) and the Corpus Christi Regional Economic Development Corporation
(CCREDC)have recognized the importance of visioning and strategic planning and
have initiated or completed futures planning efforts; and
WHEREAS, Texas ABM University- Corpus Christi and Del Mar College have offered to
initiate a community visioning and planning effort; and
WHEREAS, our local higher education entities have served the community as
independent and objective arenas for community discussion; and
WHEREAS, Texas A&M University- Corpus Christi and Del Mar College have developed
a four step prospectus for a visioning and planning process that is both comprehensive
and inclusive.
NOW, THEREFORE, BE IT RESOLVED BY THE crrif COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. The City Council endorses the concept of a Corpus Christi Community
Visioning and Planning project as outlined on January 22, 2008, by Texas A &M
University-Corpus Christi and Del Mar College.
SECTION 2. The City Council expresses its willingness for the City to be an active
participant and partner of this initiative including providing the funding for the initial
phase of the project.
SECTION 3. The City Council directs the City Manager to negotiate an agreement with
Texas A &M University- Corpus Christi and/or Del Mar College to initiate the project and
bring thatiagreement back to the Council for approval if required.
H: \LE - DIRlJeannie1RE - Visioning- Flanning.doe
Page 2 of 3
ATTEST: CITY OF CORPUS S CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED as to form: January 23, 2008
H:1LE - DIR1Jeannie\ E ;Visioning- Planning.do
Corpus Christi, Texas
of
2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli on o, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
H:1LEG- OIF'Jeanni &li ES Visionin -Plan in .doe
Page 3 of 3
13
crr COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation on policy issues that need Council direction regarding
development of the Storm Water Utility.
STAFF PRESENTER(S):
Name Title/Position Department
1. Oscar Martinez Assistant City Manager ACM, Administrative Services
2.
3.
OUTSIDE PRESENTER(S):
Name TitIe/Position Or anization
1. Tony Bagwell
2.
Vice President
HDR Engineering, Inc.
ISSUE: Certain direction is required from Council regarding implementation n of the
Storm Water Utility in order to move forward with policy development.
BACKGROUND: On December 18, 2008 City Council approved a resolution
indicating their intent to establish a Storm Water Utility. Certain decisions regarding
implementation of that utility must be made in order to continue moving forward with
development of the utility.
REQUIRED COUNCIL ACTION: Approval of Staff recommendations and direction on
certain items.
ATTACHMENTS:
Power Point Slides
�Valerie H. Gray, PE
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14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Development Plans for Padre Island presented by Asset
Development Corporation
STAFF PRESENTER(S):
Name
Title/Position Department
1. None
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position
Or' anization
1. Paul Schexnailder owner
2.
3.
REQUIRED COUNCIL ACTION: None
PowerPoint ❑
Supplemental Information ❑
Asset Development Corporation
Ligg i,„• City of
Corpus
t:iI Christi