HomeMy WebLinkAboutAgenda Packet City Council - 04/27/20101111111•11111111/
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11:45 A.M. - Proclamation declaring Friday, April 30, 2010 as "Arbor Day"
Proclamation declaring the week of May 2 -8, 2010 as Goodwill Industries Week"
Proclamation declaring the week of May 3 -9, 2010 as "Public Service Recognition Week"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
APRIL 27, 2010
12:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS
ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY
COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the
end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state
your name and address. Your presentation will be limited to three minutes. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habit un interprete ingles- espanol en todas las
juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Exec. Pastor Paul Schulz, Bay Area Fellowship.
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 Joe Adame
Mayor Pro Tern Chris N. Adler
Council Members:
Brent Chesney City Manager Angel R. Escobar
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Agenda
Regular Council Meeting
April 27, 2010
Page 2
CITY COUNCIL
PRIORITY ISSUES
;Refer to legend at the end of the
agenda summary)
E. MINUTES:
1. Approval of Regular Meeting of April 20, 2010. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. • Advisory Committee on Community Pride
* Coastal Bend Health Facilities Development Corporation
* Electrical Advisory Board
* Park and Recreation Advisory Committee
* Watershore and Beach Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the
City Council will use a different method of adoption from the one
listed; may finally pass an ordinance by adopting it as an emergency
measure rather than a two reading ordinance; or may modify the
action specified. A motion to reconsider may be made at this meeting
of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on
any reconsidered item.
H. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
3. Motion approving the purchase of traffic signal equipment from
Consolidated Traffic Controls, Inc., of Arlington, Texas in
accordance with Bid Invitation No. BI- 0084 -10 based on low bid
Agenda
Regular Council Meeting
April 27, 2010
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to !egeno at the end of the
agenda summary)
for a total amount of $64,960. Funds have been budgeted by
the Traffic Engineering Division of the Engineering Services
Department in FY 2009 -2010. (Attachment # 3)
4. Resolution approving the submission of a grant application in
the amount of $391,968 to the Automobile Theft Prevention
Authority (ATPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 10 with
a City cash match of $442,672, in -kind services of $14,019, and
program income match of $8,767 for a total project cost of
$857,426 and authorizing the City Manager or the City
Manager's designee to apply for, accept, reject, alter or
terminate the grant. (Attachment # 4)
5.
a. Motion authorizing the City Manager or his designee to
accept a supplemental grant in the amount of $49,675 from
the Texas Automobile Theft Prevention Authority (ATPA) for
additional overtime for Officers funded under the grant, for
the purchase of equipment, and to enhance the Public
Awareness Campaign for the Motor Vehicle Theft
Enforcement Unit within the Police Department and to
execute all related documents. (Attachment # 5)
b. Ordinance appropriating $49,675 from the Texas Automobile
Theft Prevention Authority (ATPA) in the No. 1061 Police
Grants Fund. (Attachment # 5)
6. Resolution authorizing the City Manager or his designee to
execute a Memorandum of Agreement (MOA) with the Naval Air
Station Corpus Christi ( NASCC) and the Corpus Christi Police
Department (CCPD) to address mutual aid procedures between
NASCC security and CCPD, and other efforts to enhance
capabilities of both agencies through increased interagency
cooperation. (Attachment # 6)
7 Ordinance appropriating $166,501 from the Unreserved Fund
Balance in the Business /Job Development Fund No. 1140 for
the Corpus Christi Business and Job Development Corporation
Affordable Housing New Construction Program; changing the
FY 2009 -2010 Operating Budget adopted by Ordinance No.
028252, to increase appropriations by $166,501. (Attachment
# 7)
Agenda
Regular Council Meeting
April 27, 2010
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
8. Motion authorizing the City Manager or his designee to execute
a construction contract with Jhabores Construction Co., Inc. of
Corpus Christi, Texas for an amount not to exceed $600,000 for
Looping of Water Lines to Eliminate Dead Ends Project. (Water
CIP FY 2010) (Attachment # 8)
9. Motion authorizing the City Manager or his designee to execute
Change Order No. 6 for the Landfill Gas Control Flare Station,
Earthwork, Erosion Control Matting and Horizontal Collection
Gas Well to a construction contract with Environmental
Specialties International of Baton Rouge, Louisiana, in the
amount of $58,939.77 for a restated not to exceed fee of
$7,021,738.07 for the J. C. Elliott Landfill Final Cover System
(Phases 4 -6) and Landfill Gas Collection System. (Attachment
# 9)
10. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with
Freese and Nichols Inc. of Corpus Christi, Texas, in the amount
of $67,968 for a total restated fee of $1,095,485 for Staples
Street - Phase 1 from Saratoga to Holly for right -of -way (ROW)
acquisition survey of 19 parcels. (Bond Issue 2008)
(Attachment # 10)
11.
a. First Reading Ordinance - Declaring each of the four City -
owned properties listed and described in the attached Exhibit
"C" as surplus property, three which are narrow in shape and
not suitable for building, one that lacks paved access to and
from public roads, and all of which are small in area.
(Attachment # 11)
b. First Reading Ordinance - Authorizing the sale of each of the
four surplus properties listed and described in the attached
Exhibit "C" to (1) abutting landowners in the same
subdivision, or (2) abutting property owners in proportion to
their abutting ownership; and authorizing the City Manager
or his designee to execute the deeds and any related
documents necessary to complete the sales and convey the
properties. (Attachment # 11)
Agenda
Regular Council Meeting
April 27, 2010
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the ena of the
agenda summary)
12. Second Reading Ordinance - Authorizing the City Manager or
his designee to execute a 15 -year lease with the Columbus
Sailing Association for the use of the Columbus Sailing Ship
Nina, for and in consideration of the repair, restoration and
maintenance of Nina; and providing for publication. (First
Reading - 3/30/10) (Attachment # 12)
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions
of the Open Meeting Act, Chapter 551 of the Texas Government
Code, and that the City Council specifically expects to go into
executive session on the following matters. In the event the Council
elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the
executive session will be publicly announced by the presiding office.
13. Executive Session under Texas Government Code Section
551.071 regarding American GI Forum vs. City of Corpus
Christi, Texas Cause No. 10- 60455 -4, in the County Court at
Law Number 4, Nueces County, with possible discussion and
action in open session.
14. Executive Session under Texas Government Code Section
551.071 regarding Friends of the Coliseum vs. City of Corpus
Christi, Texas Cause No. 10- 000769, in the 250th District Court,
Travis County, with possible - discussion and action in open
session.
15. Executive Session under Texas Government Code Section
551.071 regarding David Torres vs. City of Corpus Christi;
Cause No. 13 -08- 00700 -CV; in the Thirteenth Court of Appeals,
corpus Christi /Edinburg, Texas with possible discussion and
action in open session.
16. Executive Session under Texas Government Code Section
551.071 regarding David Torres vs. City of Corpus Christi;
Cause No. 13 -09- 00669 -CV; in the Thirteenth Court of Appeals,
corpus Christi /Edinburg, Texas with possible discussion and
action in open session.
Agenda
Regular Council Meeting
April 27, 2010
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to iegend at the ena of the
agenda summary)
17. Executive Session under Texas Government Code Section
551.071 regarding David Torres vs. City of Corpus Christi;
Cause No. 09- 61260 -4; in the County Court at Law No. 4,
Nueces County, Texas, with possible discussion and action in
open session.
18. Executive Session under Texas Government Code Section
551.071 regarding David Torres vs. City of Corpus Christi;
EEOC No. 36B- 2009 -0015; with possible discussion and action
in open session.
J. PUBLIC HEARINGS: (NONE)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
19. Discussion and consideration of Charter Amendment Election.
(To be considered at approximately 2:00 p.m.) (Attachment
# 19)
20. Ordinance authorizing the City Manager to execute a revised
treated water supply contract between the City of Corpus Christi
and Nueces County Water Control and Improvement District
# 4; providing for publication. (Attachment # 20)
21.
a. Ordinance appropriating $325,517 of the Unappropriated
Fund Balance in the Reinvestment Zone No. 2 Fund 1111
for Packery Channel Monitoring for 2010 -2011; changing the
FY 2009 -2010 Operating Budget adopted by Ordinance No.
028252 to increase appropriations by $325,517. (Attachment
#21)
b. Motion authorizing the City Manager, or his designee, to
execute Amendment No. 4 to the contract between the City
and Texas A &M University — Corpus Christi (Division of
Nearshore Research) in the amount of $325,517 for a
restated not to exceed amount fee of $929,639 for Packery
Channel Quarterly Monitoring for 2010 -2011. (Attachment
# 21)
Agenda
Regular Council Meeting
April 27, 2010
Page 7
22.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution by the City Council of the City of Corpus Christi,
Texas directing publication of notice of intention to issue City
of Corpus Christi, Texas Combination Tax and Surplus
Airport Revenue Certificates of Obligation, Taxable Series
2010 in an amount up to $5,500,000 for the purpose of
financing costs associated with making permanent public
improvements to the City's Airport facilities, including the
Quick Turnaround Facility; complying with the requirements
contained in Securities and Exchange Commission Rule
15c2 -12; and providing an effective date. (Attachment # 22)
b. Motion authorizing the appointment of M. E. Allison & Co.,
Inc. as financial advisor for the City of Corpus Christi, Texas
Combination Tax and Surplus Airport Revenue Certificates
of Obligation, Taxable Series 2010. (Attachment # 22)
23. Motion authorizing the City Manager or his designee to execute
Amendment No. 25 to the professional architectural /engineering
services contract with Pierce, Goodwin, Alexander and Linville,
Inc. (PGAL) of Dallas, Texas in an amount not to exceed
$517,000, for a restated not to exceed total fee of
$3,927,771.10 for design, bid, and construction phase services
for a new Corpus Christi International Airport Consolidated
Rental Car Quick Turnaround Facility (QTA). (Attachment # 23)
24. Discussion and consideration of an action plan and Resolution
in support of the extension of Yorktown Boulevard. (Attachment
# 24)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25. Parks and Recreation Advisory Committee Update to Council —
Spring 2010 (Attachment # 25)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 4:00 P.M., OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
Agenda
Regular Council Meeting
April 27, 2010
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
PROHIBITS THE CITY COUNCIL FROM RESPONDING AND
DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
N. CITY MANAGER'S COMMENTS: (NONE)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3: 15-
p.m.,
on April 22, 2010.
r
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before regularly
scheduled council meetings. If technical problems occur, the
agenda will be uploaded on the Internet by the Friday.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2009- 2011
WATER
of
Caroms. COrtin
RIDE
orpus Christi
Economic Development Strategic Plan
Coliseum Plan
Development Process Improvement
Support Public Safety
Garwood Water Plan
Develop Street Plan
Community Pride
Sustainability and Renewable Energy
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 20, 2010 - 12:00 p.m.
PRESENT
Mayor Jce Adame
Mayor Pro Tern Chris N. Adler
Council Members:
Brent Chesney*
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
*Left meeting at 3:34 p.m. for doctor's appointment
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Corey Endsley with The Church of Acts and the
Pledge of Allegiance to the United States flag was led by Council Member Kevin Kieschnick.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of April 13,
2010. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Adame called for consideration of the consent agenda (Items 2 - 12). There were no
comments from the public. Council Member Leal announced that she would abstain from the
discussion and vote on Item 9. City Secretary Chapa polled the Council for their votes as follows:
2.a. MOTION NO. 2010 -080
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$499,848.88 from the State of Texas, Criminal Justice Division of the Governor's Office for
funding eligible under the FY 2009 Recovery Act - Edward Byrne Memorial Justice
Assistance Formula Grant, Border Security Cities and Counties and to execute all related
documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
2.b. ORDINANCE NO. 028557
Ordinance appropriating $499,848.88 from the State of Texas, Criminal Justice Division of
the Governor's Office in the No. 1061 Police Grant Fund to purchase equipment and sworn
officer overtime in an effort to disrupt gangs as well as the trafficking of illegal drugs,
contraband, and human beings.
—1—
Minutes — Regular Council Meeting
April 20, 2010 — Page 2
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
3.a. MOTION NO. 2010 -081
Motion authorizing the City Manager or his designee to accept sub -grant funding in the
amount of $4,000 from the Office of Juvenile Justice and Delinquency Prevention Internet
Crimes Against Children Task Force Program, and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
3.b. ORDINANCE NO. 028558
Ordinance appropriating $4,000 from the Office of Juvenile Justice and Delinquency
Prevention Internet Crimes Against Children Task Force Program in the No. 1061 Police
Grants Fund for the Internet Crimes Against Children Task Force Program for the purchase
of training and equipment.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
4.a. RESOLUTION NO. 028559
Resolution authorizing the City Manager or his designee, to execute a memorandum of
understanding between the U. S. Marshals Service in an amount not to exceed $60,144 for
the Police Department to provide officers on an overtime basis to support the USMS Gulf
Coast Violent Offender and Fugitive Task Force, the USMS providing reimbursement for
overtime, travel, training, fuel, supplies, or equipment.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
4.b. ORDINANCE NO. 028560
Ordinance appropriating $60,144 in Fund No. 1020 General Fund from the U. S. Marshals
Service for the Police Department to provide officers on an overtime basis to support the
USMS Gulf Coast Violent Offender and Fugitive Task Force, the USMS providing
reimbursement for overtime, travel, training, fuel, supplies, or equipment; changing the FY
2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing both
revenues and appropriations by $60,144 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
5. ORDINANCE NO. 028561
Ordinance appropriating $253,398.46 in developer contributions and $4,514.89 in interest
earnings for a sum of $ 257,913.35 in the No. 4720 Community Enrichment Fund for park
improvements. —2—
Minutes — Regular Council Meeting
April 20, 2010 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
6.a. RESOLUTION NO. 028562
Resolution approving the first amendment to the Affordable Housing Program Agreement
between the Corpus Christi Business and Job Development Corporation, the City of Corpus
Christi, and Vanguard Hall Consulting Firm, Inc., for homebuyer assistance, to extend the
term of the agreement from January 31, 2010 to September 30, 2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
6.b. RESOLUTION NO. 028563
Resolution approving the second amendment to the Affordable Housing Program
Agreement between the Corpus Christi Business and Development Corporation, the City of
Corpus Christi, and Vanguard Hall Consulting Firm, Inc. to increase the range of sales price
of the homes from $85,000 to $95,000 to up to $128,606 for the homebuyer assistance
program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
7. RESOLUTION NO. 028564
Resolution approving the first amendment to the Affordable Housing Program Agreement
between the Corpus Christi Business and Job Development Corporation and the City of
Corpus Christi for Model Block Program — Neighborhood Revitalization Program, to extend
the term of the agreement from thirty -six (36) to sixty (60) months [extend expiration date
from November 21, 2009 to November 21, 2011].
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
8. RESOLUTION NO. 028565
Resolution authorizing the City Manager or his designee to execute the first amendment to
the Affordable Housing Program Agreement for HomebuyerAssistance Marketing Campaign
between the Corpus Christi Business and Job Development Corporation, City of Corpus
Christi, and Nueces County Community Action Agency, to extend the term of the agreement
from July 31, 2009 to July 31, 2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
9. RESOLUTION NO. 028566
Resolution authorizing the City Manager or his designee to execute the fourth amendment to
the Affordable Housing Program Agreement between the Corpus Christi Business and Job
Development Corporation, City of Corp .Christi, and Nueces County Community Action
Minutes — Regular Council Meeting
April 20, 2010 — Page 4
Agency for a Pilot Infill Housing project, to extend the term of the agreement from November
19, 2009 to December 31, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal abstained.
10. MOTION NO. 2010 -082
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 $298,722.94 for the
Engineering Service Annex Modular Office Facility site improvements at 4917 Holly Road.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
11.a. MOTION NO. 2010 -083
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $ 59,219.94 for Fire
Station #8 Interior Renovations located at 4645 Kostoryz Road. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
11.b. MOTION NO. 2010 -084
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $56,267.85 for Fire
Station #11 Interior Renovations located at 910 Airline Road. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
12. MOTION NO. 2010 -085
Motion authorizing the City Manager to enter into contracts with property owners in the Rose
Acres Subdivision to provide public water to their respective properties, located outside the
city limits, without submitting individual agreements to City Council for approval under
Section 55 -113, Code of Ordinances.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
* * * * * * * * * * * **
Mayor Adame opened discussion on Item 24 regarding the endorsement of the development
of a memorial to veterans. Director of Intergovernmental Affairs Rudy Garza introduced former State
Representative Hugo Berlanga and Joe Ortiz, President of the Johnny Canales Chapter of the
American G.I. Forum. Mr. Garza provided a brief overview of the discussions between the City and
the veterans to come to an agreement to move the City forward and develop a fitting memorial to
veterans. Mr. Garza added that the resolution includes the City's commitment to develop the
memorial; the consideration to preserve mementos of the Memorial Coliseum to be used in the
—4—
Minutes — Regular Council Meeting
April 20, 2010 — Page 5
future memorial; and the process for forming an ad hoc committee to determine the vision of the
memorial.
Mr. Berlanga congratulated City staff and the American G.I. Form, Johnny Canales Chapter
for their willingness to discuss and resolve their issues. Mr. Berlanga also commended Trey
McCampbell and David Loeb for their assistance with these discussions. Mr. Berlanga stated that
the City's intent was always to develop a proper memorial for the veterans and this resolution
presents the commitment by the City and this City Council. Mr. Ortiz and members of the Johnny
Canales Chapter of the American G.I. Forum thanked the City for hosting these meetings with the
goal to honor veterans. Mr. Ortiz reiterated that the chapter's intent was always to honor the people
that gave the ultimate sacrifice to protect the constitution.
Several council members expressed their thanks to the veteran representatives involved in
the discussions and their desire to ensure that a proper memorial is developed. The following topics
pertaining to this item were discussed: funding mechanisms; private /public involvement; the
inclusion of the memorial as part of Destination Bayfront; upgrades to Sherrill Park; inclusion of all
the veterans chapters; representation on the ad hoc committee; and providing a deadline for
determining financing options and completing the project.
Mayor Adame called for comments from the public. Larazo Camarillo, 2137 Joyce Drive,
thanked the American G.I. Forum for their involvement in this project. Mr. Camarillo requested that
all the veteran organizations be involved in the discussions to develop the memorial. Steven "Blue
Jay" Presley spoke regarding the architecture and character of the Memorial Coliseum. John Torrey,
Columbus Sailing Association (CSA), spoke regarding CSA's concept to help develop Sherrill Park
and requested input on the development committee for the memorial. Tom Watson spoke in support
of the elected officials, staff, and the American G.I. Forum for working together to move forward the
community. Al Cantu, Chairman of the Mayor's Committee on Veterans Affairs, spoke regarding the
veterans groups that are members of the Mayor's Committee for Veterans Affairs and commended
the City Council and staff for their commitment to develop a memorial for veterans to ensure that all
veterans are properly honored.
Mr. Garza stated that staff will come back with an item to develop the ad hoc committee and
address the City's contribution; fundraising efforts; and the design of the memorial.
City Secretary Chapa polled the Council for their votes as follows:
24. RESOLUTION NO. 028556
Resolution endorsing the development of a fitting and appropriate memorial to Veterans of
World War II and all veterans including and surrounding Sherrill Park in downtown Corpus
Christi.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
* * * * * * * * * * **
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
Minutes — Regular Council Meeting
April 20, 2010 — Page 6
13. Executive Session under Texas Government Code Section 551.071 regarding American GI
Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law
Number 4, Nueces County, with possible discussion and action in open session.
14. Executive Session under Texas Government Code Section 551.071 regarding Friends of the
Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 2501 District Court,
Travis County, with possible discussion and action in open session.
15. Executive Session under Texas Government Code Section 551.071 regarding police
collective bargaining negotiations, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that the three executive sessions held were information only and
that no action was taken or will be taken in open session regarding any of the items.
* * * * * * * * * * **
Mayor Adame opened discussion on Item 22 regarding the Car Rental Facility Charge.
Director of Aviation Fred Segundo introduced Chair of the On- Airport Rent -A -Car Committee Jackie
Egen, Airport Board member Don Feferman, and Assistant Director of Aviation Enrique Castillo. Mr.
Segundo referred to a powerpoint presentation including an explanation of the customer facility
charge; the proposed fee; photos of the existing rental customer facility; layout and site plan of the
new rental customer facility; and an example of a sustainable design.
The following topics pertaining to this item were discussed: whether the design allowed for
expansion; the timeframe for completion of the project; if the customer facility charge is a reasonable
fee; the elimination of the customer facility fee once the debt service is paid off; the benefit of a new
rent -a -car facility; and the fee being restricted to expenses associated with rental cars.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
Mr. Segundo and staff for their presentation and spoke in support of the project. Walt Miller, 3606
Marion, spoke regarding the use of recycled water at the facility. City Secretary Chapa polled the
Council for their votes as follows:
22.a. ORDINANCE NO. 028575
Ordinance amending the Code of Ordinances, Chapter 9, "Aviation," by creating new
Section 9 -68, entitled "Car Rental Customer Facility Charge," and enacting all necessary
provisions related to the imposition, collection, and expenditure of the charge; providing for
penalties; providing for publication; and providing for an effective date.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
22.b. ORDINANCE NO. 028576
Ordinance appropriating $140,000 in anticipated revenue from Customer Facility Charges in
the No. 4631 Airport Customer Facility Charge Fund to design a Consolidated "Quick
Turnaround (QTA)" Maintenance Facility for rental car operations at Corpus Christi
International Airport; changing the FY 2009 -2010 Capital Improvement Budget adopted by
Ordinance No. 028449 to increase appropriations by $140,000.
-6-
Minutes — Regular Council Meeting
April 20, 2010 — Page 7
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting ''Aye'.
Mayor Adame referred to Item 16 regarding a public hearing on a street closure. City
Manager Escobar stated that staff is requesting to postpone Item 16 until May 11, 2010. Mr. Scott
made a motion to postpone Item 16 until May 11, 2010. The motion was seconded by Mr.
Kieschnick.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
16. POSTPONED UNTIL MAY 11, 2010
Mayor Adame referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0310 -04, TDK Construction Company, Inc.: A change of zoning from the "R -1 B"
One - family Dwelling District to the "A -1" Apartment House District resulting in a change of
land use from One - family residential uses to Multiple - family residential uses on property
described as 14.77 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section
11, Lots 18 and 19, generally located on the south side of Timbergate Drive, approximately
865 feet southeast of South Staples Street.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including an aerial photograph, the zoning map; existing land use map; the "R-1B" and
"A -1" allowable uses; view of the subject property; and future land use map. Ms. Macon stated that
the Planning Commission and staff recommended approval of the "A -1" Apartment House District.
Council Member Martinez asked questions regarding the location of the property to Faye
Webb Elementary School and Kaffie Middle School.
Mayor Adame announced that he would abstain from the vote on Item 17. No one appeared
in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing,
seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 028567
Amending the Zoning Ordinance, upon application by TDK Construction Company, by
changing the Zoning Map in reference to 14.77 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 11, Lots 18 and 19, from "R-1B" One - family Dwelling District to
"A -1" Apartment House District; ameaclpg the Comprehensive Plan to account for any
Minutes — Regular Council Meeting
April 20, 2010 — Page 8
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Adame abstained.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 18 regarding the FY2010 Consolidated Annual Action
(CAAP). Director of Neighborhood Services Eddie Ortega explained that this resolution is for the
adoption of the 2010 CAAP which includes the Community Development Block Grant (CDBG),
Emergency Shelter Grant (ESG) program, and the Home Investment Partnerships (HOME) program.
In response to Council's direction at the public hearing, Mr. Ortega stated that staff identified three
sources of funding by reallocating $25,000 from CDBG -Code Enforcement Program, $100,000 from
CDBG -Model Block Program Phase II Brownlee Hardscape Improvement Project, and $25,000 from
CDBG - Rehabilitation Services in order to fund CDBG - Lindale Senior Center in the amount of
$150,000.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
Mr. Ortega for a job well done. Mayor Adame thanked Mr. Ortega and Community Development
Coordinator Daniel Gallegos for their work on the CAAP.
City Secretary Chapa announced that Council Member Leal would abstain on the portion of
the CAAP as it relates to the Nueces County Community Action Agency and Council Member Marez
would abstain on the portion of the CAAP as it relates to the Ark Assessment Center and
Emergency Shelter for Youth. City Secretary Chapa polled the Council for their votes as follows:
18. RESOLUTION NO. 028568
Resolution adopting the FY 2010 Consolidated Annual Action Plan which includes the
CDBG, ESG and the HOME Programs; authorizing the City Manager or his designee to
submit the FY 2010 Consolidated Annual Action Plan to the U.S. Department of Housing
and Urban Development; and authorizing the City Manager or his designee to make
changes in the FY 2010 Consolidated Annual Action Plan if required by the U.S. Department
of Housing and Urban Development.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". (Note: Ms.
Leal abstained on the vote on the portion of the resolution relating to the Nueces County
Community Action Agency. Mr. Marez abstained on the vote on the portion of the resolution
relating the Ark Assessment Center and Emergency Shelter for Youth.)
Mayor Adame opened discussion on Item 19 regarding the all risk property insurance. Assistant
Director of Financial Services Michael Barrera explained that this item was for the award of the all
risk property insurance. Mr. Barrera introduced Risk Manager Donna James - Spruce; Director of
Human Resources Cynthia Garcia; and Bob Lazarus, consultant with RWL Group, Inc. Mr. Barrera
reported that a request for proposal (RFP) process was issued and two proposals were received.
Mr. Lazarus explained the development of the RFP; the criteria of the proposal; the two
proposals received by McGriff, Seibels & Williams, Inc. and the Texas Municipal League (TML); the
evaluation process; the comparison of the two proposals; and the recommendation to award the
service agreement to McGriff, Seibels, & Williams, Inc. Mr. Lazarus added that McGriff, Seibels &
Minutes — Regular Council Meeting
April 20, 2010 — Page 9
Williams' proposal provides the same level of coverage the City currently has and other enhanced
coverage built in.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
19. MOTION NO. 2010 -086
Motion approving a service agreement with McGriff, Seibels & Williams, Inc. of Addison, TX
for All Risk Property Insurance Coverage to include all other perils, flood, wind and boiler
and machinery coverage, in accordance with Request for Proposal Number BI- 0076 -10 for
an estimated three year expenditure of $8,037,660 of which $669,805 is required for the
remainder of FY 2009 -2010. The term of the service agreement will be for three years with
an option to extend for up to two additional twelve -month periods, subject to the approval of
the service provider and the City Manager or his designee. This service will provide
necessary insurance coverage for all applicable City departments. Funds are budgeted and
available in the Liability /Employee Benefit - Liability Fund, Visitors' Facilities Fund and
Business /Job Development Fund in FY 2009 -2010 and will be requested in subsequent
fiscal years.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
Mayor Adame opened discussion on Item 20 regarding the Yorktown Boulevard — Staples to
Cimarron project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation
including a background; project scope; Group 1 and Group 2 base bid; project schedule; costs;
lifecycle analysis of concrete versus asphalt; and future Yorktown extension.
The following topics pertaining to this item were discussed: the use of existing pavement and
the impact on the lanes; the portion of the cost approved from the 2008 Bond Election; the Texas
Department of Transportation (TxDOT) Enhancement grant to fund landscaping associated in the
median; the comparison of joint concrete pavement to asphalt; noise issues and how close the
residential area is in proximity to the construction; ride quality on concrete; the rigidity and
maintenance for concrete; effluent opportunities; safety issues on Yorktown from Weber to
Cimarron; whether any of the project is TxDOT jurisdiction; consideration of using asphalt on the
project to allow for the extension of the project to Roddfield; the amount of interest accumulated
from Bond 2004; and the consultant fees.
Mr. Elizondo spoke in support of using asphalt to extend the current project limits to
Roddfield Road. Council Members Scott and Adler spoke in support of the extension of the
Yorktown project.
Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding the lifespan of concrete streets. Darryl Haas, Haas Anderson Construction, spoke
regarding the lifecycle analysis comparison for concrete and asphalt. Mr. Haas spoke in opposition
to ridged concrete sections.
Mr. Elizondo made a motion to amend Item 20 by: 1) removing Additive Alternate No. 1 from
Group 1; 2) changing the amount of the contract to $6,335,425.45; and 3) directing staff to prepare
and recommend an action plan to extend improvements to Yorktown Boulevard for the April 27th,
2010 City Council Meeting. The motion was seconded by Mr. Scott.
-9-
Minutes — Regular Council Meeting
April 20, 2010 — Page 10
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney; Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
City Secretary Chapa polled the Council for their votes as follows:
20. MOTION NO. 2010 -087
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,335,425.45
for Yorktown Boulevard - Staples to Cimarron and Buckingham Estates Force Main and Oso
Plant Effluent Line for the Total Base Bid Group 1 and Group 2 and Additive Alternate Nos.
2, 3, 4 and 5 for Group 1 and Additive Alternate No. 1 for Group 2; and directing staff to
prepare and recommend an action plan to extend improvements to Yorktown Boulevard for
the April 27, 2010 Council Meeting. (CIP FY2010) (BOND ISSUE 2008)
The foregoing motion was passed and approved as amended with the following vote:
Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye ".
*Note: Council Member Chesney left the Council Meeting for a doctor's appointment.
Mayor Adame opened discussion on Item 21 regarding appropriations of capital
improvement program funds. Interim Assistant City Manager Cindy O'Brien provided a brief
overview of the unappropriated interest income from the Airport Fund, Bond Proceeds, Revenue
Bonds Specialty Bond Proceeds, older Bond Funds issued prior to 2005, and other unappropriated
funds.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21.a. ORDINANCE NO. 028569
Ordinance appropriating $1,213,197.11 in Airport Capital Improvement Program (CIP)
interest earnings, settlement proceeds, and miscellaneous airport revenues in the funds as
listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects, land
acquisition for future airport projects and payment of debt service; changing the FY 2009-
2010 Capital Improvement Budget adopted by Ordinance No. 028449 to increase
expenditures by $1,213,197.11.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent.
21.b. ORDINANCE NO. 028570
Ordinance appropriating $1,714,557.94 in Bond Proceed interest earnings, settlement
proceeds, and unappropriated bond proceeds for Bayfront, Public Health and Safety,
Library, Parks and Streets in the funds as listed in Attachment 1, Section 2 for the stated
bond projects not yet complete, similar projects to be approved by City Council or the
payment of debt service; changing the FY 2009 -2010 Capital Improvement Budget adopted
by Ordinance No. 028449 to increase expenditures by $1,714,557.94.
-10-
Minutes — Regular Council Meeting
April 20, 2010 — Page 11
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler. Elizondo, Kieschnick, Leal, Mare :, Martinez, and Scott.
voting "Aye "; Chesney* was absent.
21.c. ORDINANCE NO. 028571
Ordinance appropriating $2,937,723.38 in Utility Revenue Bond interest earnings, and
unappropriated transfer of proceeds released through the purchase of a surety bond in the
funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital
Improvement Program; changing the FY 2009 -2010 Capital Improvement Budget adopted by
Ordinance No. 028449 to increase expenditures by $2,937,723.38.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent.
21.d. ORDINANCE NO. 028572
Ordinance appropriating $278,761.08 in Specialty Bond Proceed interest earnings, and
contributions and donations from Texas Military Loan proceeds, Packery Channel Tax
Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic
Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects
not yet complete, the support of the City's approved Capital Improvement Program, specific
military supported projects and as determined by the Type A Board; changing the FY 2009-
2010 Capital Improvement Budget adopted by Ordinance No. 028449 to increase
expenditures by $278,761.08.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent.
21.e. ORDINANCE NO. 028573
Ordinance appropriating $62,409.05 in Older Bond Fund (issued prior to 2005) interest
earnings as listed in Attachment 1, Section 5 to expedite the closure of these funds subject
to arbitrage; changing the FY 2009 -2010 Capital Improvement Budget adopted by
Ordinance No. 028449 to increase expenditures by $62,409.05.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent.
21.f. ORDINANCE NO. 028574
Ordinance appropriating $721,597.09 in Street Assessments and Street Closures as listed in
Attachment 1, Section 6 for the repayment of an approved assessment projects; changing
the FY 2009 -2010 Capital Improvement Budget adopted by Ordinance No. 028449 to
increase expenditures by $721,597.09.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent. —1 1 _
Minutes — Regular Council Meeting
April 20, 2010 — Page 12
Mayor Adame opened discussion on Item 23 regarding restructuring, outsourcing and
privatization services. Interim Assistant City Manager Cindy O'Brien explained that staff previously
presented this item on March 30th and in response to Council's direction, staff has provided
additional information from Crowe Horwath, LLP including references; the methodology used by the
consultants; sample reports; and examples of financial savings. Ms. O'Brien introduced Crowe
Horwath representatives including John Hurlburt, Principal; Kevin Smith, Partner and CPA, and Tom
Guevara, Senior Manager, who were available to respond to questions. Assistant Director of
Financial Services Michael Barrera stated that the contract award is for Phase 1 only.
Mr. Hurlburt stated that he would be the Implementation and Project Manager during the
assessment efforts. Mr. Hurlburt provided the following examples of the three key deliverables for
the assessments that identify cost savings initiatives in the implementation of a roadmap to get
actionable results: the "heat map" deliverable demonstrates key initiatives that are important to
Corpus Christi for cost savings focus, privatization focus; outsourcing focus and revenue generating
focus; the "bubble chart" deliverable shows a portfolio of identified initiatives and the impact they can
potentially have on the city; and the "clear road map" deliverable takes each critical initiative and lays
out the key activities on a timeline and how the initiative can be implemented realistically.
The following topics pertaining to this item were discussed: reviewing contracts to
renegotiate better costs savings; the contract for copy paper; organizational change; how much the
City has spent on outside consultants; the city's internal budget committee; the objectivity of
receiving data on the organization from an outside party; the scope of work, cost, and timeframe to
complete Phases 1 through 3; the expected range of savings; and how the Council will receive the
data.
There was a general consensus of the Council to have the consultant report to senior staff in
conjunction with the Administration Committee to make the full recommendation to Council. Council
Member Marez requested that the data presented to the Administration Committee be accessible to
the entire Council. •
Mayor Adame called for comments from the audience. Walt Miller, 3606 Marion, spoke in
support of having a consultant review the organization. City Secretary Chapa polled the Council for
their votes as follows:
23.a. ORDINANCE NO. 028577
Ordinance appropriating $78,370 from the Unreserved Fund Balance in the General Fund
No. 1020 for Restructuring, Outsourcing and Privatization Services — Phase 1; changing the
FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing
expenditures in the General Fund No. 1020 by $78,370. (Tabled on 03/30/10)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye "; Chesney* was absent.
23.b. MOTION NO. 2010 -088
Motion authorizing the City Manager or his designee to execute a service agreement with
Crowe Horwath, LLP of Irving, TX, for $78,370, to provide for an initial assessment, and for
other related services ( "Phase 1 ") concerning the Restructuring, Outsourcing and Privatizing
of certain portions of the City's municipal government functions. The term of the agreement
will extend through the date Crowe Horwath presents the initial assessment to City Council.
Funding is to be appropriated in the Ge11 Lal Fund in FY 2009 -2010.
Minutes — Regular Council Meeting
April 20, 2010 — Page 13
The foregoing mcticn was passed and apprcved with the following vote: Adame, Adler,
Eiizondo, Kiesohnick. Leal, Marez. Martinez, and Scott, voting "Aye "; Chesney *was absent.
* * * * * * * * * * * **
Mayor Adame called for petitions from the audience. Edie Jackson Mathis, Community
Voices United, invited the Council to attend at town hall meeting on Thursday, April 22nd at Oveal
Williams Senior Center from 6:00 p.m. to 8:00 p.m. to discuss changes made by Child Protective
Services. Tim Dowling, 8017 Villefranche, spoke regarding a decision made by Interim Park and
Recreation Director Stacie Talbert to not allow students to visit Playa Del Carmen through the Sister
City program due to safety concerns in Mexico. Mr. Dowling asked that staff consult with advisory
committee members before making decisions on the process. Council Member Marez directed staff
to provide the Council with a background on this issue. Alan Thornburg, 2406 Elizabeth, stated that
the Sister City Committee supported sending students to Playa Del Carmen based on facts received
from the Mayor of Playa del Carmen and the U.S. State Department. Walt Miller, 3606 Marion,
spoke regarding the demolition of the Memorial Coliseum. Bill Word, 6018 Pinehurst Drive,
commended the City Council for the manner in which they conduct their affairs. Foster Edwards,
CEO /President of the Corpus Christi Chamber of Commerce, thanked the Council for their decision
to demolish the Memorial Coliseum; approval of the memorial for veterans; allowing for the public
comment section; and Bayfront park on the north end of Shoreline Boulevard. Mary Ann Kelley,
4302 Schanen, spoke regarding erecting a statue of Christ in the City. Colin Sykes, 309 Aberdeen,
spoke in opposition to the Las Brisas plant.
Council Member Marez invited the public to attend a town hall meeting at Calk Elementary
School on Monday, April 26th at 6:00 p.m. Mayor Adame reminded the public to attend the kick -off of
Bold Future on Wednesday, April 21st at 5:30 p.m. at the Solomon Ortiz Center.
* * * * * * * * * * * **
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 4:43 p.m. on April 20, 2010.
* * * * * * * * * * * **
Rev 04/21/10 CITY OF CORPUS CHRISTI
FY2010 CONSOLIDATED ANNUAL ACTION PLAN
ADOPTED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2010 CDBG Allocation
Reprogrammed Funds
Program Income from Demolition Liens /Clearance of Vacant Properties
Revolving Loan Fund from Rehabilitation Program
TOTAL FUNDS AVAILABLE FOR FY2010 CDBG PROGRAM
$3,663,796
$655,005
$134,992
$600,000
$5,053,793
ni
Accessible Routes in CDBG Residential Areas Phase 1
This project involves providing accessible routes in CDBG residential areas which do not have
sidewalks but heavy pedestrian traffic. This project will provide approximately 5320 linear feet of 4 to
5 foot wide sidewalks and approximately 20 curb ramps along the following streets: Villa /Leopard to
Up River Road 843 LF, Leopard Street/Lancaster to Mueller 695 LF, Elmore /Brooks/Wilson Lane/ Mac
Leod Dr. 1932 LF, Live Oak from Cenzio to Mueller 250 LF, and Graham Rd/Waldron Rd. to
Wranosky Park 1600 LF.
1
.r.@`..'
$100,000
CDBG Program Administration
This project will fund staff salaries and administrative costs. Staff is responsible for administering the
Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and
Emergency Shelter Grant (ESG) Programs. Continuum of Care (COFC) and the Homeless Prevention
and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COFC and HPRP
federal regulations, conducts public hearings /meetings, reviews propose projects and activities to
determine funding, eligibility, monitors Subrecipients, provides technical assistance, conducts
environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate
requirements.
14
$441,065
Clearance of Vacant Properties Program
This project consists of clearance of vacant properties in regards to the removal of accumulation of
litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement of
unsightly and unsanitary matter in all CDBG eligible areas to include Neighborhood Initiative Program
Areas and Model Block. The City may charge an abatement cost and place a lien against the
properties to cover the cost incurred.
16
$200,000
Code Enforcement Program
The Code Enforcement, Neihgborhood Initiative (NIP) & Model Block Programs (MBP) request is for
salaries to support the following current staff: 4 -Code Enforcement Property Advisors, 2- project
coordinators (50 %), Management Asst (50 %), Model Block Program Administrator (75 %) and Zoning
& Code Endforcement Administrator (25 %) in the amount $343,515. The Property Advisors /Project
Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of
City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods
within CDBG Target Areas that are in need of compliance assistance (including the Model Block
Program site). The sustainability efforts for these nieghborhoods need continued monitoring and
citizen compliance; inspection are conducted on particutar code violations. The Property
Advisors /Project Coordinators implement a comprehensive approach to coordinate City services and
programs to address specific needs of
each neighborhood (Neighborhood Pride Program). The Program Administrator oveersees all
functions of the revitalization efforts for the Model Block Program and the implementation and
sustainability efforts for the Neighborhood Initiative Program; the Zoning & Code Enforcement
Administrator oversees all functions of the Code Enforcement Division and this includes the purchase
of a truck. These programs support the City Council's objective of enhancing the City of Corpus
Christi "Pride" efforts through revitalization and sustainability efforts for NIP Sites.. Training
opportunites through classes, seminars and /or conferences will also be essential for staff for further
educational opportunites and to certifications to accomplish the goals of both the NIP and MBP (6.5
Staff Members @$1,000.00= 6,500.00).
21
$350,000
Cole's Gym Electrical
Renovation to the electrical wiring in the gym and class room areas used by Parks and Recreation for
programs. Old wiring should be replaced to improve the function of the building and correct any safety
issues that might be present. Several outlets in the class rooms and some in gym do not work, limiting
usage.
31
$75,000
-14-
�` Y ��' C �� Vk :. 1 ��0,$�t�4' `3 � �«3"•��` a, g§ek`v`1 9�Zd�fi''° �s. -y` lS .. ? k � � RA � ���
Cole's Gym Exterior Doors
Project would provider one automatic door system to improve ADA Access to the gym. Remaining
doors would be replaced to provide improved security and insulation value to the building.
.. ' �� o:
32
�3f� Yh �� . �3. '� ?. W'
$18,750
Comprehensive Planning Assistance
The Continuous support for Comprehensive Planning activities including. 2010 Census Support, The
Unified Development Code approval and implementation process, data collection, population
projections, land use surveys, maintenance of development regulations, staff training /travel, and other
activities designed to update Comprehensive Plan elements or implement adopted plans. Other
projects include partnership with Economic Development, historical preservation, and contributions to
the Corpus Christi PRIDE campaign.
33
$50,000
Demolition Program
This program consists of demolition of substandard structures determined to be health and safety
issues 51% or more deterioration of the general structure. The demolition of these structures is an
abatement measure as deemed necessary by the Building Code and Public Safety Officials. The
removal of unsafe structures is a priority for neighborhood revitalization within the community and as a
goal established by City Council for livable neighborhoods. Each Structure will be assessed and
surveyed as building case, providing the property owner an opportunity to resolve the substandard
conditions within the parameters of the City's Building Codes. The Substandard structures were
demolished under the following: Building Standards Board, Emergency Demolitions and Demolition
Grant program. The City may charge an abatement cost and place alien against the properties to
cover the cost in curred.
34
$200,000
Emergency Home Repair Grant Program
Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or
disabled and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor
structural.Requesting 520,000 to assist approximately 80 homeowners.
37
$241,000
Greenwood Library
CDBG will augment a 2008 voter - approved $1.5 million bond fund which is insufficient for entire
Capital Improvement Project. "This project will include demolition and replacement of existing steel
and glass window walls and store front window units. The existing steel and glass wall will be replaced
with a stucco structure. The entire facility will be reroofed and a new dehumification system will be
added. This remodeled facility will serve the residents in the area and children in surrounding schools.
The project will also include resurfacing and repairing of existing driveways and parking areas."
Greenwood Library is located in Census Tract 16.02 Block Group 3. Our branch's geographic service
area encompasses the Census Tract listed in #7 of the Request for Proposal.
39
$50,000
Fair Housing Education, Remediation and Dispute Services
This program is intended to meet a community need by principally benefitting low income persons in
preserving or exercising civil protections in the process to obtain housing or to remediate and reside in
a equal and fair housing enviroment free of slums, blight and driscrimination. This program would also
(1) address the HUD national objective as a fair housing activity to serve low /moderate income
persons; and (2) address the local "Analysis of Impediments to Fair Housing" findings of a lack of
public awareness and public resources, as "knowledge of available resources and assistance is a
critical component." The estimated number of low /moderate persons to be served is 219,415 during
Year 1, in such areas of concern as; Landlord- Tenant issues, Housing Discrimination, Dispute
Resolution (mediate /conciliation), and Education /Outreach and Intake Services.
52
$100,000
Joe Garza Recreation Center Roof
Replacement of the roofing system on the building. There are water leaks in areas such as the Arts
and Crafts room and the large storage closet. This needs to be done to protect the structure of the
building and to be able to continue to use the building before conditions inside the building make use
of the structure dangerous. There are already ceiling and walls, along with insulation and walls that
need to be addressed becuase of the roof leaks.
57
$118,750
Life Skills Program - JAC
Workbooks to teach cognitive skills and communication skills between parents and juveniles. This will
be used to train parents of at -risk children and the at -risk child themselves to better deal with life.
58
$9,000
Lindale Senior Center
Parking lot improvements are needed to address the safety issue of senior citizen customers as they
park their vehicle and walk to the senior center for services.
59
$150,000
2
Mortgage Servicing
Staff salaries and operational funding of our Mortgage Servicing section. Current, salaries include just
one person that manages the servicing of all loans provided through the City's Single Family
Rehabilitation Loan Program. Requesting an additional staff person be hired to assist. Services
include collection of loan payments; paying property taxes and annual insurance premiums; managing
the individual homeowner's escrow accounts; providing homeowners with Tax form 1098; preparing
end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports;
conduct daily posting of payments; and handle release of liens on loans that are paid off. Counseling
is provided regarding payment alternatives and establising payment plans. Mortgage Services is
currently servicing 850 different types of loans. Increases in Self Insurance and Group Insurance have
been worked into this budget request.
63
$81,000
Neighborhood Initiative & Model Block(s) Program Improvement Projects
This request would support the Model Block Program Nieghborhood (MBP) Site #1: support the
commencement of Model Block Site #2 and would be essential in the continued support of "Special
Projects" in the twenty -two Neighborhood Initiative Program (NIP) sites that are in the CDBG Target
Areas. Special Projects such as, but not limited to, neighborhood clean up campaigns, materials for
"do -it- yourself" repairs, and other improvement projects will be conducted to provide continuous efforts
to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard sturctures
and clearance of properties and construction of public improvements are also a priority in order to
eliminate slums and blight in the NIP Sites. Neighborhood planning will also work in conjunction with
short-term and long -term projects to help eliminate or reduce further housing and neighborhood
deterioration. Short term projects will include minor or major repairs for homeowners; long -term
planning will be a direct benefit for aiding residents with implementing projects and programs of
sustaniability efforts in NIP
sites and Model Block Program Sites and will assist in eliminating blight, beautifying neighborhoods
and creating a positive identity for the neighborhoods.
65
$100,000
Rehabilitation Services
This is the operating budget for staff that service the various housing programs included are staff
salaries. Staff provides services for the Single Family Rehabilitation Loan Program; Emergency Home
Repair Grant Program; $5,000 Homebuyer Programs; Support services for the Type A Board, services
for the CCCDC. These programs are designed to assist low and very low income households.
Services include Loan Counseling, Loan Processing; Homebuyer Classes; developing specifications
and plans; monitoring of construction projects through inspections: estimating project costs;
processing of homebuyer applicants; and conducting inspections.
77
$647,000
Residential Traffic Management Program
In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which
provides for installation of speed humps to improve neighborhood traffic safety on local residential
streets. This program includes the possibility for residents to share in the cost of the installation of
speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bear
the residents' share of installation of costs in qualified CDBG eligible tracts.
80
$17,000
Single Family Rehabilitation
The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans
to homeowners interested in rehabilitating their homes. It is estimated that 10 units will be rehabilitated
or reconstructed. These funds will also be used to demolish and relocate homeowners being assisted
with the rconstruction of their homes. The funds provided for demolition and relocation will be provided
as a grant to the homeowner. Requesting $900,000 (Loans - 522,000, Demolition - 171,000,
Relocation - 207,000).
86
$600,000
South Bluff ADA Access Trail
Sidewalks for the 2 parking lots to the Restrooms, the playground area and to Tancahua St. Project
would include park benches and table along the route of the sidewalk. Presently people must travel
over dirt and grass areas to gain access to the amenities in the park
87
$60,000
South Bluff Pavillion
Pavillion 40 x 60 foot to provide shade and tables for visitors and events in the park. Would require
sidewalks or trails to connect and provide access to parking and restrooms.
88
$75,500
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, rt �j � � � t: � �"°� "', � �pq �� ��'$ � ��,�
i
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89
$359,000
Southmoreland Addition Area Street improvements 3B - 4B -Part 3
This project consists of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk,
ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B . Part 3 is the
third portion of the project to be constructed . Part 1 has been donstructed and Part 2 is being
constructed currently. This project plans which are complete and ready for construction.
AVANCE
Construction of new (4000 sgft) facility, The Berta Gonzalez Education Center, to conduct program
services for low income, at risk families
106
$175,828
Coastal Bend Alcohol & Drug Rehabilitation Center d /b /al Charlie's Place
In order the provide state mandated structured activities to clients in substance abuse treatment,
Charlies Place request the funds to rehabilitate the exterior space of our facility. The rehabilitated
space will provide a safe, accessible area for therapeutic activities, outdoor groups, visitation, and
exercise. Capital Contribution $1,000
142
$99,000
Coastal Bend Center for Independent Living
Construction of home modifications /wheelchair ramps will provide people with disabilities access to
their homes and community
173
$107,000
Corpus Christi Hope House
The project is for replacing four air conditioning units, renovate three bathrooms, and replace flooring
throughout two shelter facilities The will benefit up to 31 homeless women and children daily. Capital
Contribution $12,400
202
$49,600
Corpus Christi Metro Ministries
The project includes the acquistion of property adjacent to current facilities. The metal building is
uninhabitable and will be demolished to provide parking spaces for the low income, elderly and
disabled clients that come to access shelters, free cafeteria, free clinic and other social services.
Capital Contribution $5,000
237
$174,300
Del Mar College /Business Resource Center
Small business counseling & training assistance; assistance with job creation /retention opportunities
for Low /Moderate Income (LMI) & Section 3 persons /business. Outreach /marketing efforts to better
reach LMI's. Capital Contribution $1,251.933
271
$175,000
Nueces County Community Action/Weatherization!Minor Home Repair
27 Very low income homes will be targeted for minor home repairs and weatherization making home
more energy efficient. Capital Contribution $2,080,826
297
$80,000
Sea City Work Camp
Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and for elderly
homeowners in Corpus Christi.
324
$50,000
Wesley Community Center
Roof for public facility that provides services for extremely low to low income.
352
$100,000
CDBG PROGRAM TOTAL
$5,053,793
-17-
4
FY2010 CONSOLIDATED ANNUAL ACTION
ADOPTED EMERGENCY SHELTER GRANT (ESG)
PLAN
PROGRAM
3 ` �" � 3 �
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vy5
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�y � Sin i� i + ��` �" zy' q r� �"i�'l' �Y 3��1ss�� �'Y d $ 3i � ��3" •'s��� �
-i_ �.n, v n ,'k''? -hu. � $...,,��,. n.. r�A w. , >.. :�.t" ...�+M .. _. �' - _ <. °i.•.. . _.., '...
:Eras.,, >..
Catholic Charities of Corpus Christi
Provision of Homeless Prevention including short -term subsidies, security
deposits or 1st month's rent, mediation programs, legal services and
payments to prevent foreclosure on a home.
376
$12,000
City of Corpus Christi - ESG Administrative Cost
Administrative cost is being requested in essence to offset cost for the
participation in the Homeless Management Information System (HMIS). HMIS
is a Mandated database for those agencies receiving ESG Emergency Shelter
Grant Program, Homeless Prevention & Rapid Rehousing Program and
Continuum of Care Grant Program Funds.
393
$7,445
Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place
Provision of Essential services including services concerned with
employment, physical health and education for the homeless. Payment of
maintenance operations including rent, insurance, utilities and furnishings.
394
$12,000
Corpus Christi Hope House
Provisions of Essential Services salaries for assistance and counseling.
O•eration and Maintenance, utilities, re•airs, insurance, •hone, and food.
414
$12,000
Corpus Christi Metro Ministries
Provision of Essential Services including services concerned with
employment, physical health and education for the homeless. Provision of
Homeless Prevention incuding short term subsidies, security deposits or 1st
month's rent, mediation programs, legal services and payments to prevent
foreclosure on a home. Payment of maintenance and operations including
rent, insurance, utitlies and furnishings.
451
$30,000
Mary McLeod Bethune Day Nursery, Inc.
Provision of Essential services including services concerned with employment,
physical health and education for the homeless. Payment of maintenance and
operations including rent, insurance, utilities and furnishings.
482
$12,000
Recovery Contacts, Inc.
Provision of Essential services including services concerned with employment,
physical health and education for the homeless. Payment of maintenance
operations including rent, insurance, utilities and furnishings.
500
$4,584
South Texas Substance Abuse Recovery Services, Inc.(STSARS)
Provision of Essential services including services concerned with employment,
physical health and education for the homeless. Payment of maintenance
operations including rent, insurance, utilities and furnishings.
513
$5,000
The ARK Assessment Center and Emergency Shelter for Youth
Payment of maintenance, operations including rent, insurance, utilities and
furnishin.s. Current Fundin' $12 000
535
$12,000
The Salvation Army
Provision of Essential Services concerned with employment, physical health
and education for the homeless. Payment of maintenance and operations
includin• rent, insurance, utilities and furnishin.s.
558
$20,000
Timon's Ministries
Payment of maintenance and operations including rent, insurance, utilities and
furnishings.
584
$9,887
-18-
Wesley Community Center
Provision of essential Services, Child care for low income and homeless
families. Payment of maintenance and operations Including rent, insurance,
utilities and furnishings.
ESG PROGRAM TOTAL
600
$12,000
$148,916
-19-
2
FY2010 CONSOLIDATED ANNUAL ACTION PLAN
ADOPTED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM
FY2010 HOME Allocation
Program Income
American Dream Downpayment Initiative (ADDI)
TOTAL FUNDS AVAILABLE FOR FY2010 HOME PROGRAM
$1,775,515
$130,000
$0
$1 905,515
-
Homebuyer Assistance Program ($5,000)
Provide deferred forgivable loans to low income homebuyers to assist them with down payment
and closing costs for the purchase of a home.
616
$100,000
Home Administration/Technical Assistance**
Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring
and evaluation, contracting, recordkeeping /reporting and overall program management.
Technical assistance will be provided to enhance the capacity of CHDO's, non - profits,
owners /investors of rental property and other organizations that may participate in the program.
May include administrative funds for direct operating support for the CHDO's.
617
$177,551
Major Rehabilitation
Provide loans to low income homeowners to assist them with major rehabilitation of their homes.
618
$550,000
Costa Tarragona II
Will be a 96 unit multi - family development located +/ -6.9 acres in Corpus Christi, Tx. The
development will be 100% affordable serving at 30 %, 50% and 60% of AM!
619
$777,964
Nueces County Community Action Agency (NCCAA)-
Rental Property Acquisition - CHDO * **
To address a shortage of affordable housing units in Corpus Christi, NCCAA is requesting
funding for the acuisition and renovation of an existing rental unit property for households at
80% or below the area median income. NCCAA will acquire rental units and maintain ownership
thus securing affordable housing stock for the community's future. NCCAA is cautious to
commit to a site but can have site control of a property within 30 days of award and agreement
with City.
644
$300,000
HOME PROGRAM TOTAL
$1,905,515
* Subrecipient's /Other Entities / CHDOs are contracted thru the CCCIC or the CCHFC
** HOME administration (10 %) proportionately increases in alignment with the entitlement allocation
* ** COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDOS) - The City of Corpus Christi must set aside, by HOME program federal
regulations, a minimum of 15% ($270,000) of the entitlement for use by CHDOs within a 24 -month period which is an estimated total.
2
ADVISORY COMMITTEE ON COMMUNITY PRIDE — One (1) vacancy with term
to 8- 25 -11. (Appointed by the Mayor with approval of the Council)
DUTIES: To advise the Mayor and City Council on development and implementation of
a comprehensive community pride campaign that will interrelate with the efforts and
purpose of the Clean City Advisory Committee.
COMPOSITION: The committee shall consist of eleven (11) members appointed by the
Mayor with approval of the City Council to serve two -year terms. Of the initial
members, six (6) members shall serve a two -year term and five (5) members shall
serve a one -year term, as determined by a drawing to be conducted by the City
Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of
Public Information and the Director of Neighborhood Services shall serve as ex- officio
without vote.
ORIGINAL
MEMBERS TERM APPTD. DATE
Stacy Richards 8 -25 -10 8 -25 -09
Monica McLeod Sawyer 8 -25 -11 8 -25 -09
Ryan Ridlehuber 8 -25 -10 8 -25 -09
C. Michelle Peters 8 -25 -11 8 -25 -09
James Chrobocinski 8 -25 -10 8 -25 -09
Mark Minutaglio 8 -25 -11 8 -25 -09
Philip John Ramirez, A.I.A. 8 -25 -10 8 -25 -09
J. Kyle Davidson 8 -25 -11 8 -25 -09
Ryan R. Griffith 8 -25 -10 8 -25 -09
* * *Evonne M. Gottsch 8 -25 -11 8 -25 -09
Will Douglas 8 -25 -11 8 -25 -09
Director of Public Information Ex- Officio, Nonvoting
Director of Neighborhood Services Ex- Officio, Nonvoting
(The Advisory Committee on Community Pride is recommending the new appointment of
Elisa Macias.)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
OTHER INDIVIDUALS EXPRESSING INTEREST
Savannah Nicole Antunez
Oscar Carmona
Bob Copes
Received AA in Psychology from Del Mar College and BS
in Psychology from Texas Woman's University. Activities
include: The Cattery Cat Shelter and Private Tutor.
(3/5/10)
Marketing Manager, Xerox Document Solutions Agency.
Received BA in Human Resource Management from Texas
A &M University - Corpus Christi. Currently Enrolled at
Whitefield Theological Seminary. Graduate of Corpus
Christi Leadership Class 36. Activities include: South
Texas Childrens Home Ministry, Teen Challenge and City
Church Corpus Christi. (1/20/10)
Sole Proprietor, Copes Communications Consulting.
Received a Bachelor of Science Degree in Chemical
Engineering. Recipient of 2006 ARC Awards Silver
Winner, League of American Communication Professionals
2007 Vision Platinum Award and 2008 ARC Awards
Bronze Winner. (12/14/09)
Gary Brandon Cunningham Project Analyst III, BAE Systems. Received BS in
Business Administration from Texas A &M University-
Corpus Christi. Activities include: Men's Ministry — Bay
Area Fellowship. (1/27/10)
Daniel Hall Self - Employed, Speaker and Writer. Received a Bachelor
of Science in Nursing and a Juris Doctorate. Activities
include: Board of Directors for the south Texas Family
Planning and Health Corporation. (2/5/10)
Austin Harbin Table Tender, Carino's Italian. Attending Del Mar
College. Recipient of the national Young Leaders Award
and the Eucharistic Cross Bearer Award. (3/22/10)
Christina Hernandez
Bennel Jackson
Sally Ann Lewis
Judy Loverde
Daniel R. Lucio
Assistant Director o Education, Planned Parenthood of
South Texas. Received BS in Criminal Justice and MS in
Counseling from Texas A &M University - Corpus Christi.
Activities include: YWCA, Youth Continuum of Care
Coalition, Corpus Christi community Resource Council,
and Corpus Christi Under 40. Recipient of Texas Youth
Commission Individual Award Winner 2009 and Corpus
Christi Under 40 Recipient 2008. Graduate of Leadership
Corpus Christi 2009. (1/26/10)
Semi- Retired, Nurse. Activities include: Pilgrims Baptist
Missionary Church. (3/10/10)
Educational Technology Consultant, Pearson. Received an
Associates Degree in Psychology from Del Mar College.
Received a Bachelor's Degree in Psycholgoy /Education
from Corpus Christi State University. Activities include:
Texas Staff Developers Association, Texas Middle School
Reform, and National Staff Development and Training.
Recipient of Teacher of the Year at Montclair Elementary,
Cunningham Middle School and Baker Middle School.
(2/22/10)
Retired. Attended Del Mar College. Activities include:
ASSET Program of AmeriCorps, Financial Literacy
Navigator, Social Security Administration Representative
Payee, Art Center of Corpus Christi, National Secretaries
Association, and Texas Democratic Women. (8/24/09)
Program Coordinator, Coastal Bend Bays Foundation.
Received BA in Psychology from University of Texas at
Brownsville and Currently Enrolled in MPA Program at
Texas A &M University - Corpus Christi. Activities include:
Hispanics for the Advancement of Community and
Educational Readiness, STAND- Texas A &M University -
Corpus Christi, Career Explorers Program, City of Corpus
Christi Economic Stimulus Project, Clean Economy
Coalition Surfrider Foundation and Delta Chi. (2/9/10)
Elisa Macias
Director of Sponsor Services, Corpus Christi Hooks
Baseball Club. Received a Bachelor's Degree in Language
Arts from St. Edward's University. Activities include:
American Diabetes Association, Miracle League of Corpus
Christi, Corpus Christi Police Athletic League, American
Heart Association, March of Dimes, Jr. Achievement, ALS,
Relay for Life and Leadership Corpus Christi. (3/22/10)
Christie Martinez OWP -Clerk IV, State of Texas Health and Human Services
Commission. Received a Bachelors in Finance from Texas
A &M University - Corpus Christi. Activities include:
HHSC Volunteer Committee -Flynn Parkway. (4/8/10)
Monica Pena -Moore Director of Special Events, Corpus Christi Chamber of
Commerce. Activities include: Cub Master, Wednesday
Morning Group, National Multiple Sclerosis Society, and
American Cancer Society -Relay for Life. (12/1/08)
Veronica Perez Volunteer/Event Coordinator, Volunteer Center of the
Coastal Bend. Received an AA in Journalism and Pursuing
a BA in Cross Cultural Studies. Activities Include: Brown
Bag Challenge, Journey to Damascus, Walk to Emmaus,
Kairos Outside, Rachel's Vineyard, YWCA Board, World
Vision Sponsor and Operation Paintbrush. (2/3/10)
Tony Reyes
Virginia Rodriguez
Gloria Sykes - Saucedo
Self - Employed, Founder Mission 911. Attended Del Mar
College. Activities include: Amistad, Community of
Shalom, Mission 911, and FYLIP. (1/26/10)
Communications Intern, Corpus Christi Chamber of
Commerce. Currently Attending College at Texas A &M
University - Corpus Christi. Activities include: Student
Academic Advisor for Transition Center, Intern for United
States Congressman Solomon P. Ortiz, Communication
Intern for Chamber of Commerce, Hispanics for the
Advancement of Community and Educational Readiness,
K.E.Y.S. Walk, Texas Democratic Women, and Bold
Future. (2 /3/10)
Manager of Volunteer Services, Odyssey Healthcare.
Received an Associates Degree. Activities include: Fund
Raisers, Volunteer at Nursing Homes and Volunteer with
Foster Children. (1/14/10)
Britni Summers -Brown Sales and Marketing Coordinator, Cricket
Communications. Received BA from Texas A &M
University- Corpus Christi. Activities include: Rebuilding
America, National Rebuilding Day, and TAMU -CC
Alumni Association. (1/12/09)
COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION —
Seven (7) vacancies with terms to 4 -1 -12.
DUTIES: To promote the public interest in the City of Corpus Christi by cooperating
with health care facilities within the City which may wish to take advantage of legislation
in financing their facilities.
COMPOSITION: Board of Directors — Nine (9) members for 2 -year terms; seven (7)
to be appointed by the City Council, 1 to be the City Manager of the City, and 1 to be
the Assistant City Manager of Development Services of the City. Officers to be elected
by the Board.
ORIGINAL
MEMBERS TERM APPTD. DATE
*Jack Solka 4 -01 -10 10 -16 -84
*Erika Escobedo- Benson 4 -01 -10 5 -11 -99
*Judy Telge, Vice - President 4 -01 -10 7 -03 -90
*Dr. Richard Davis 4 -01 -10 6 -08 -99
*Annie J. Castro 4 -01 -10 7 -03 -90
*Curtis A. Rock 4 -01 -10 4 -14 -98
*Dan Winship, President 4 -01 -10 4 -07 -92
Angel R. Escobar, City Manager
Johnny Perales, Assistant City Manager
OTHER INDIVIDUALS EXPRESSING INTEREST
Chris Hamilton
Ida Alvarado Hobbs
Vice - President, KJM Commercial, Inc. Received Bachelor of
Science in Construction. Activities include: Associated
General Contractors Board of Directors. Serves on the
CCCIC/Loan Review Committee. (12- 10 -08)
Risk Manager/Registered Nurse, Corpus Christi Medical
Center. Received Bachelor of Science in Nursing.
Activities include: CASA Volunteer. Recipient of
Outstanding CASA Volunteer of the Quarter. (4- 22 -09)
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
Edward Kownslar
Christie Martinez
Ronald J. Moore
Charles Pendlyshok
Carmela P. Quintanilla
Meghan Reger
Associate Director, Mary and Jeff Bell Library, Texas
A &M University - Corpus Christi. Received Bachelor's
Degree from University of Kansas, Master's Degree from
University of North Texas, and Master's Degree from
Texas A &M University - Corpus Christi. Activities include:
Board of Directors - Family Counseling Services of Corpus
Christi, Texas Library Association and American Library
Association. (10 -9 -08)
OWP -Clerk W, State of Texas Health and Human Services
Commission. Received a Bachelors in Finance from Texas
A &M University - Corpus Christi. Activities include:
HHSC Volunteer Committee -Flynn Parkway. (4 -8 -10)
Plant Manager, Coastal Bend Surgery Center. Owner of
Coastal Mediations. Received Associates Degree in
Paralegal Studies and Mediation Certification form the
South Texas College of Law. Activities include: Dispute
Resolution Center, Better Business Bureau Mediation
Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09)
Regional Manager, Human Military Healthcare Services.
Retired Healthcare Delivery System Executive. Received
B.S. from Widener University, M.A. from Incarnate Word
University, and M.B.A. from Widener University.
Activities include: Certified Senior Advisor, Licensed
Insurance Producer and Volunteer and Sailing Instruction.
(11- 20 -08)
Vice President - Family Care Services, Blue Sky Hospice.
Received Masters Degree in Social Work from University
of Houston. Activities include: South Texas Social
Workers Society and Vision YC. (11- 12 -09)
Teacher, Corpus Christi Independent School District.
Received Bachelor of Science from Linfield College at
Portland, Oregon and Masters of Public Health from Emory
University at Atlanta, Georgia. Activities include:
Neighborhood Clean Up. (11- 18 -09)
James M. Richardson Vice - President, Tac Med, Inc. Attended College. (2 -9 -10)
Michael O. San Miguel
Randal Salazar
Woodrow Mac Sanders
Received BS from University of Texas -San Antonio.
Formerly Served on Small Business Advisory Board.
Participated in City of Corpus Christi Citizen University
(2007). Activities include: CompTIA and Pearson. (10 -6-
09)
Owner, Custom Design Construction G.C., L.L.P.
Received BS in Liberal Arts from Texas A &I University at
Kingsville,Texas, and Texas Technical Harlingen
Associated Building Construction . OSHUA Certified in
Industrial Safety. Activities include: Volunteer for
CASA. Currently Serves on the Building Standards Board.
(1- 22 -10)
Medical Social Worker, Texas Department of State Health
Services. Received Bachelor of Arts from Texas A &I
University, Kingsville, Master of Science-
Psychology /Counseling and Guidance from Corpus Christi
State University and Post Masters Degree work toward
ED.D. Activities include: Licensed Baccalaureate Social
Worker, Adjunct Professor of History at Coastal Bend
College, and Board Member of Selective Services System.
(4- 24 -09)
Amber Sayre Currently Attends Del Mar College, Registered Nurse
Program. (10 -6 -09)
Gloria Sykes- Saucedo
Manager of Volunteer Services, Odyssey Healthcare.
Received an Associates Degree. Activities include: Fund
Raisers, Volunteer at Nursing Homes and Volunteer with
Foster Children. (1- 14 -10)
ELECTRICAL ADVISORY BOARD — Three (3) vacancies with terms to 12 -31 -11
representing the following categories: 1- master electrician, 1- regular engineer and 1-
commercial builder.
DUTIES: To evaluate work experience, education, and other qualifications of applicants
for electrician licenses, preparation and grading of examinations for each classification of
electrician required to be examined; to prescribe the manner and sequence of
examinations; to revoke or suspend license on proof of infractions; to recognize licenses
issued by other cities if they meet the requirements of the City Code. An applicant who
fails an examination three times may appeal to the City Manager to appoint a special
board to examine said applicant.
COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons
with at least five years active experience as a master electrician; one (1) person with at
least five years active experience as a journeyman electrician; two (2) engineers: one (1)
shall be a registered professional engineer in the State of Texas, and one (1) shall have a
Bachelor Degree in Electrical Engineering and a minimum of five years experience in
electrical engineering; one (1) person with five years experience in the commercial
building industry; one (1) person with five years experience in the home building
industry; and one (1) member, resident of Corpus Christi, not connected with the
electrical industry.; one (1) field representative from a utility power distribution
company; and one (1) person in the electrical supply business. Six (6) members of the
Board constitute a quorum, and concurring vote of not less than six (6) members is
necessary to constitute an official action of the Board.
MEMBERS
*Florentino Vasquez (Master Elec.), Vice Chair
Michael S. Riley (Master Elec.)
Billy Ashcraft (Utility Power Dist.)
Bhaskar Patel (Not conn. to elec. industry)
Craig Loving (Journeyman Elec)
*Jared M. Merdes, P.E. (Reg. Engineer)
*David Schury (Commercial Builder)
William Kevin Pitchford (Home Builder)
Lee Montgomery (Electrical Eng), Chair
Don Fretwell (Electrical Supply Business)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
TERM
12 -31 -09
12 -31 -10
12 -31 -10
12 -31 -10
12 -31 -10
12 -31 -09
12 -31 -09
12 -31 -10
12 -31 -10
12 -31 -10
ORIGINAL
APPTD. DATE
12 -20 -05
1 -23 -07
1 -23 -07
1 -23 -07
1 -18 -05
3 -25 -08
2 -12 -08
1 -13 -09
1 -18 -05
1 -23 -07
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NA1'IE THIS TERM
Florentino Vasquez (Master Elec) 3
Jared M. Merdes, P.E. (Reg Eng) 3
David Schury (Comm. Builder) 3
NO.
PRESENT
2
3
2
% OF ATTENDANCE
LAST TERM YEAR
66%
100%
66%
(Note: Development Services has made efforts to recruit bios for this Board since
November, 2009. They have not received any bios for the specific categories that are
required. If Council wishes, this appointment can be postponed for further
recruitment efforts.)
PARK AND RECREATION ADVISORY COMMITTEE — One (1) vacancy with
term to 8- 23 -10. (Since the term ends on 8- 23 -10, it is recommended that the
appointment be for a new two-year term ending 8- 23 -12.)
DUTIES: To provide advice on City parks and buildings therein, public outdoor
recreation areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are
residents of the City and serve without compensation for a two -year term beginning
August 23, or until their successor is appointed. The Board elects its Chairman.
ORIGINAL
MEMBERS TERM APPTD. DATE
Art Norman 8 -23 -11 11 -10 -09
Rene Richard Gutierrez, Vice Chair 8 -23 -10 10 -17 -06
Huxley Smith 8 -23 -10 5 -26 -09
Ron Woods 8 -23 -10 6 -17 -08
Lisa Ann Torres 8 -23 -11 6 -17 -08
** *Kendal Keyes 8 -23 -10 8 -12 -08
Rita Sonia Herrera - Padron 8 -23 -11 5 -26 -09
Dr. Jinsun Kim 8 -23 -11 3 -11 -08
Sylvia Samaniego 8 -23 -11 12 -18 -07
Carrie Robertson 8 -23 -10 8 -12 -08
Carlos Haney 8 -23 -11 2 -24 -09
(The Park and Recreation Advisory Committee is recommending the new appointment
of Dorina Ramirez.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Rick Barrera
General Manager, HomeField Outdoor Living. Currently
Attending Corpus Christi Theological Seminary. Associate
Pastor. Activities include: Social Media Club of Corpus
Christi and Corpus Christi Metro Ministries. (8- 21 -09)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
Rodney Buckwalter
Manager, Training & Quality, First Data Corporation.
Received A.A. from Del Mar College, B.A. and M.S. from
Texas A & M University — Corpus Christi. Activities
include: Management Development Advisory Committee —
Del Mar College, American Society for Training and
Development, Patriot's Band and Honor Guard of America.
(6 -5 -09)
Angelica Carmona Salon Manager, Planet Sol Hair Salon. Attended Texas
&M University - Corpus Christi. Activities include: Corpus
Christi Pregnancy Center, Mission 911, and City Church
Corpus Christi. Graduate of Leadership Corpus Christi
Class 37. (6 -5 -09)
Samantha Chase Special Education Instructional Paraprofessional II, Corpus
Christi Independent School District. Received a Master's
Degree in Education. Activities include: Kappa Delta Pi,
Golden Key International Honor Society, International
Reading Association and Student Reading Council. (11 -18-
09)
Ralph Chavez Bakery Supervisor, Corpus Christi Independent School
District. Activities include: Carroll Tiger Band, Musician,
Golfer and Outdoorsman. (4- 15 -10)
Elenita Collins
Bob Copes
Retired. Graduated from Southern Methodist University.
Activities include: Volunteers and Serves on the Board of
Governors at the Art Museum of South Texas. (4- 28 -09)
Sole Proprietor, Copes Communications Consulting.
Received a Bachelor of Science Degree in Chemical"
Engineering. Recipient of 2006 ARC Awards Silver
Winner, League of American Communication Professionals
2007 Vision Platinum Award and 2008 ARC Awards
Bronze Winner. (1-/14-09)
Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently
attends Texas A &M- Corpus Christi. Activities include:
National Youth Crime Watch of America Member and The
Rising Scholar — Texas A &M- Corpus Christi. Past Vice -
President of South Texas Hispanic Baptist Youth
Encampment. (5 -5 -09)
Brian Thomas Doggett Managing Member, Island Aquatics, LLC. Attended
Virginia Commonwealth University. Activities include:
President - Independent pool and Spa Service Association.
(b- 17 -09)
Becky Flores
Dana Fowlks
Robert A. Franklin
Shannon Gabriel
Raymundo G. Garcia
Mike Garey
Anthony Gavlik
Realtor, USA Freedom Realtors. Received Associate
Degree in Computer Programming. Licensed Realtor and
Loan Officer. (1- 19 -09)
Product consultant, TriZetto Group. Received a Bachelor's
Degree in Science Information Systems from the
University of Phoenix. Activities include: CC Pride Day.
(1- 20 -10)
Business Analyst/Project Manager, Navy Army Federal
Credit Union. Received AS and BS in Business
Management from Park University at Parkville, Missouri
and MBA in Business Administration from Texas A &M
University - Corpus Christi. Recipient of Navy and marine
Corps Commendation Medal and Achievement Medal. (7-
15-09)
Marketing Manager, Outback Steakhouse. Attending Del
Mar College. Activities include: Beach Clean Ups,
American Cancer Society -Relay for Life, Corpus Christi
Chamber of Commerce and Corpus Christi of Commerce
Ambassador Program. (8- 14 -09)
Retired, United States Postal Service. Received Associates
Degree in Science from Del Max College. Activities
include: Pan American Golf Association and Teach
Driver's Safety Courses for the AARP. (11 -9 -09)
Preparation Chef, OMNI Hotels. Received degree in
Architecture from University of Arkansas and a degree in
General Business from Texas A &M University - Corpus
Christi. Activities include: Habitat for Humanity. (4 -22-
09)
EIT, Naismith Engineering. Received Bachelor of Science
in Civil Engineering from Texas A& M University-
Kingsville. Activities include: American Society of Civil
Engineers and Texas Society of Professional Engineers.
(4- 15 -09)
Meredith N. Grant
Daniel Grimsbo
Homemaker. Received B.A. in English from Texas A &M
University - Corpus Christi. Certified Interior Decorator.
Activities include: Junior League of Corpus Christi, Art
Museum of South Texas, and Beautify Corpus Christi
Association. (10- 14 -08)
Utility Energy Manager Supervisor, Department of the Navy.
Received Bachelor of Science of Civil Engineering from The
Citadel, Master of Science Business Organizational
Management from University of La Verne and master of
Urban Planning from University of Illinois. Licensed
Professional Engineer and Certified Planner. Activities
include: Society of American Military Engineers, Habitat for
Humanity, Red Cross Bash, Food Bank and Air Shows. (3-
10-10)
Mary Catherine Handy Assistant Branch Sales Manager, IBC Bank. Attended
College. Activities include: Corpus Christi Chamber of
Commerce, March of Dimes, Buc Days, and Junior
Achievement. (2 -9 -09)
Austin Harbin Table Tender, Carino's Italian. Attending Del Mar
College. Recipient of the national Young Leaders Award
and the Eucharistic Cross Bearer Award. (3- 22 -10)
Keron E. Hasley Assistant Cashier, IBC Bank. Attended Del Mar College.
Activities include: United Way Allocations Committee.
(4- 17 -09)
Dennis Havel Maintenance Superintendent, Valero Refinery. Received
Associates Degree from Wharton Jr. College. Activities
include: Baseball Coach for Oso Pony League, Director of
Pony Baseball League. Served on Oso Pony Board, United
Way Golf Commission and American Cancer Golf
Commission. (6 -8 -09)
Kevin Horrigan
Marketing Manager, South Texas Lighthouse for the Blind.
Attended Darden School of Business, University of
Virginia. Activities include: Volunteer at Lighthouse for
the Blind. Recipient of the Milton J. Samuelson Award for
2009. (1- 21 -09)
Jerry Lip streu
Lydia Lorenzi
Christie Martinez
Victor Menard
Jordan Michael
Keith Parker
Monica Pena -Moore
Area Manager, Kleinfelder. Received B.A. from
University of Texas at Austin. Activities include: West
Corpus Christi Rotary and Port Aransas Boatmen. (4 -30-
09)
Formerly Transition Specialist, San Antonio Independent
School District, Alamo Achievement Center, San Antonio,
Texas. Received BA from Our Lady of the Lake College
and MA from Our Lady of the Lake University. Recipient
of San Antonio Independent School District Teacher of the
Year and Texas Governors Award for Volunteer Service.
(4- 28 -09)
OWP -Clerk IV, State of Texas Health and Human Services
Commission. Received a Bachelors in Finance from Texas
A &M University - Corpus Christi. Activities include:
HHSC Volunteer Committee -Flynn Parkway. (4 -8 -10)
Taxpayer Liaison Officer, Nueces County Appraisal
District. Retired, United States Navy, Master Chief Air
Traffic Controller and Viet Nam Veteran. Activities
include: Former Water Shore Advisory Committee
Member — Vice Chair, AARP, Mayor's Fourth of July
Committee, Boys and Girls Club of Corpus Christi, Habitat
for Humanity, Neighborhood Visions and Flint Hills
Community Action Council. Recipient of the "Positive
Place Award ". (11- 6 -09))
Convention Service Manager, Omni Hotels. Received
Bachelor's Degree in Recreation, Park and Tourism
Sciences from Texas A &M University- College Station.
Activities include: Junior League of Corpus Christi. (6 -12-
09)
Senior Mechanical Engineer, Bath Engineering/Noresco.
Received BS in Mechanical Engineering. Activities
include: ASHRAE and AEE. Serves on the CCCIC/Loan
Review Committee. (4- 23 -09)
Director of Special Events, Corpus Christi Chamber of
Commerce. Activities include: Cub Master, Wednesday
Morning Group, National Multiple Sclerosis Society, and
American Cancer Society -Relay for Life. (12 -1 -08)
Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy.
Retired United State Navy. Activities include: American
Society for Quality and USO of South Texas Volunteer.
Recipient of Southeast Asia Service Medal, Navy
Expeditionary Medal and Global War on Terror Medal.
(10 -6 -09)
Dorian E. Ramirez Clerk of Court, Thirteenth Court of Appeals. Received
B.M. from Indiana University and J.D. from University of
Houston. Founder of Corpus Christi bicycle Safety
Campaign `Be Kind to CyClists ". Activities include:
Biking, Running, Swimming, South Texas Area Runners
Riders and Swimmers, Cellist, The Cattery, Corpus Christi
Bar Association, and Corpus Christi Yacht Club. (8- 13 -09)
James M. Richardson Vice - President, Tac Med, Inc. Attended College. (2 -9 -10)
Kim Rottet
Abel A. Sanchez
Assistant Director Recreational Sports, Texas A &M
University - Corpus Christi. Received Bachelor of Science
from Ball State University at Muncie, Indiana and Master
of Sport Science from United States Sports Academy at
Daphne, Alabama. Activities include: NIRSA Outdoor
Recreation Committee and Serves on Committees affiliated
with Texas A &M University - Corpus Christi. (3- 13 -09)
Retired, United States Postal Worker. Attended Del Mar
College. Activities include: Youth Football Coach. (4 -16-
09)
Amber Sayre Currently Attends Del Mar College, Registered Nurse
Program. (10 -6 -09)
Judi Sisson Owner, Pet Grooming Business and Non - Profit Humane
Animal Rescue Group. Graduate of Long Island
University, New York. Student and Substitute Teacher.
Community Organizer. Attended Citizen University.
Recipient of Jefferson Award. (8- 21 -09)
Andrew G. Smith
Gloria Sykes - Saucedo
Business Consultant, Education Service Center Region 2.
Received BBA in Accounting from University of Texas at
Austin and Master of Public Administration from Texas
A &M University - Corpus Christi. Activities include:
Texas Association of School Business Officials, Church
and Sailing. (2 -5 -10)
Manager of Volunteer Services, Odyssey Healthcare.
Received an Associates Degree. Activities include: Fund
Raisers, Volunteer at Nursing Homes and Volunteer with
Foster Children. (1- 14 -10)
Scot Taylor Store Manager, Factory Builder Stores. Activities include:
Builder Association of Corpus Christi. (8- 11 -09)
Jesus M. Trevino Currently attends College. (8- 26 -09)
Betty Trigo
Michael Tromm
Steve Trubatisky
Denise S. Villagran
Coordinator, Corpus Christi Independent School District.
Licensed Social Worker. Received Bachelors Degree in
Criminal Justice and Masters Degree in Counseling.
School Administrator Certification. Activities include:
Principals Association, South Texas Social Workers,
Westside Business Association, and Nueces County
Community Action Advisory Committee. (9- 10 -09)
Preshop Analysis Engine Examiner, Corpus Christi Army
Depot. Attended Del Mar College and General Motors
University of Automotive Management. Served in the
United States Air Force. Activities include: Maxine
Flournoy Third Coast Squadron of the Commemorative Air
Force. Recipient of Commemorative Air Force Silver
Magnolia Award. (1- 12 -09)
Real Estate Broker Associate, Realty World Island
Properties. Attended Tarleton State University,
Stephenville, Texas. Activities include: Corpus Christi
Association of Realtors. (2- 11 -09)
Regional Sales Manager, Allstate Workplace Division.
Received BBA and MBA from Corpus Christi State
University. Activities include: Coastal Bend Association
of Health Underwriters and St. Pius X Capital Campaign.
(4 -1 -09)
Timothy Weitzel
Manager, Retail Store. Attending Del Mar College
Activities include: Webmaster, Corpus Christi
Commodores Barbershop Chorus and National Piano Guild
Member. (11 -5 -08)
Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer
Meetings. (8- 10 -09)
WATERSHORE AND BEACH ADVISORY COMMITTEE — One (1) vacancy with
term to 12- 11 -11.
DUTIES: To advise and make recommendations regarding use or preservation of the
following areas within the city limits: the waterfront, the beaches, and the natural bodies
of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding
the Marina area as defined by Section 2 -264.
COMPOSITION: Nine (9) members appointed by the City Council for two -year
terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1)
Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or
condominium located on North Padre Island or Mustang Island; and one (1) shall be a
member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the
Watershore and Beach Advisory Committee shall act as an advisor to the Park and
Recreation Advisory Committee and vice versa. In the initial appointment members
will serve an initial two -year term, in the succeeding term, 5 members will serve a
two -year term, and 4 members will serve a one -year term, as determined by
drawing. Thereafter, all terms will be two - years.
ORIGINAL
MEMBERS TERM APPTD. DATE
Joanna Mott (Scientist) 12 -11 -10 12 -11 -07
Robert Thomas (Engineer) 12 -11 -11 12 -11 -07
Jake Herring (Environmentalist) 12 -11 -11 12 -11 -07
John Powell (Hotel/Condo Owner) 12 -11 -10 01 -12 -10
Kimberly Lemley (CVB) 12 -11 -11 12 -11 -07
Neil McQueen 12 -11 -11 12 -11 -07
** *Jim Needham 12 -11 -11 12 -11 -07
JoAnn Gilbertson 12 -11 -10 12 -11 -07
Willie Rivera, Jr. 12 -11 -10 01 -12 -10
(The Watershore and Beach Advisory Committee is recommending the new
appointment of either Steve Trubatisky, Jay Gardner or Cody Bates.)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
OTHER INDIVIDUALS EXPRESSING INTEREST
Cody Bates
Captain Ron Behnke
Curt L. Broomfield
Tyler Brown
Ivan A. Cavada
Cristi J. Caviness
Bob Copes
Timothy Scott Craig
Brian Thomas Doggett
President, TDL Plastics. Graduated from Texas Tech.
Received MS in Environmental Sciences from Texas A &M
University - Corpus Christi. Activities include: Surfrider
Foundation, CCA, and SEA. (4- 24 -09)
Self - Employed, Editor of Saltwater Angler Magazine.
Attended Del Mar College. Activities include: Texas
Outdoor Writers Association, CCA, SEA, and Licensed
United States Coast Guard Captain (Charter Captain). (4-
20-09)
CEO, South Beach, Inc. Retired from United States Marine
Corps. Activities include: Coast Guard Auxiliary, USO
Board and Rotary Club. (9 -8 -09)
Health and Safety Manager, Turner Industries Group
L.L.C. Attended Texas State Technical College. Activities
include: Billy Sandifer Annual Beach Clean Up and
Sharkathon Annual Fishing Tournament. (1- 11 -10)
Legal Assistant, Cavada Law Office. Attended College.
(11- 20 -09)
Tax Accountant, Rooke Scanio Interests, Ltd. Received
B.B.A. from University of the Incarnate Word, San
Antonio, Texas. (5- 13 -09)
Sole Proprietor, Copes Communications Consulting.
Received a Bachelor of Science Degree in Chemical
Engineering. Recipient of 2006 ARC Awards Silver
Winner, League of American Communication Professionals
2007 Vision Platinum Award and 2008 ARC Awards
Bronze Winner. (12- 14 -09)
Pipefitter, Kiewitt. Received A.A.S. in Drafting
Technology from Victoria College. (12 -7 -09)
Managing Member, Island Aquatics, LLC. Attended
Virginia Commonwealth University. Activities include:
President - Independent pool and Spa Service Association.
(6- 17 -09)
Sharon Emerson
Melissa Espitia
Robert Forest
Shannon Gabriel
Jay Gardner
Anthony Gavlik
Timothy Goss
Paralegal, Law Office of Arnold Gonzales, Jr. Activities
include: Bayfest, Cattle Baron's, Tall Ships Committee,
Harbor Lights, Buc Days, Mayor's Fourth of July
Celebration. President of the Corpus Christi International
Seamen's Center. Jefferson Awards Nominee 2002. (12-
8-09)
Ad Sales Coordinator, USDM.net. Attended Texas A &M-
Corpus Christi University. Formerly Volunteered with Big
Brothers, Big Sisters. (9 -4 -09)
Owner/Manager, Robert Forest Real Estate. Received B.S.
from Boston University and M.S. from University of
Southern California. Activities include: Padre Island
Yacht Club. Graduate of Citizen University. (4- 20 -09)
Marketing Manager, Outback Steakhouse. Attending Del
Mar College. Activities include: Beach Clean Ups,
American Cancer Society -Relay for Life, Corpus Christi
Chamber of Commerce and Corpus Christi of Commerce
Ambassador Program. (8- 14 -09)
Environmental Scientist, Naismith Engineering, Inc.
Received Bachelor of Science from Texas A &M- Corpus
Christi. Previously a Teaching Assistant at Texas A &M-
Corpus Christi. Activities include: Executive Board
Member of the Coastal Conservation Association (CCA)-
Corpus Christi Chapter and Nueces County Beach
Management Committee. (4- 17 -09)
Project Engineer, Naismith Engineering. Received
Bachelor of Science in Civil Engineering from Texas A&
M University - Kingsville. Activities include: American
Society of Civil Engineers and Texas Society of
Professional Engineers. (12- 28 -09)
Registered Representative /Agent, New York Life. Former
Special Agent with United States Army Intelligence.
Received Associates Degree from Harold Washington
College, BS in Sociology from University of the State of
New York and Master of Public Administration from Troy
University. Attended Japanese Language School — Read,
Writes, and Speaks Japanese. (4- 21 -09)
Meredith N. Grant
Homemaker. Received B.A. in English from Texas A &M
University - Corpus Christi. Certified Interior Decorator.
Activities include: Junior League of Corpus Christi, Art
Museum of South Texas, and Beautify Corpus Christi
Association. (10- 14 -08)
Daniel Hall Self - Employed, Speaker and Writer. Received a Bachelor
of Science in Nursing and a Juris Doctorate. Activities
include: Board of Directors for the south Texas Family
Planning and Health Corporation. (2 -5 -10)
William Paul Hunt Retired, Environmental Engineer. Received a Bachelors
Degree in Meteorology from Texas A &M University-
College Station. Formerly Served on the Corpus Christi
Regional Air Shed Committee. Activities include:
Tutoring. (6 -4 -09)
Ed Labay Vice President, AGCM, Inc. Received a BS in Building
Construction from Texas A &M University - College Station.
(4- 16 -09)
Sally Ann Lewis
Jerry Lipstreu
Charles Marschall
Educational Technology Consultant, Pearson. Received an
Associates Degree in Psychology from Del Mar College.
Received a Bachelor's Degree in Psycholgoy /Education
from Corpus Christi State University. Activities include:
Texas Staff Developers Association, Texas Middle School
Reform, and National Staff Development and Training.
Recipient of Teacher of the Year at Montclair Elementary,
Cunningham Middle School and Baker Middle School. (2-
22-10)
Area Manager, Kleinfelder. Received BA in Botany from
University of Texas, Austin. Activities include: Associated
Builders and Contractors Board Member, West Corpus
Christi Rotary Member and Port Aransas Boatmen
Member. (4- 30 -09)
Retired, Chief, Engineering Branch, Region IV of United
States Nuclear Regulatory Commission. Received BS in
Engineering Physics. Activities include: Island United
Political Action Committee and Corpus Christi Tactical
Action Committee. (2- 17 -10)
Christie Martinez
Victor Menard
Ronald J. Moore
Mohamad Omar
Keith Parker
Charles Pendlyshok
OWP -Clerk IV, State of Texas Health and Human Services
Commission. Received a Bachelors in Finance from Texas
A &M University- Corpus Christi. Activities include:
HHSC Volunteer Committee -Flynn Parkway. (4 -8 -10)
Taxpayer Liaison Officer, Nueces County Appraisal
District. Retired, United States Navy, Master Chief Air
Traffic Controller and Viet Nam Veteran. Activities
include: Former Water Shore Advisory Committee
Member — Vice Chair, AARP, Mayor's Fourth of July
Committee, Boys and Girls Club of Corpus Christi, Habitat
for Humanity, Neighborhood Visions and Flint Hills
Community Action Council. Recipient of the "Positive
Place Award ". (11 -6 -09)
Plant Manager, Coastal Bend Surgery Center. Owner of
Coastal Mediations. Received Associates Degree in
Paralegal Studies and Mediation Certification form the
South Texas College of Law. Activities include: Dispute
Resolution Center, Better Business Bureau Mediation
Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09)
Self - Employed, Real Estate. Received BSC in Electrical
Engineering and Master of Science, Doctor of Business
Administration. Recipient of Teaching Excellence Award
from University of Texas at Austin for Presentations. (10-
6-09)
Senior Mechanical Engineer, Bath Engineering/Noresco.
Received BS in Mechanical Engineering. Activities
include: ASHRAE and AEE. Serves on the CCCIC /Loan
Review Committee. (4- 23 -09)
Regional Manager, Human Military Healthcare Services.
Retired Healthcare Delivery System Executive. Received
B.S. from Widener University, M.A. from Incarnate Word
University, and M.B.A. from Widener University.
Activities include: Certified Senior Advisor, Licensed
Insurance Producer and Volunteer and Sailing Instruction.
(11- 20 -08)
Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy /Smith
International. (8- 24 -09)
Amber Sayre Currently Attends Del Mar College, Registered Nurse
Program. (10 -6 -09)
Jodi Steen President, JRS Ventures, Inc. Received BBA in Finance
and Marketing. Activities include: Board of Trustees for
Art Museum of South Texas and BACC. (4- 16 -09)
Gloria Sykes - Saucedo
Steve Trubatisky
Manager of Volunteer Services, Odyssey Healthcare.
Received an Associates Degree. Activities include: Fund
Raisers, Volunteer at Nursing Homes and Volunteer with
Foster Children. (1- 14 -10)
Real Estate Broker Associate, Realty World Island
Properties. Attended Tarleton State University,
Stephenville, Texas. Activities include: Corpus Christi
Association of Realtors. (2- 11 -09)
3
Requested Council Date: 4/27/10
Alternate Date: 5/11/10
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of traffic signal equipment from
Consolidated Traffic Controls, Inc., Arlington, Texas in accordance with Bid Invitation No. BI-
0084-10 based on low bid for a total amount of $64,960. Funds have been budgeted by the Traffic
Engineering Division of the Engineering Services Department in FY 2009 -2010.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BACKGROUND:
Purpose:
The traffic signal equipment consists of three and five signal LED
traffic lights, associated mounting brackets and school time switches
used in school zones throughout the City. They are used as
replacement items and in new installations where new equipment is
required.
Bid Invitation Issued: Twenty -four
Bids Received: Five
Basis of Award: Low Bid
Price Analysis: When compared to a similar purchase in 2009, pricing for like items
has decreased by 9 %.
Traffic Engineering Services FY -09/10
520130 - 1020 -12310 $64,960.00
Funding:
4
Michael Barrera
Assistant Director of Financial Services
(361) 826 -3169
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4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/27/2010
AGENDA ITEM: Resolution approving the submission of a grant application in the amount of
$391,968 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 10 with a City cash match of $442,672,
in -kind match of $14,019, and program income match of $8,767 for a total project cost of
$857,426 and authorizing the City Manager or the City Manager's designee to apply for, accept,
reject, alter or terminate the grant.
ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA
Fund.
REQUIRED COUNCIL ACTION: Approval to submit the grant application.
PREVIOUS COUNCIL ACTION: The City has been awarded an ATPA grant for 9 years.
FUNDING: Year 10 of the grant requires at least a 20% match by the City that may be cash, in-
kind, or program income. ATPA considers the three General Fund officers working in the Auto
Theft Unit to be a cash match and operating expenses to be in -kind.
In -Kind Contribution — copy machine, supplies, and office space
14,019
Cash contribution — travel expenses from grant program income
8,767
Cash Contribution - three General Fund Auto Theft officers salaries /fringe
benefits
442,672
CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant
application.
D. Troy Riggs
Chief of Police
trayrccctexas. corgi
886 -2603
Attachments:
✓ Grant application
BACKGROUND INFORMATION
The City of Corpus Christi is applying for Year 10 funding from the Texas Automobile Theft
Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department.
The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1
fee on every insured vehicle in Texas charged to insurance companies who provide vehicle
insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee.
The unit focuses not only on detection and apprehension, but also on the salvages yards in the
City and County to reduce the sale of stolen vehicles and parts. There is an extensive public
awareness campaign that is a requirement of the grant; this has included a resurgence of the
Operation HEAT program as well as other crime prevention programs focusing on reducing auto
thefts. Since the inception of the unit in 2001, auto thefts have decreased by 61% from 1,515 to
598 in 2009.
The grant provides funds for one Lieutenant to supervise the Unit, two swom CCPD officers, and
three civilians. The three civilians conduct data analysis, crime analysis, manage the required
public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount
of $14,019 include office supplies, copy machine, and office space. Cash contributions from
program income will cover travel expenses. The General Fund cash match is for three sworn
officers who also work auto theft and auto burglary.
Because these funds are neither Federal nor State but from an insurance fee, there is no set
time limit for the grant to end; other grantees have been continuously funded for 15 years. The
City must reapply each year because the ATPA requires a very close review of performance and
the grantee's ability to utilize the funds efficiently.
C
Texas t)epartment
of Motor Vehicles
1. For ABTPA Use Only
APPLICATION FOR STATE ASSISTANCE
AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY (ABTPA)
(REV. 11/09)
3. a. Date Submitted
b. Applicant Identifier
2. State Program Classification (For ABTPA Use Only)
4. a. Date Received by State
b. State Application Identifier
5. Applicant Information
a. Legal Name: Corpus Christi Police Department
b. Address (give street or P. 0. Box, City, County, State, and Zip Code)
321 John Sartain
Corpus Christi, TX 78401
6. State Payee Identification Number:
17460000574 -01
c. Organized Unit: Corpus Christi Auto Theft Task Force
d. Name and telephone number of person to be contacted on matters
involving this application (give area code)
Pat Eldridge 361- 886 -2696
7. Type of Applicant (enter the appropriate letter in box)
0
A. State H. Independent School District
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Nonprofit Organization
G. Special District N. Other (specify):
8. Type of Application:
❑ New X Continuation
If Revision, check appropriate box(es).
❑ Increase Award ❑ Decrease Award
D Increase Duration ❑ Decrease Duration
❑ Revision
❑ Other (specify)
9. Name of Grantor Agency:
Texas Automobile Burglary & Theft Prevention Authority
4000 Jackson Avenue
Austin, Texas 78731
Phone: (512) 374 -5101
Fax: (512) 374 -5110
Website: www.txwatchyourcar.com
10. Title of Project:
Corpus Christi Auto Theft Prevention Grant
11. Areas of Project Activities (Cities, Counties, States, etc.)
City of Corpus Christi
Nueces County
12. Proposed Project
Start Date: 09/01/10
Ending Date: 08/31/11
14. Funding Summary:
Total of a, b, & c must agree with d.
Note: Please enter whole dollars for the amounts
requested.
a. Total State Grant Funds $ 391,968.00
Requested (ABTPA)
b. Cash Match $ 451,439.00
c. In -Kind Match $ 14,019.00
13. Is application subject to review by state executive order 12372 process?
YES, this application was made available to the Texas Review and Comment System
(TRACS)
for review on
X NO. ❑ Program is not covered by E. 0. 12372
Date
❑ Program has not been selected by state for review
d. TOTAL(s) $ 857,426.00
15. Is the applicant delinquent on any federal debt?
❑ YES If "Yes" attach an explanation ❑ NO
16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing
body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
a. Typed name of Authorized Official
b. Title
`Angel Escobar City Manager
d. Signature of Authorized Official e. Date Signed
-55-
c. Telephone Number
361- 826 -3220
ABTPA -1
RESOLUTION
APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $391,968 TO THE AUTOMOBILE THEFT PREVENTION
AUTHORITY (ATPA) TO CONTINUE THE MOTOR VEHICLE THEFT
ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR
YEAR 10 WITH A CITY CASH MATCH OF $442,672, IN -KIND
SERVICES OF $14,019, AND A PROGRAM INCOME MATCH OF
$8,767, FOR A TOTAL PROJECT COST OF $857,426 AND
AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S
DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR
TERMINATE THE GRANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $391,968 to the Automobile Theft Prevention Authority
(ATPA) to continue the motor vehicle theft enforcement grant within the Police
Department for Year 10 with a City cash match of $442,672, in -kind services of
$14,019, and a program income match of $8,767, for a total project cost of $857,426
and authorizing the City Manager or the City Manager's designee to apply for, accept,
reject, alter or terminate the grant.
SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention
Authority.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: April 21, 2010
By: ►�- �/�
T. Trisha Dang
Assistant City Attorney
For City Attorney
Reso - grant- AutoTheft3. doc
—56—
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
of , 2010
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/27/2010
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a supplemental grant in
the amount of $49,675 from the Texas Automobile Theft Prevention Authority (ATPA) for
additional overtime for officers funded under the grant, for the purchase of equipment,
and to enhance the public awareness campaign for the motor vehicle theft enforcement
unit within the Police Department and to execute all related documents.
B. Ordinance appropriating $49,675 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund.
ISSUE: The ATPA has awarded supplemental grant funding to the City of Corpus Christi and the
grant must be accepted and funds appropriated.
BACKGROUND INFORMATION: The additional funds will be used for additional overtime for
officers funded under the grant, for the purchase of a truck, bait vehicle upgrades, server for license
plate reader, and to enhance the public awareness campaign.
REQUIRED COUNCIL ACTION: Approval to accept the supplemental funds and appropriate.
PREVIOUS COUNCIL ACTION: Approval to accept the grant on 07/21/2009.
CONCLUSION AND RECOMMENDATION: Approval to accept the supplemental funds and
appropriate.
Troy Riggs
Chief of Police
troyrccctexas. corn
886 -2603
Attachments:
✓ Grant award document
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Texas Automobile Burglary and Prevention Authority
Statement of Supplemental Grant Award
SA -T01- 10045 -10
Corpus Christi, City of
Auto Theft Prevention Grant
09/01/2009 - 08/31/2010
ABTPA Award:
Grantee Cash Match:
Grantee In -Kind Match:
Total Project Cost:
$49,675
$0
$0
$49,675
The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the
above - referenced grant. The approved budget is reflected in the attached Approved Budget
Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant
Administrative Guide promulgated for this specific program fund (referenced above) through
the Automobile Burglary and Theft Prevention Authority a listing of applicable special
conditions are listed below. Total project costs must be accounted for in accordance with the
Uniform Grant and Contract Management Standards and the Administrative Guide.
GRANTEE REQUEST FOR FUNDS
All Grantee requests for funds shall be submitted to ABTPA in accordance with the instructions
provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be
honored until all special conditions outlined on the Statement of Grant Award and action
required on the part of the grantee have been satisfied.
GRANT ADJUSTMENTS
Grantee shall submit written requests for grant adjustments, as required by the applicable
ABTPA Rule contained in the Grant Administrative Guide for this specific program fund.
Special Conditions and Requirements:
April 01, 2010
AWARD DATE CHARLES CALDWELL
Automobile Burglary and Theft Prevention Authority
4000 Jackson Avenue, Austin, Texas 78731 512/374 -5101
—62—
ORDINANCE
APPROPRIATING $49,675 FROM THE TEXAS AUTOMOBILE THEFT
PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS
FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $49,675 is appropriated from the Texas Automobile Theft
Prevention Authority (ATPA) in the No. 1061 Police Grants Fund.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading on April, 2010.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to form April 19, 2010
T. Trisha Dang
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, I /we
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
Joe Adame
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/27/2010
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a
memorandum of agreement with the Naval Air Station Corpus Christi and the Corpus Christi
Police Department to address mutual aid procedures between NASCC security and CCPD and
other efforts to enhance capabilities of both agencies through increased interagency
cooperation.
ISSUE: To address mutual aid procedures between NASCC Security and CCPD, as well as
other efforts to enhance capabilities of both agencies through increased interagency
cooperation.
BACKGROUND: The term of this MOA is six years, upon the approval signatures of all parties.
REQUIRED COUNCIL ACTION: Approval of the MOA.
CONCLUSION AND RECOMMENDATION: Approval of the MOA.
Troy Riggs
Chief of Police
trovr ncctexas.com
886 -2603
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A MEMORANDUM OF AGREEMENT (MOA) WITH THE
NAVAL AIR STATION CORPUS CHRISTI (NASCC) AND THE CORPUS
CHRISTI POLICE DEPARTMENT (CCPD) TO ADDRESS MUTUAL AID
PROCEDURES BETWEEN NASCC SECURITY AND CCPD, AND
OTHER EFFORTS TO ENHANCE CAPABILITIES OF BOTH AGENCIES
THROUGH INCREASED INTERAGENCY COOPERATION.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a
Memorandum of Agreement (MOA) with the Naval Air Station (NASCC) and the Corpus
Christi Police Department (CCPD) to address mutual aid procedures between NASCC
Security and CCPD, and other efforts to enhance capabilities of both agencies through
increased interagency cooperation.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 5, 2010
By:
T. Trisha"Dang
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
Corpus Christi, Texas
of , 2010
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
AGENDA ITEM:
Ordinance appropriating $166,501 from the unreserved fund balance in the Business /Job
Development Fund No. 1140 for the Corpus Christi Business and Job Development Corporation
(Type A) Affordable Housing- New Construction Program; changing the FY 200 -2010 operating
budget adopted by ordinance No. 028252, to increase appropriations by $166,501; and declaring an
emergency.
ISSUE:
Due to the success of the Affordable Housing- New Construction Program, which was allocated an
initial amount of $250,000, all funding that was earmarked for this program has been utilized and or
committed to pre - qualified homebuyers. Through an extensive search of unspent Type A Funds, an
amount of $166,501 has been identified as available to be reallocated to the Affordable Housing -
New Construction Program. On April 19, 2010 the Type A Board approved the reallocation of
available funding to the New Construction Program in the amount of $166,501.
REQUIRED COUNCIL ACTION:
City Council approval is necessary to finalize the proposed ordinance for all Type A programs and
expenditures as established by Section 501.073 of the Texas Local Government Code.
CONCLUSION AND RECOMMENDATION:
The Corpus Christi Business and Job Development Corporation and City staff support the
reallocation of available funds to the New Construction Program in order to meet an increased
demand for these program services.
City Staff recommends City Council approval of the proposed ordinance as presented.
Attachments: Background Information
Respectfully Submitted,
oldie Ortega, Director
Neighborhood Services Department
361.826.3234
Eddieo(a)cctexas.com
BACKGROUND INFORMATION
On August 1, 2009, the Affordable Housing — New Construction Program was
initiated by the Corpus Christi Business and Job Development Corporation
(Type A Board). The purpose of the program is to expand affordable housing
opportunities for low income homebuyers by providing a deferred forgivable
loan to buy down the final purchase price of a home within the City of Corpus
Christi. The funding provided to homebuyers in the form of a forgivable loan is
in the amount of up to $20,000.00 per eligible home.
The current maximum price of a home that is allowed to be purchased through
this program has been established by the Secretary of the Department of
Housing and Urban Development as $128,606.00. The benchmark is identified
as the 95% of the median purchase price for a home within the Metropolitan
Statistical Area (MSA) that encompasses the City of Corpus Christi.
Page 1 of 1
ORDINANCE
APPROPRIATING $166,501 FROM THE UNRESERVED FUND
BALANCE IN THE BUSINESS /JOB DEVELOPMENT FUND NO. 1140
FOR THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AFFORDABLE HOUSING NEW CONSTRUCTION
PROGRAM; CHANGING THE FY 2009 -2010 OPERATING BUDGET
ADOPTED BY ORDINANCE NO. 028252, TO INCREASE
APPROPRIATIONS BY $166,501; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $166,501 from the Unreserved Fund Balance in the Business /Job
Development Fund No. 1140 is appropriated for the Corpus Christi Business and Job
Development Corporation Affordable Housing New Construction Program; changing the
FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase
appropriations by $166,501.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
Approved: April 20, 2010
Lisa Aguilaf, ssistant City Attorney
for the City`Attorney
H:\LEG- DIR\Lisa\2010 Ordinance \Type 4A New Construction Program.DOC
—75—
Corpus Christi, Texas
Day of , 2010
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: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
8
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
SUBJECT: Looping of Water Lines to Eliminate Dead Ends
Project No. 8598 / CIP No. WA 14
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction
contract with Jhabores Construction Co., Inc. of Corpus Christi, Texas for an amount not to
exceed $600,000 for Looping of Water Lines to Eliminate Dead Ends Project. (Water CIP FY
2010)
ISSUE: This project is proposed to reduce the number of dead ends and improve water quality
for the City's water system. The project was developed as an Indefinite Delivery Indefinite
Quantity (IDIQ) contract with one base year and a possible one (1) year extension.
Individual work orders (delivery orders) will be developed with scope and locations and issued
from the contract award amount. The delivery orders will be based from contractor unit costs that
are most cost effective to construct the improvements.
On April 7, 2010, the City received proposals from four (4) bidders (see Exhibit "C" Tabulation of
Bids). For the bid evaluation, six (6) hypothetical scenarios were included for the contractors
along with a detailed list of various construction activities. The bids range from $604,289.80 to
$894,840.16 for the Total Base Bid Parts A, B, C, D, E and F. Delivery Orders for this water line
looping project will be awarded for a total project cost of $600,000 for one calendar year.
Jhabores Construction Co., Inc. of Corpus Christi, Texas submitted the low bid for the six
scenarios. The City's consultant, Naismith Engineering, Inc. and City staff recommend a contract
be awarded to Jhabores Construction Co., Inc. for an amount not to exceed $600,000 for
Looping of Waterlines to Eliminate Dead Ends Project.
FUNDING: Funding is available from the Water Capital Improvement Budget FY 2010.
RECOMMENDATION: Staff recommends approval of the motion as presented.
ustavo Gonzalez, P.E.
Director of Water Services
361- 826 -1874
gustavogoa cctexas. com
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Bid Tabulation
Exhibit "D" Project Budget
Exhibit "E" Location Map
Pete Anaya, P.E.
Director of Engineering Services
361- 826 -3781
petean ancctexas.com
H:\HOME\KellyO \GEN\WATER\Water System \8598- Looping of Water Lines to Eliminat o.Dedgnds \Construction\2 AGENDA MEMO.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Looping of Water Lines to Eliminate Dead Ends
Project No. 8598 / CIP No. WA 14
PROJECT DESCRIPTION: This project consists of looping dead end waterlines
throughout the City of Corpus Christi Service Area. The scope of work includes multiple
scenarios which may be required for looping an existing waterline. The plans also include
options for installing various sizes of lines, valves, fittings, fire hydrants, service
connections, etc. The work also includes trench safety, well pointing, utility adjustments,
traffic controls, storm water pollution prevention, and appurtenances in accordance with the
plans, specifications and contract documents.
This project is set up as an Indefinite Delivery Indefinite Quantity (IDIQ) contract to be
executed through multiple task orders (delivery orders). The initial contract will be for one
base year with a possible one year extension subject to negotiation which will take into
account any change in industry indices.
METHOD OF AWARD: The bids were evaluated based on the Total Evaluated Base Bid
subject to the availability of funds.
The contractor was provided six (6) hypothetical scenarios that were used for bid
evaluation purposes only. The actual contract award will be as follows:
It is proposed that the first year of the project be awarded for $600,000. Individual delivery
orders with specific quantities and contractor proposed unit cost will be issued from this
base award.
CONTRACT TERMS: The contract provides for the work to be complete within one (1)
calendar year, with a possible one (1) year extension. Individual delivery orders will be
issued with specific construction durations as indicated in Special Provision A -6.
FUTURE COUNCIL ACTION: Approval of a one year extension to the construction
contract if required.
PROJECT BACKGROUND: This project is focused on waterline improvements
throughout the City of Corpus Christi. These improvements will reduce dead end waterlines
to improve water quality. Design, bid and construction phase services and additional
services were completed by Naismith Engineering, Inc. in February 2010.
The City's water distribution system has over 2,000 dead end waterlines. In many
instances, these dead end lines continue to reduce water quality issues, especially in lines
greater than 6 inches. This project will identify, prioritize and implement specific Capital
Improvement Projects in a phased design and construction approach to determine dead
end lines with the most severe water aging problem and then install additional pipe to
reduce the dead ends and improve water quality to residents.
EXHIBIT "A"
Page 1 of 2
H:\HOME \KellyG\GEN\WATER \Water System \8598- Looping of Water Lines to Eliminate Dead Ends \Construction\3 AGENDA BACKGROUND.doc
The project was developed in an Indefinite Delivery Indefinite Quantity (IDIQ) construction
contract with one base year and a possible one (1) year extension based on available
funding. The construction bid package was completed with specific line items to establish
contractor unit prices for the anticipated work. The actual construction contract award will
be a fixed amount within the available funding with subsequent Delivery Orders issued
based on the agreed scope and unit cost.
The IDIQ format allows the City to select contractors based on the most competitive unit
pricing and use these established unit prices to determine the most effective solutions to
address dead ends and water quality issues. Additionally, the pre - established unit prices
ensure that the project can be fully developed and executed within the available CIP
funding. The flexibility of this contract also allows the City to use this same process for
unanticipated emergencies.
H: \HOME \KellyO \GEN\WATER \Water System\8598- Looping of Water Lines to Elim718Ikad Ends \ Construction \3 AGENDA BACKGROUND.doc
EXHIBIT "A"
Page 2 of 2
PRIOR ACTIONS
SUBJECT: Looping of Water Lines to Eliminate Dead Ends
Project No. 8598 / CIP No. WA 14
PRIOR COUNCIL ACTION:
1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
PRIOR ADMINISTRATIVE ACTION:
1. October 30, 2009 — Administrative approval of Small Agreement for Architect/Engineer
Consultant Services in the amount of $49,050 with Naismith Engineering, Inc. for
Looping of Waterlines to Eliminate Dead Ends Project.
—82—
H: \HOME\Ke11yO \GEN \WATER \Water System18598- Looping of Water Lines to Eliminate Dead Ends \Construction\4 PRIOR ACTIONS.doc
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P.O. Box 9338
Corpus Christi,TX 78469
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$36.00
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P.O. Box 10706
Corpus Christi, TX 78460
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Jhabores Construction Co., Inc
P.O. Box 60089
Corpus Christi, TX 78466
AMOUNT
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$28.00
$25.00
$145.00
$22.00
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$485.00
$578.00
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$85.001
$28.00
$25.00.
$145.00
$22.00
$130.00
$189.00
$187.00]
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$1,124.00
$785.00
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$415.00
$418.00
$329.00
$460.00
$425.00
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$410.00
$6,240.00
$4,950.00
$4,650.00
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LOOPING OF WATER LINES
TO ELIMINATE DEAD ENDS
Project No. 8598
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DESCRIPTION
12" C -900 PVC waterline
8" C -900 PVC waterline
6" C -900 PVC waterline
6" Ductile iron waterline
4" C -900 PVC waterline
4" Ductile iron waterline
4" Polyethylene waterline
2" Polyethylene waterline
Cut out section of 12" line (PVC, AC, etc.) 1
Cut out section of 8" line ( PVC, AC, etc.) 1
Cut out section of 6" line (PVC, AC, etc.)
Cut out section of 4" line (PVC, AC, etc.)
Cut out section of 2" line (PVC, AC, etc.)
112" D.I.M.J. Gate valve 1
8" D.I.M.J. Gate valve
6" D.I.M.J. Gate valve
4" D.I.M.J. Gate valve
2" D.I.M.J. Gate valve
12" Brass ball valve
112" X 12" D.I.M.J. Tee
-
12" X 8" D.I.M.J. Tee
112"
112" X 4" D.I.M.J. Tee
18" X 8" D.I.M.J. Tee
'8" X 6" D.I.M.J. Tee
,8" X 4" D.I.M.J. Tee
6" X 6" D.I.M.J. Tee
6" X 4" D.I.M.J. Tee
4" X 4" D.I.M.J. Tee
12" D.I.M.J. Cross
8" D.I.M.J. Cross
16" D.I.M.J. Cross 1
4" D.I.M.J. Cross
12" X 8" D.I.M.J. Reducer
12" X 6" D.I.M.J. Reducer
12" X 4" D.I.M.J. Reducer
8" X 6" D.I.M.J. Reducer
8" X 4" D.I.M.J. Reducer
6" X 4" D.I.M.J. Reducer
6" X 2" D.I.M.J. Reducer
4" X 2" D.I.M.J. Reducer
12" X 12" D.I.M.J. Tapping sleeve
12" X 8" D.I.M.J. Tapping sleeve
12" X 6" D.I.M.J. Tapping sleeve
112" x 4" D.I.M.J. Tapping sleeve 1
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SLC Construction, LLC
1165 Rodeo Drive
Aransas Pass, TX 78336
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$1,573.831
51,540.48
$1,351.40
$1,262.951
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$465.45
$1.740.00
$3,915.00
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$1,573.831
$1,540.48
$1,351.40
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$578.55
$535.05
$507.50
$487.20
$449.50
$424.85
$423.401
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$395.85
$390.05
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$3,915.00
$1,280.35
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$3,012.00
$3,626.00
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P.O. Box 9338
Corpus Christi,TX 78469
UNIT PRICE
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1 $3,617.001
$3,012.00
$3,626.00
$1,865.0011)0
$1,015.00 $1,091.00
$975.00 $1,002.00
$965.00 $948.00
$950.00 $905.00
$575.001 $535.00
$525.00 $484.00
$450.001 $480.001
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$310.00 $274.00
$310.001 $265.001
$675.00 $272.00
$625.00 $190.00
$146.00
$260.00
$982.00
$544.00
$361.00
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$2,389.00
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$675.00
$695.00
$475.00
$345.00
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H & G Contractors, Inc.
P.O. Box 10706
Corpus Christi, TX 78460
AMOUNT
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$3,065.001 $2,075.001
$2,950.00 $2,000.00
$3,072.00 $1,975.00
$2,890.00 $1,865.00
$800.00 $1,015.00
$780.00 $975.00
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$525.00
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$365.00
$330.00
$385.00
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$625.00
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$475.00
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$3,850.00
$6,350.00
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P.O. Box 60089
Corpus Christi, TX 78466
(BASE BID
UNIT PRICE
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$3,072.001
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$770.00
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$359.00
$294.00
$296.00
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$400.00
$385.00
$500.00
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TO ELIMINATE DEAD ENDS
Project No. 8598
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DESCRIPTION
8" X 8" D.I.M.J. Tapping sleeve
8" X 6" D.I.M.J. Tapping sleeve
8" X 4" D.I.M.J. Tapping sleeve
6" X 6" D.I.M.J. Tapping sleeve
6" X 4" D.I.M.J. Tapping sleeve 1
12" D.I.M.J. 90° bend
12" D.I.M.J. 45° bend
12" D.I.M.J. 22.5° bend
12" D.I.M.J. 11.25° bend
8" D.I.M.J. 90° bend
8" D.I.M.J. 45° bend
8" D.I.M.J. 22.5° bend
8" D.I.M.J. 11.25° -bend
6" D.I.M.J. 90° bend
6" D.I.M.J. 45° bend
6" D.I.M.J. 22.5° bend
6" D.I.M.J. 11.25° bend
4" D.I.M.J. 90° bend
14" D.I.M.J. 45° bend
4" D.I.M.J. 22.5° bend
4" D.I.M.J. 11.25° bend
12" D.I.M.J. Plug (tapped with 2" pipe
threads)
8" D.I.M.J. Plug (tapped with 2" pipe
threads)
16" D.I.M.J. Plug (tapped with 2" pipe
threads)
12" Brass fittings
12" D.I.M.J. Adaptor (12" min.)
18" D.I.M.J. Adaptor (12" min.)
6" D.I.M.J. Adaptor (12" min.)
4" D.I.M.J. Adaptor (12" min.)
112" D.I., P.E.X P.E. Pipe with 2 -3/4" dia.
Stainless steel threaded rods and nuts
18" D.I., P.E.X P.E. Pipe with 2 -3/4" dia.
Stainless steel threaded rods and nuts
16" D.I., P.E.X P.E. Pipe with 2 -3/4" dia.
Stainless steel threaded rods and nuts
4" D.I., P.E.X P.E. Pipe with 2 -3/4" dia.
Stainless steel threaded rods and nuts -_
Reconnect water service meter
New water service meter
Fire hydrant assembly
Reconnect fire hydrant assembly
Automatic flush hydrant assembly
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1165 Rodeo Drive
Aransas Pass, TX 78336
AMOUNT
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$1,087.50
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RCM Constructors, Inc.
P.O. Box 9338
Corpus Christi,TX 78469
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$480.00
$750.00
$500.00
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H & G Contractors, Inc.
P.O. Box 10706
Corpus Christi, TX 78460
AMOUNT
$235.00
$210.00
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Jhabores Construction Co., Inc
P.O. Box 60089
Corpus Christi, TX 78466
AMOUNT
$347.00
$214.00
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$115.00
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UNIT PRICE
$347.00
$214.00
$185.00
$140.00
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$88.50
LOOPING OF WATER LINES
TO ELIMINATE DEAD ENDS
Project No. 8598
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DESCRIPTION
Boring and encasing of waterline under
State Highway ROW (20" dia.)
Boring and encasing of waterline under
State Highway ROW (16" dia.)
Boring and encasing of waterline under
State Highway ROW (12" dia.)
Boring and encasing of waterline under
State Highway ROW (10" dia.)
Boring and encasing of waterline under
Railroad ROW (20" dia.)
Boring and encasing of waterline under
Railroad ROW (16" dia.)
Boring and encasing of waterline under
Railroad ROW (12" dia.)
Boring and encasing of waterline under
Railroad ROW (10" dia.)
Allowance for Railroad permit application
rand submittal
Boring and encasing of waterline under
'drainage ditch (20" dia.)
Boring and encasing of waterline under
drainage ditch (16" dia.)
Boring and encasing of waterline under
drainage ditch (12" dia.)
Boring and encasing of waterline under
drainage ditch (10" dia.)
Allowance for utility adjustments
Trench safety
Well pointing (per linear feet of trench)
Concrete sidewalk demolition /replacement
'Curb and gutter demolition /replacement 1
Valley gutter demolition /replacement
Curb ramp demolition /replacement
'Seeding
Soding
Cut and restore pavement (alley)
1Cut and restore pavement (street)
Cut and restore asphalt driveway
Cut and restore concrete driveway
Cut and restore base material driveway
Signing & traffic control (Type A)
'Signing & traffic control (Type B)
Signing_& traffic control (Type C)
Signing & traffic control (Type D)
Signing & traffic control (Type E)
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1165 Rodeo Drive
Aransas Pass, TX 78336
AMOUNT
$1,450.00
$1,087.50
$1.087.50
$725.00
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$1,160.00
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$36.25
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$1,450.00
$1,087.50
$1.087.50
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$15.30
$18.92
$18.92
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$2,180.00 1.111=E
$2,562.00 $1.568.03
$535.00' $449.50
$1,245.00 $369.75
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$463.001 $414.701
RCM Constructors, Inc.
P.O. Box 9338
Corpus Christi,TX 78469
LAMOUNT
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$415.00
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1 $463.001
H & G Contractors, Inc.
P.O. Box 10706
Corpus Christi, TX 78460
AMOUNT
$535.00
$535.00
$535.00
1 $375.00
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$535.00
$535.00
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$75.001
$150.00
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$65.001
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$545.00
$1,125.00
$575.00
$1,500.00
$595.001
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$535.00
$535.00
$535.00
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Jhabores Construction Co., Inc
P.O. Box 60089
Corpus. Christi, TX 78466
AMOUNT 1
00'00£$
00'00£$
00'00£$
$88.50
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$100.001
$241.00
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$65.001
$75.00
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$6.00
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$750.00
$1,000.00
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$545.00
$1,124.00
$375.00
$987.00,
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LOOPING OF WATER LINES
TO ELIMINATE DEAD ENDS
Project No. 8598
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* COEFFICIENT TO BE APPLIED TO ALL UNIT PRICES
FOR "EMERGENCY DELIVERY ORDERS" (FOR BID ITEMS
ABOVE)
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BASE BID, PART A - SCENARIO NO. 1
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6" C-900 PVC waterline
Trench safety
8" D.I.M.J. Gate valve
8" D.I.M.J. 90° bend
8" X 6" D.I.M.J. Reducer
18" X 8" D.I.M.J. Tee
18" D.I.M.J. 22.5° bend
8" D.I.M.J. 11.25° bend
DESCRIPTION
Signing & traffic control (Type F)
Signing & traffic control (Type G)
Signing & traffic control (Type H)
Signing & traffic control (Type I)
Signing & traffic control (Type J)
Signing & traffic control (Type K)
Signing & traffic control (Type L)
Removal & replacement of chain Zink
Ifencinq
(Removal & replacement of wood fencing 1
Removal & replacement of masonary
fencing
1Removal & replacement of traffic sign 1
All weather access (alley)
All weather access (residential)
All weather access (commercial) 1
Tree removal (up to 8" dia. trunk)
Tree removal (greater than 8" dia. trunk)
Erosion control- silt fence or silt barrier
1 Erosion control- rock filter dam
Erosion control- curb inlet protection
Mobilization /Bonds /Insurance ($0 to
$25,000)
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1165 Rodeo Drive
Aransas Pass, TX 78336
AMOUNT
$625.531
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P.O. Box 9338
Corpus Christi,TX 78469
AMOUNT
$544.001
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$558.00
$335.00
$344.00
$722.00
$2,389.00
1 $18,070.00
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P.O. Box 60089
Corpus Christi, TX 78466
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Project No. 8598
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6" D.I.M.J. Gate valve
6" X 6" D.I.M.J. Tapping sleeve
6" D.I.M.J. 22.5° bend
6" D.I.M.J. 11.25° bend
6" D.I.M.J. Adaptor (12" min.)
Reconnect fire hydrant assembly
Cut and restore pavement (street)
Cut and restore asphalt driveway
Signing and traffic control (Type L)
Erosion control- silt fence or silt barrier
Seeding
Mobilization /Bonds /Insurance ($50,000 to
$100,000)
BASE BID, PART B - SCENARIO NO. 2
I8" C -900 PVC waterline
6" C -900 PVC waterline
Trench safety
8" D.I.M.J. Gate valve
D.I.M.J. Tapping sleeve
8" D.I.M.J. 90° bend
18" X 6" D.I.M.J. Tee
18" D.I.M.J. Adaptor (12" min.)
6" D.I.M.J. Gate valve
6" D.I.M.J. Adaptor (12" min.)
Cut and restore pavement (street)
'Signing and traffic control (Type E)
'Erosion control- silt fence or silt barrier
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1165 Rodeo Drive
Aransas Pass, TX 78336
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P.O. Box 9338
Corpus Christi,TX 78469
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P.O. Box 10706
Corpus Christi, TX 78460
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P.O. Box 60089
Corpus Christi, TX 78466
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$21,400.00
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Boring and encasing of waterline under
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Boring and encasing of waterline under
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Allowance for Railroad permit application
and submittal
8" D.I.M.J. Tapping sleeve
8" D.I.M.J. Gate valve
18" D.I.M.J. 90° bend
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12" X 6" D.I.M.J. Reducer
112" D.I. Adaptor (12" min.)
6" D.I.M.J. 90° bend
6" D.I.M.J. 45° bend
16" X 4" D.I.M.J. Tee
6" D.I., P.E.X P.E. pipe with 2 -3/4" dia.
Stainless steel threaded rods and nuts
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1165 Rodeo Drive
Aransas Pass, TX 78336
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P.O. Box 9338
Corpus Christi,TX 78469
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$2,625.00
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P.O. Box 10706
Corpus Christi, TX 78460
AMOUNT
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$4,125.001
$2,635.00
$5,600.00,
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$1,500.00
Jhabores Construction Co., Inc
P.O. Box 60089
Corpus Christi, TX 78466
AMOUNT
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$3,575.001
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Project No. 8598
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Cut and restore pavement (street)
Cut and restore asphalt driveway
Cut and restore base material driveway
Erosion control- silt fence or silt barrier
Seeding
Mobilization /Bonds/Insurance (over
$100,000)
BASE BID, PART E - SCENARIO NO. 5
4" C -900 PVC waterline
Trench safety
12" X 4" D.I.M.J. Reducer
4" D.I.M.J. 90° bend
112" X 4" D.I.M.J. Tapping sleeve
Boring and encasing of waterline under
drainage ditch (10" dia.)
ICut and restore asphalt driveway
Erosion control- silt fence or silt barrier
Seeding
'Signing and traffic control (Type I) - J
Mobilization /Bonds /Insurance ($25,000 to
$50,000)
IBASE BID, PART F - SCENARIO NO. 6
Automatic flush hydrant assembly
ICut and restore asphalt driveway
'Signing & traffic control (Type E)
Mobilization /Bonds /Insurance ($0 to
$25,000)
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1165 Rodeo Drive
I Aransas Pass. TX 78336
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P.O. Box 9338
Corpus Christi,TX 78469
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P.O. Box 10706
Corpus Christi, TX 78460
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$89,435.00
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P.O. Box 60089
Corpus Christi, TX 78466
AMOUNT
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0
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$322,573.00
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BASE BID
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LOOPING OF WATER LINES
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Project No. 8598
Z
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BID SUMMARY
PART A - SCENARIO NO. 1
PART B - SCENARIO NO. 2
PART C - SCENARIO NO. 3
PART D - SCENARIO NO. 4
PART E - SCENARIO NO. 5
PART F - SCENARIO NO.6
TOTAL "EVALUATED" BASE BID
(Sum of Parts A -F, Scenarios 1 -6)
DESCRIPTION
— W
m1-.
—90—
PROJECT BUDGET
LOOPING OF WATERLINES TO ELIMINATE DEAD ENDS
Project No. 8598
April 27, 2010
FUNDS AVAILABLE:
Water CIP FY 2010 (WA 14)
* Previous Years' CIP (FY 2009)
FUNDS REQUIRED:
Construction (Jhabores Construction Co., Inc.)
Contingencies (10 %)
* Consultant (Naismith Engineering, Inc.)
Reimbursements
Misc. (Printing, Advertising, etc.)
Total
FUNDS REMAINING
* Consultant contract was awarded under previous years' CIP (FY 2009)
—91—
$750,000.00
$49,050.00
$799,050.00
$600,000.00
60,000.00
49,050.00
42,000.00
2,500.00
$753,550.00
$45,500.00
\ Mproject \councilexhibits \exh8598. dwg
LOOPING OF WATERLINES
TO ELIMINATE DEAD ENDS
_92_
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 4/12/2010
- -
WEI MOO
III/ IMIll
■•••••
1
9
AGENDA MEMORANDUM
DATE: April 27, 2010
SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection
(Project 5216)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 for
the Landfill Gas Control Flare Station, Earthwork, Erosion Control Matting and Horizontal
CollectionGas Well to a construction contract with Environmental Specialties International
of Baton Rouge, Louisiana, in the amount of $58,939.77 for a restated not to exceed fee of
$7,021,738.07 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill
Gas Collection System.
ISSUE: TCEQ regulations require that an operational gas collection and control system at
J.C. Elliott Landfill. The change order is necessary to ensure the system complies with
TCEQ regulations and the TCEQ Permit for J.C. Elliott Landfill.
RECOMMENDATION: Approval of the motion as pr- ented.
.6 -Pete Anaya, P.E.
Director - Engineering Services
826 -3781
Petean cctexas.com
Attachments:
Exhibit A - Additional Information
Exhibit A -1 — Prior Actions
Exhibit B — Change Order Summary
Exhibit C - Budget
Exhibit D - Site Map
H:\ HOME \KEVINS\GEN\ LANDFILL \FinalCover2008 \CO6Memo.doc
L.7 rence Mikolalczyk
Director of Solid Waste Services
826 -1972
Lawmcctexas.com
ADDITIONAL INFORMATION
SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection
(Project 5216)
CHANGE ORDER DESCRIPTION:
The change order addresses several modifications to the contract. The items are:
• Gas Flare Station repair;
• Deletion of unneeded new six -inch (6 -in) collection pipe to gas wells;
• Correct value of previously deducted credit for deletion of a four -inch (4 -in) pipe for new
gas wells;
• Correct value of previously deducted credit for deletion of a horizontal gas collection
well;
• Earthwork repair and erosion control matting;
• Remove and replace damaged 18 -in corrugated HDPE pipe;
• Delete erosion protection in gully draining clay liner; and
• Additional time due to gas collection flare resolution and drought conditions which
prevented establishment of vegetative cover.
TCEQ:
TCEQ regulations and the City's TCEQ Landfill Operating Permit require final closure to
include the installation of a final cover system and a landfill gas management collection
system.
RECOMMENDATION:
• Staff recommends the approval of the motion as presented.
FUTURE COUNCIL ACTION:
Award change orders that may be required for the final cover system and expansion of the
landfill gas collection system.
FUNDING: Funding is available from Sanitary Landfill CIP Funds to proceed with the
award.
—96—
Exhibit "A"
Page 1 of 1
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
August 21, 2007 - Motion authorizing the City Manager, or his designee, to execute an
engineering contract with HDR, Inc. (Shiner Moseley) in the amount of $404,600.00 for
the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection
System (M2007 -211).
December 16, 2008 —
a. Ordinance Appropriating $392,847.81 from the Unappropriated Bond Proceeds and
Interest Earnings from the Sanitary Landfill 2006 CIP Fund No. 3362 for the J. C.
Elliott Landfill Final Cover System (Phases 4 -6) And Landfill Gas Collection System
Project; Changing the FY2007 -2008 Capital Budget Adopted by Ordinance No.
027546 to increase appropriations by $392,847.81; and Declaring an Emergency
(Ordinance No. 028005).
b. Motion waiving a bid irregularity, and authorizing the City Manager, or his designee,
to execute a construction contract with Environmental Specialties International of
Baton Rouge, Louisiana, in the amount of $6,769,018.19 for the Base Bid and
Additive Alternate No. 1 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6)
and Landfill Gas Collection System (M2008 -338).
c. Motion authorizing the City Manager, or his designee, to execute a contract
engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas,
in the amount of $465,275.00 for construction of J. C. Elliott Landfill Final Cover
System (Phases 4 -6) and Landfill Gas Collection System (M2008 -339).
July 21, 2009 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 4 to the construction contract with Environmental Specialties
International of Baton Rouge, Louisiana, in the amount of $123,842.86 for a restated not
to exceed total contract of $6,962,798.86 for the J. C. Elliott Landfill Final Cover System
(Phases 4 -6) and Landfill Gas Collection System (M2009 -201).
PRIOR ADMINISTATIVE ACTIONS:
March 5, 2009 - Administrative approval of Change Order No. 1 providing for sub -
header sump, pump, repair /replace 18 -in T- header, isolation valves and check valves
on sub - header and air lines in the amount of $24,892.80;
April 28, 2009 - Administrative approval of Change Order No. 2 providing for standby
time for rig /geologist, installation of 2 -in and 3 -in compressed air and force main, and
installation of personnel gate at water sample and vehicle access gate to monitor wells
in the amount of $20,894.45;
May 12, 2009 - Administrative approval of Change Order 3 providing for the
rehabilitation of 28 existing gas extraction wells replacing hoses and PVC with HDPE
riser pipes in the amount of $24,150.00; and
February 1, 2010 - Administrative approval of Change Order 5 providing for additional
clay liner, geomembrane, drain chute repair, surveying, erosion protection at various
locations, flare station repairs, and deletion of quantities of slope geomembrane,
drainage geocomposite, vertical wells, well borings, fittings, vents, HDPE well pipe, and
Exhibit A -1
Page 1 of 2
—97—
horizontal wells in the amount of $0.00.
—98—
Exhibit A -1
Page 2 of 2
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
April 27, 2010
PROJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection
Project 5216
APPROVED: COUNCIL MOTION 2008 -338
APPROVED 12/16/2008
CONTRACTOR: Environmental Specialties International
7943 Pecue Lane #A
Baton Rouge, Louisiana 70809
TOTAL CONTRACT AMOUNT $6,769,018.19
25% Limit Amount 1,692,254.54
Change Order No. 1 (03/05/09) 24,892.80
Change Order No. 2 (04/28/090 20,864.45
Change Order No. 3 (05/12/09) 24,150.00
Change Order No. 4 (07/21/09) 123,842.86
Change Order No. 5 (01/01/10) 0.00
Change Order No.6 (04/27/10) 58,939.77
Total $252,719.88 = 3.73% < 25%
Exhibit B
Page 1 of 2
CHANGE ORDER NO: 8 FUNDING SOURCE:
Operating Department: Solid Waste Services PATE: March 25, 2010
Name of Project: J.C. Elliott Landfill -Final Cover Phase 4 -6 and Landfill Gas Collection (Project
Contractor: Environmental Specialties international
CONT
) MAR 2 G 2.010
CHANGE AS FOLLOWS:
1. Bid item A -21 Flare Station Repairs (12 weeks /84 days)
2. Bid Item A -6 New 8" HDPE Pipe for the New Wells (Deduct)
3. Bid Item A -8 8" HDPE Pipe Existing Wells (Deduct)
4. Bid item A -5 4" Pipe for the New Wells (Correction to CO#5)
5. Bid item A -20 Horizontal Well (Correction to CO#5)
8. Earthwork Repair and Erosion Control Matting (5 days)
7. Let Down Structure Repair (5 days)
8. Erosion Protection in the Existing Gully Draining the Clay Liner Area (Deduct from CO#5)
9. Time Extension Due to Drought Conditions and Flare Issues (158 days)
$60,015.29
$38.00
$229.98
$28,830.00
$4,570.00
DI;PUCT
$4,305.00
$10,711.50
$7,725.00
$0.00
$58,939.77
Why was this change necessary? (If left off the plans and specifications, explain why)
Additional Darts are reauired at the flare station to make Ek QoeratIonal. Lesnolaing was required at both pew .and existing wells,
grosion control Rafting antl repairs to an existing jeldoyutj(ructure I$ required to gy9ld further erosion.
How can similar changes be avoided In the future? More Fomojete maintenance r @cpg1s with regards to the flare gtation would hgye
=diced in a more accurate estimate for repairs. ConrlgrQt p ripdjgftr9sion maintenance%
A. CONTRACT PRICE $8,789,018.19
B. TOTAL CHANGE ORDER (Inc. current) $262 719,88
C. NEW CONTRACT PRICE $7,021 738.07 j�,
D, THIS CHANGE ORDER $58,939.77 K - . > N...i.tr
E. PERCENT TOTAL. CHANGE (B /A) 3.73% Project Engineer
F, PREVIOUS ADDN'L TIME AUTHORIZED ,. 0 CD
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER .... 262 CD
H. TOTAL ADDITIONAL TIME 252 CD
CITY OF COR CHRISTI,
By: ,®
City Engineer
APPROVED:
CONTRACTOR
By: ea
Title: /AL
Operating Department
Director of Management & Budget
Legal Department
—100—
Exhibit B
Page 2 of 2
J.C. Elliott Final Cover (Phase 4 -6) and Landfill Gas Collection System
Project No. 5216
Project Budget
April 27, 2010
FUNDS AVAILABLE:
Sanitary Landfill CIP Funds $8,084,838.07
Total $8,084,838.07
CONSTRUCTION FUNDS REQUIRED:
Construction Contract $6,769,018.19
Change Order 1 -6 $ 252,719.88
QA/QC Testing Contract $ 465,275.00
Engineering Design (previously contracted) $ 404,600.00
Geotechnical Investigation (previously contracted) $ -0-
Construction Inspection (2 %) $ 135,380.00
Survey (in A/E contract) $ -0-
Engineering Project Liaison (1/2 %) $ 33,845.00
Incidental Expenses (Printing, Advertising, etc.) $ 24,000.00
TOTAL $8,084,838.07
EXHIBIT "C"
Page 1 of 1
—101—
File: \ Mproject \councilexhibits \exh5216e.dwg
NUECES BAY
ROAD
I H 37
HWY 44
AGNES
AGNES
CORPUS
CHRISTI
INTERNATIONAL 0
AIRPORT
CORPUS
CHRISTI
BAY
OSO CREEK
J.C. ELLIOTT LANDFILL
FM 2444
Oso
SITE LOCATION MAP
PROJECT # 5216 NOT 70 S EXHIBIT "D"
1 J.C. ELLIOTT LANDFILL -FINAL
COVER PHASE 4 -6 AND LANDFILL
GAS COLLECTION -i 02-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 04 -27 -10
10
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
SUBJECT: Staples Street (BOND ISSUE 2008)
Phase 1 from Saratoga to Holly
Project No. 6494 / CIP No. ST 38 — AMENDMENT NO. 1
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with Freese and Nichols Inc. of
Corpus Christi, Texas, in the amount of $67,968 for a total restated fee of $1,095,485 for
Staples Street - Phase 1 from Saratoga to Holly for right -of -way (ROW) acquisition survey
of 19 parcels. (Bond Issue 2008)
ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package
under Proposition No. 1 Street Improvements. The City Council selected Freese and
Nichols Inc. as the design consultant for this project in June 2009. The proposed
Amendment No. 1 is for a right -of -way (ROW) acquisition survey of 19 parcels.
FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2010.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director of Engineering Services
(361) 826 -3781
petean @cctexas.com
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Project Budget
Exhibit "D" Location Map
H :IHOME\Rachelle \GEMStreets16494 & 6495 - Staples (Saratoga to Williams id 51\Agenda Memo.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Staples Street (BOND ISSUE 2008)
Phase 1 from Saratoga to Holly
Project No. 6494 / CIP No. ST 38 — AMENDMENT NO. 1
AMENDMENT NO. 1 DESCRIPTION: The consultant, Freese and Nichols, Inc., is
requesting an amendment to their design contract in the amount of $67,968 for Phase 1 of
the Staples Street improvements project. As part of the design process, the City provided
right -of -way (ROW) maps for the consultant's use on this project, in lieu of conducting a
ROW re- establishment survey. Based on the ROW information provided by the city, in
conjunction with the limited number of ROW pins that were located during the topographic
survey, Freese and Nichols, Inc. has identified 19 parcels along the corridor for Phase 1
where additional ROW will be needed.
PROJECT BACKGROUND: On Tuesday, November 4, 2008, 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 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
H: IHOME\Rachelle \GENlStreets16494 & 6495 - Staples (Saratoga to Williams)1Ant dg611Agenda Background.doc
EXHIBIT "A"
Page 1 of 1
PRIOR PROJECT ACTIONS
SUBJECT: Staples Street (BOND ISSUE 2008)
Phase 1 from Saratoga to HoIIy
Project No. 6494 / CIP No. ST 38 — AMENDMENT NO. 1
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. June 9, 2009 - Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi,
Texas, in the amount of $1,665,349 for design, bid, construction and additional phase
services for Staples Street (Bond Issue 2008): (Motion No. 2009 -162)
• Staples Street, Phase 1 from Saratoga to HoIIy
• Staples Street, Phase 2 from HoIIy to Williams
4. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
4. July 1, 2009 — Administrative approval of an Agreement for Geotechnical Engineering
Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of
$24,000 for Staples Street (Bond Issue 2008):
• Staples Street, Phase 1 from Saratoga to HoIIy ($12,672)
• Staples Street, Phase 2 from HoIIy to Williams ($11,328)
—107—
H: \HOME\RachellelGEN\Streets16494 & 6495 - Staples (Saratoga to Williams)\Amd. No. 1\Prior Project Actions.doc
PROJECT BUDGET
STAPLES STREET - PHASE 1
FROM SARATOGA TO HOLLY
PROJECT NO. 6494
April 20, 2010
FUNDS AVAILABLE:
Street CIP 2010 ST 38 (Three -Year Total) $8,371,500.00
* Previous Years' CIP $657,000.00
$9,028,500.00
FUNDS REQUIRED:
Estimated Construction (Contractor To Be Determined ) ........................ $9,741,812.00
Contingencies (10 %) 974,181.00
Consultant (Freese and Nichols Inc.)... ............ ............ .......... ....... 1,095,485.00
*Original Contract (Phase 1): $1,027,517.00
Amendment No. 1 (Phase 1): $67,968.00
*Testing (Rock Engineering & Testing Laboratory - Geotech) 12,672.00
Estimated Reimbursements 389,600.00
Estimated Misc. (Printing, Advertising, etc.) 2,000.00
Total $12,215,750.00
*The original large NE contract and the Geotech Testing Agreement for
Staples Street - Phase 1 from Saratoga to Holly were encumbered under
previous years' CIP.
EXHIBIT "C"
Page 1 of 1
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File : \Mproject
co uncilexh \ exh 6494. d wg
NUECES BAY
CORPUS CHRISTI BAY
F.M. 43
CO
C4
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FM 2444
LOCATION MAP
NOT TO SCALE
PROJECT # 6494
FLOUR BLUFF
Exhibit "D"
Staples Street, Phase 1
from Saratoga to Holly
-109-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 4 -05 -2010
- -
NM/ 1211O1
MID
11
AGENDA MEMORANDUM
SUBJECT: Sale of City Surplus Properties April 27, 2010
AGENDA ITEM:
A. Ordinance declaring each of the four city -owned properties listed and described in
the attached Exhibit "C" as surplus property, three which are narrow in shape and
not suitable for building, one that lacks paved access to and from public roads,
and all of which are small in area.
B. Ordinance authorizing the sale of each of the four surplus properties listed and
described in the attached Exhibit "C" to (1) abutting landowners in the same
subdivision, or (2) abutting property owners in proportion to their abutting
ownership; and authorizing the City Manager or his designee to execute the deeds
and any related documents necessary to complete the sales and convey the
properties.
ISSUE: The City owns four tracts of land that were acquired for various purposes. The City
would like to sell and dispose of these tracts in order to eliminate maintenance
responsibilities and expense. There is no interest expressed by City departments for use
of these tracts. Council approval is required to declare these properties as surplus and to
approve their sale and disposition.
REQUIRED COUNCIL ACTION: Passage of the ordinances as submitted.
FUNDING: No funding is required for this ordinance.
RECOMMENDATION: Approval of the ordinances as presented.
Pedro Anaya, P. E.
Director of Engineering Services
Peteanacctexas.com
826 -3781
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Location Maps (4)
List of Surplus Property
H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Sale of City Surplus Properties April 27, 2010
BACKGROUND:
The City currently owns four properties, listed in Exhibit C, which are not needed for any
specific departmental purpose. These properties consist of three narrow strips of land that
are not buildable and one property that has no paved access. The property located on
Marguerite Street was conveyed by Quit Claim Deed to the City in 1976. The property on
Eleanor Street was conveyed in 1981 by a Sheriff's Deed to the City of Corpus Christi,
Corpus Christi Independent School District, and the Corpus Christi Junior College District.
All three entities will be required to sign off on the Warranty Deed to consummate the
transfer of title. The property on York Avenue is a portion left over from a City street
improvement project to widen York Avenue in the 1980's. The fourth property on Palmira
Avenue was dedicated and conveyed to the City in 2007 by a Warranty Deed.
Since the lots on Marguerite Street, Eleanor Street, and York Avenue are narrow in shape
and unbuildable, City Land Acquisition staff sent a letter to the adjoining property owners
on each side of the property to determine if there was any interest to acquire the lots. An
adjoining property owner for each lot has expressed interest in the property. It is proposed
to sell the three lots by establishing a minimum bid of $1,000 for 2601 Marguerite Street,
$1,875 for Eleanor Street, and $2,261 for York Avenue. When the transaction on Eleanor
Street is consummated, the proceeds will be distributed equally among the three public
entities. Once a minimum bid is established for the Palmira Avenue property, a letter will be
sent to the adjoining property owners to determine if there is interest in bidding on this lot.
City Land Acquisition staff sent a notice to all departments informing them of the intent to
sell and dispose of these properties. No interest was received. Revenue from the sale of
these properties will be deposited into the General Fund.
PRIOR COUNCIL ACTION:
A. June 27, 2006 - Ordinance declaring eighteen City -owned properties (listed in
Exhibit C) as surplus property, which include one developed residential property
located at 3705 Topeka Street and seventeen vacant tracts of land, nine of which
are irregular in shape and not suitable for building. (Ord. No. 026865)
B. Ordinance authorizing the sale of eighteen surplus properties (listed in Exhibit C)
consisting of one residential property located at 3705 Topeka Street, eight
developable tracts which will be sold individually to the public by sealed bid, and
nine irregularly- shaped properties which will be sold to the adjacent landowners in
exchange for their perpetual maintenance and care of the property; and
authorizing the City Manager or his designee to execute the necessary deeds for
all nineteen surplus properties to be sold and conveyed. (Ord. No. 026866)
FUTURE COUNCIL ACTION: None
H: \HOME\EUSEBIOG\GEN\Agenda Items \Sale of Surplus Property .04.27.2010 \Background.doc
—1 1 4—
EXHIBIT A
1 of 1
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NOT TO SCALE
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MARGUERITE STREET
25
24
23
22
25
2
20
19
SUBJECT
PARCEL
18
17
10' ALLEY
VICINITY MAP
NOT TO SCALE
EXHIBIT B
SURPLUS PROPERTY -
2601 MARGUERITE STREET
-115-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1of1
DATE 3 -09 -2010
File : \ MproiecgYcouncilexhibits \exh90015a.dwa
\UECES 4
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40
39
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100'
RUTH STREET
ELESA STREET
VICINITY MAP
NOT TO SCALE
EXHIBIT B
SURPLUS PROPERTY -
812 ELEANOR STREET
-1 1 6-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 3 -09 -2010
M=11/ OEM
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SURPLUS PROPERTY -
1106 YORK
-117-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 3 -15 -2010
File •
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EXHIBIT B
SURPLUS PROPERTY -
16034 PALMIRA AVENUE
-1 1 8-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 3 -09 -2010
SURPLUS PROPERTY TO BE SOLD
H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.20101Exhibit C.doc
EXHIBIT C
—119—
Address or Location
Legal Description
Zoning
Lot Dimensions
1
2601 Marguerite Street
Steele Addn., Block 7,
Lot 21
Residential
25 ft. by 135 ft.
2
812 Eleanor Street
Seikel Addn., Block 5,
Lot 39
Residential
25 ft. by 100 ft.
3
1106 York Avenue
Arcadia Addn., Block 6,
portion of Lot 2
Residential
Irregular shape
(4,523 s.f.)
4
Palmira Avenue (south
of Sea Pines Dr.)
Padre Island Unit 1,
Block 19, Lot 8B
Commercial
50 ft. by 150 ft.
H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.20101Exhibit C.doc
EXHIBIT C
—119—
Page 1 of 2
ORDINANCE
DECLARING EACH OF THE FOUR CITY -OWNED PROPERTIES
LISTED AND DESCRIBED IN THE ATTACHED EXHIBIT "C" AS
SURPLUS PROPERTY, THREE WHICH ARE NARROW IN SHAPE AND
NOT SUITABLE FOR BUILDING, ONE THAT LACKS PAVED ACCESS
TO AND FROM PUBLIC ROADS, AND ALL OF WHICH ARE SMALL IN
AREA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Each of the City's properties listed and described in the attached
Exhibit "C" are declared as surplus property.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to legal form: 13- Apr -10
By:
VWronica Ocanas
Assistant City Attorney
for City Attorney
Joe Adame
Mayor
H: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA I+ Et 20\40 \042710 \042710 ORD declaring 4 properties as surplus.doc
Page 2of2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2010, by the following vote:
Joe Adame Kevin Kieschnick
Chris N. Adler Priscilla G. Leal
John E. Marez Brent Chesney
Nelda Martinez Larry Elizondo, Sr.
Mark Scott
That the foregoing ordinance was read for the second time and finally passed this the
day of , 2010, by the following vote:
Joe Adame
Chris N. Adler
John E. Marez
Nelda Martinez
Mark Scott
Kevin Kieschnick
Priscilla G. Leal
Brent Chesney
Larry Elizondo, Sr.
PASSED AND APPROVED, this the day of , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to legal form: 13- Apr -2010
By:
Assistant City Attorney
for City Attorney
Joe Adame
Mayor
H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA I TM-IA/2E11'0\042710\042710 ORD declaring 4 properties as surplus.doc
Page 1 of 2
ORDINANCE
AUTHORIZING THE SALE OF EACH OF THE FOUR SURPLUS
PROPERTIES LISTED AND DESCRIBED IN THE ATTACHED EXHIBIT
"C" TO (1) ABUTTING LANDOWNERS IN THE SAME SUBDIVISION,
OR (2) ABUTTING PROPERTY OWNERS IN PROPORTION TO THEIR
ABUTTING OWNERSHIP; AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE THE DEEDS AND ANY RELATED
DOCUMENTS NECESSARY TO COMPLETE THE SALES AND
CONVEY THE PROPERTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or his designee is authorized to sell each of the
four surplus properties listed and described in the attached Exhibit "C" to abutting
landowners in the same subdivision or to abutting property owners in proportion to their
abutting ownership.
SECTION 2. The City Manager or his designee is authorized to execute the
deeds and any related documents necessary to complete the sales of the four surplus
properties listed and described in the attached Exhibit "C."
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to legal form: 13- Apr -10
By: f l�',!. r ,
Veronica Ocanas
Assistant City Attorney
for City Attorney
Joe Adame
Mayor
H: \LEG- DIR \VeronicaO\1.ENG \1 AGENDA I T.Ai, \10 \042710 \042710 ORD authorizing sale of 4 surplus
properties.doc L L
Page 2 of 2
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2010, by the following vote:
Joe Adame Kevin Kieschnick
Chris N. Adler Priscilla G. Leal
John E. Marez Brent Chesney
Nelda Martinez Larry Elizondo, Sr.
Mark Scott
That the foregoing ordinance was read for the second time and finally passed this the
day of , 2010, by the following vote:
Joe Adame Kevin Kieschnick
Chris N. Adler Priscilla G. Leal
John E. Marez Brent Chesney
Nelda Martinez Larry Elizondo, Sr.
Mark Scott
PASSED AND APPROVED, this the day of 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to legal form: 13- Apr -2010
By:
Assistant City Attorney
for City .Attorney
Joe Adame
Mayor
H: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA I T F M a \10 \042710 \042710 ORD authorizing sale of 4 surplus
properties.doc 1
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a 15 year
lease with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina, for and
in consideration of the repair, restoration and maintenance of Nina; providing for severance; and
providing for publication.
ISSUE: In December 2009, Council directed staff to work with the Columbus Sailing Association
(CSA) to draft an agreement for the repair, restoration and maintenance of the three Columbus
Ships (Nina, Pinta and Santa Maria) as part of a five phase process.
This agreement outlines the first phase which is the repair, restoration and maintenance of the Nina.
REQUIRED COUNCIL ACTION: Council action is required to execute a lease agreement for the
repair and restoration of the Columbus Ships.
PREVIOUS COUNCIL ACTION: A presentation was given to Council regarding the Columbus Ships
on October 27, 2009.
A resolution supporting fund raising activities of the Columbus Sailing Association for the Columbus
Ships was passed on December 15, 2009.
The first reading of ordinance was held on March 30, 2010. At the first reading, Council approved a
request to amend the lease term from "5 years, automatically renewable" to "15 years ", in
accordance with the City Charter §2 (a) (3).
CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve execution of
the Lease Agreement with the Columbus Sailing Association for the repair, restoration and
maintenance of the Nina.
`Deborah Walther BroWn"
Assistant City Attorney
deborahwb cr_cctexas.com
361.826.3379
Attachments
—127—
Margie C. Rose
Assistant City Manager
margieracctexas.com
361.826.3232
BACKGROUND INFORMATION
In 2009 the Columbus Sailing Association contacted the City requesting to repair, restore and
maintain the three (3) Columbus Ships. After considerable discussion with staff, the Columbus
Sailing Association held presentations with the Friends of the Museum, Museum Advisory
Committee followed by a presentation before Mayor and Council on October 27, 2009.
During the presentation before Council staff was given direction to draft an agreement for further
consideration.
The highlights of the agreement are as follows:
A) This is a lease agreement for the CSA to repair, restore and maintain the Nifia as part of
phase one of five.
B) Phase two through five will be addressed by separate agreements or amendments to this
agreement in the future.
C) Upon completion of all five phases, including the opening of the Columbus Seaport in the
City of Corpus Christi, the City shall transfer ownership of the Ships to CSA.
D) The City will pay $20,000 to CSA for the purchase of repair materials to be used for the
repair and restoration of the Nina in phase one. The $20,000 is to be used only for materials
to repair and restore the Nina. It is not to be used to pay for labor or equipment. This is a
one time only payment with no additional money to be provided.
Benchmarks and timelines will be required and approved by the City prior to the
commencement of work.
F) The City will, for a period of one year following the CSA's taking possession of the Nifia,
pay all costs associated with the operation of the fire detection system and electronic
intrusion alarm, including the electric bill, the monitoring and maintenance fees and the
telephone bill.
G) The Nina will remain moored in its current location free of charge. However, a month after
the completion of phase one and two, the CSA must enter into a lease agreement with the
Corpus Christi Marina for payment of slip rental fees.
H) The Nifia cannot be moved from its current location without prior written consent of the City.
I) City Staff (Marina Maintenance Supervisor and carpenter) will be used to assist in
coordinating activities and assisting with the replacement of the port and starboard cap rails
on the Nina at times mutually agreeable to CSA and the City.
J) A qualified shipwright must approve and supervise any structural repair and restoration of
the Nifia.
—1 2 8—
K) A qualified marine surveyor must certify that the structural repair and restoration is complete.
L) CSA must receive all of the appropriate certifications after the repair and restoration of the
Nina.
M) The lease term is 15 years.
—1 2 9—
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A 15 YEAR LEASE WITH THE COLUMBUS SAILING
ASSOCIATION FOR THE USE OF THE COLUMBUS SAILING
SHIP NINA, FOR AND IN CONSIDERATION OF THE REPAIR,
RESTORATION AND MAINTENANCE OF NINA; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a 15
year lease with the Columbus Sailing Association for the use of the Columbus
Sailing Ship Nina, for and in consideration of the repair, restoration and
maintenance of Nina by the Columbus Sailing Association. A copy of the contract
shall be filed with the City Secretary.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be
given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi. This
lease takes effect on the 61st day following City Council approval.
(Execution on Following Page)
That the foregoing ordinance was read for the first time and passed to its second
reading on this the ,3/} day of t-lc vo I \2010, by the following vote:
Joe Adame 7 Priscilla G. Leal __
Mark Scott �.._, John E. Marez _
Larry Elizondo, Sr. > Nelda Martinez 1/_____
Brent Chesney Kevin Kieschnick ___=
Chris Adler
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2010, by the following vote:
Joe Adame Priscilla G. Leal
Mark Scott John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Brent Chesney Kevin Kieschnick
Chris Adler
PASSED AND APPROVED this the day of , 2010.
ATTEST:
Armando Chapa
City Secretary
APPROVED: 021 day of 7/19/i--4_
orah Walther Bro
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
, 2010:
LEASE AGREEMENT RE: Nina
STATE OF TEXAS
§
COUNTY OF NUECES
THIS LEASE AGREEMENT (hereinafter "AGREEMENT ") is entered into by
and between the CITY OF CORPUS CHRISTI, a Texas Home -Rule Municipal
Corporation, P.O. Box 9277, Corpus Christi, Texas 78469, (hereinafter "CITY "),
and the Columbus Sailing Association, a Texas 501(c)3 Nonprofit Corporation,
7253 Yaupon Dr., Corpus Christi, Texas 78414, (hereinafter "CSA ").
WHEREAS, Nina, Pinta and Santa Maria (hereinafter "SHIPS "), are replicas of
15th century Spanish sailing vessels which, at the request of Spain, the CITY
undertook limited maintenance of in May of 2001; and
WHEREAS, in 2006, the SHIPS became the property of the CITY as a gift from
Spain, and remain a valuable historical exhibit linking the peoples and cultures of
Spain and the Corpus Christi area; and
WHEREAS, the SHIPS have fallen into significant disrepair'; and require
significant repair and restoration; and
WHEREAS, the CSA has requested that the CITY allow the CSA to:
a. Repair and restore the structural and mechanical integrity of the SHIPS
berthed in Corpus Christi, TX;
b. Conceive and develop a plan for the public display and use of the SHIPS
under the direction of the Columbus Sailing Association;
c. Obtain ownership of the SHIPS from the CITY after the CSA has
completed and opened a seaport to house the SHIPS;
d. Maintain the SHIPS at an increased level of maintenance than in the past.
(a., b. c. and d. hereinafter collectively the "WORK ")
WHEREAS, the purpose of this AGREEMENT is to state the duties and
responsibilities of the CITY and the CSA (hereinafter "PARTIES ") with regard to
the CSA's five phase plan regarding the SHIPS, and more particularly the
purpose of this AGREEMENT is to state the duties and responsibilities of the
For example of extent of disrepair only, regarding the Columbus ship Nin "a, see EXHIBIT "A" attached,
for copy of the Dixieland Marine Survey, dated April 16, 2008 and corresponding interview notes . It
should be noted that the Nina, as well as the Pinta and Santa Maria have fallen into further disrepair since
the Dixieland Marine Survey of 2008.
—132—
Page 2 of 16
Lease Agreement Re: Nina
PARTIES with regard to the lease of Nina to the CSA, in order to provide for and
facilitate the repair, restoration and maintenance of the Nina by the CSA, subject
to the terms and conditions of this AGREEMENT;
NOW, THEREFORE, in consideration of the mutual benefits to be derived and
the representations, conditions, and promises herein contained, and intending to
be legally bound, the CITY and the CSA agree as follows:
PARTIES: CITY shall hereinafter be defined as the City Manager or his
designee. CSA shall hereinafter be defined as the President of the CSA,
or his designee.
PROJECT PHASES: The CSA will complete five phases, (hereinafter the
"PROJECT ") as listed below. The CITY approves and supports the
completion of all five phases of the PROJECT. The specific rules,
regulations and requirements regarding phase one, the repair, restoration
and maintenance of the Nina are set forth below. The specific rules,
regulations and requirements regarding phases two through five will be
addressed by separate AGREEMENT(s) or amendment(s) to this
AGREEMENT, at a time and date closer to the commencement of those
phases.
Phase one: The repair, restoration and maintenance of Nina;
Phase two: Staging facilities to conduct Nina operations;
Phase three: (a) The repair, restoration and maintenance of
Pinta,
(b) The repair, restoration and maintenance of
Santa Maria;
Phase four: Columbus Seaport construction, including dredging
the basin and channel; and
Phase five: Placement of the Nina, Pinta and Santa Maria in the
water and float to Columbus Seaport in the City of
Corpus Christi.
LEASE OF SHIPS: The CITY in consideration of the CSA's faithful
performance of the covenants described herein, more particularly, the
repair, restoration and high level of maintenance of the SHIP(s), shall
lease to the CSA each SHIP at such time as the CSA respectively meets
the specific rules, regulations and requirements as set forth in the
applicable phase, that being phase one, herein, with respect to Nina, and
phase three (a) and (b), as will be set forth at a later date, with respect to
Pinta and Santa Maria.
Page 3 of 16
Lease Agreement Re: Nina
TERM: The term of this AGREEMENT is for a period of 15 years,
beginning on the date of execution below, subject to earlier termination as
provided herein.
POSSESSION: Possession, defined herein as custodial responsibility, of
the Nina shall not take place until the conditions set forth below, in the
section also entitled "POSSESSION ", under the heading "PHASE ONE -
The Repair, Restoration and Maintenance of Nina" are met.
ASSIGNMENT: The CSA may not assign this Lease AGREEMENT, nor
sublease the SHIP(s), without the written consent of the CITY.
MAINTENANCE: The CSA shall throughout the term of this
AGREEMENT, and any future AGREEMENT(s) with respect to the
SHIPS, take good care of the SHIP(S), keep them free from waste or
nuisance of any kind, and shall be responsible for and shall perform, or
cause to be performed, maintenance, including custodial maintenance.
INSPECTION: The CITY, and its employees and designated agents, shall
have the right to enter upon the SHIPS at any time during the term of the
lease for the purposes of inspection, for emergency repairs, and to
otherwise protect its interests. Nothing herein shall be construed to
restrict the CITY in the exercise of any of its police powers.
LEASE RELATIONSHIP: The PARTIES specifically agree and
understand that this AGREEMENT creates under its terms, a lease
relationship. Nothing herein contained shall be deemed or construed by
the PARTIES hereto, nor by any third party, as creating the relationship of
partnership or of joint venture between the PARTIES.
CITY AUTHORITY: Except as specifically provided herein, the CSA shall
not have any authority to bind the CITY to any contract, indebtedness or
obligation in any manner without the express written consent of the CITY.
The CITY reserves the sole and exclusive right to exercise its police
powers and other governmental authority concerning any matters related
to this AGREEMENT.
SHIPS AS COLLATERAL: The CSA shall not use any Columbus SHIP as
collateral for anything.
TRANSFER OF OWNERSHIP: Upon completion of all five phases,
including the opening of the Columbus Seaport in the City of Corpus
Christi, the CITY shall transfer ownership of the SHIPS to the CSA.
Page 4 of 16
Lease Agreement Re: Nina
TERMINATION OR EXPIRATION OF AGREEMENT: Except as
otherwise provided herein, should the CSA fail to uphold any of the
provisions or covenants contained within this AGREEMENT, the CSA has
90 calendar days, upon written notice by the CITY, to cure the default or
this AGREEMENT automatically terminates. In the event of termination of
this AGREEMENT or expiration of the lease term, the CSA shall
immediately comply with the written order from the CITY regarding
vacating the SHIP(S), subject to making any arrangements necessary for
the maintenance or relocation of the SHIP(s), and proceeding with due
diligence in completing such conditions.
In the event of termination of this AGREEMENT or expiration of the lease
term, any and all unexpended CITY funds must be returned to the CITY.
Further, in the event of termination of this AGREEMENT for any purpose,
or expiration of the lease term, all materials and supplies remaining after
ten calendar days notice automatically become CITY property for
whatever purposes deemed appropriate by the CITY.
COMPLIANCE WITH LAWS: The CSA agrees to comply with the rules,
regulations and requirements of this AGREEMENT, as well as all laws,
ordinances and orders of federal, state and local governments.
PHASE ONE
The Repair, Restoration and Maintenance of Nina
GUIDE FOR REPAIR: The CSA shall follow the Dixieland Inc. Marine
survey, conducted March 25 through 28, 2008, attached (see EXHIBIT
"A "), as the guide2 for the repair of Nina.
CITY PAYMENT FOR REPAIR AND RESTORATION: CITY shall pay the
sum of $20,000 to CSA for the purchase of repair materials to be used for
the repair and restoration of the Nina in phase one. The $20,000 is to be
used only for materials to repair and restore Nina, it is not to be used to
pay for labor or equipment. CSA will provide paid invoices to the CITY to
account for the funds. No additional money will be provided to the CSA by
the CITY. This is to be a one time only payment and no additional money
will be provided to the CSA for any future WORK to be accomplished in
subsequent phases two through five.
REQUIRED INSURANCE: Prior to the undertaking of phase one, the CSA
shall obtain, carry and pay the premiums for the insurance of the types
2 The survey and accompanying interview notes are to be used as a guide only and need not be followed
exactly, particularly considering that the survey was completed in 2008 and the repair, restoration and
maintenance needs of the Nina have likely changed. As a guide, the survey and notes are to be used to
show the way by direction and example only.
-135-
Page 5 of 16
Lease Agreement Re: Nin "a
and in the limits stated below in the inserted provision. The CSA shall
include the CITY as an additional named insured party on all insurance
policies required. The CSA coverage must also include both paid
employees and unpaid volunteers.
INSURANCE REQUIREMENTS for NINA reoalr
COLUM$US S/1ILIhIG AVOCIATION'S LIABILITY INSURANCE
A. Columbus Sailing Association must not commence work under this agreement until all insurance required herein has been
obtained and such insurance has been approved by the City. The Columbus Sailing Association must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained.
B. Columbus Sailing Association must furnish to the City's Risk Manager or designee, two (2) copies ofCertifioates ofInsurance,
showing the following minimum coverage by en insurance company(s) acceptable to the City's Risk Manager. The City must be
named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day written notice of cancellation, material change,
non - renewal or termination is required on all certificates
Bodily Injury and Property Damage
Per occurrence / aggregate limit
Commercial General Liability to include
1. Broad Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Broad Form Property Damage
6. Personal Injury & Advertising Injury
7. Fire Legal Liability
$1,000,000 Combined Single Limits
Business Auto Liability to include Hired and Non -owned
Auto Liability
$1,000,000 Combined Single Limit
Ship Repairers Legal Liability Coverage
$110,000 (current value of NINJ
Commercial Property
CSA is responsible for their own insurable interests in
their property and equipment
Workers Compensation to include volunteers
(Applicable if any paid employees)
Employers Liability to include USL &H
Which complies with the Texas Workers Compensation
Act and Section II of this exhibit
$500,000
Applicable when NINA is seaworthy
Ocean Marine Hull and Liability Coverage
Protection & Indemnity (P & I)
$Current value ofNINA After repairs completed)
$1,000,000
C. In the event of accidents of any kind, Columbus Sailing Association must furnish the Risk Manager with copies of all reports
of such accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. As stated in Section I -B, Table, Columbus Sailing Association must obtain the applicable workers' •
—136—
Page 6 of 16
Lease Agreement Re: Nina
compensation coverage or maritime exposure protection for its employees through a licensed
insurance company in accordance with Texas law, The contract for coverage must be written on a
policy and with endorsements approved by the Texas Department of Insurance. The coverage provided
must be in an amount sufficient to assure that all workers' compensation obligations incurred by
Columbus Sailing Association will be promptly met.
B. Columbus Sailing Association's financial integrity is of interest to the City; therefore, subject to it's
right to maintain reasonable deductibles in such amounts as are approved by the City, Columbus
Sailing Association shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at its' sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State ofTexas and with an A.M. Best's rating
of no less than A- (VII).
C. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City, and
may require the deletion, revision, or modification of particular policy terms, conditions, limitations or
exclusions (except where policy provisions are established by law or regulation binding upon either of
the parties hereto or the underwriter of any such policies).Columbus Sailing Association shall be
required to comply with any such requests and shall submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested change. Columbus
Sailing Association shall pay any costs incurred resulting from said changes. All notices under this
Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Columbus Sailing Association agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations and activities of, or on behalf of, the named
insured performed under contract with the City, on the General Liability and Business Auto Liability
coverage.
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Columbus
Sailing Association shall provide a replacement Certificate of Insurance and applicable endorsements
to City. City shall have the option to suspend Columbus Sailing Association's performance should
-137-
Page 7 of 16
Lease Agreement Re: Nina
there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the
required insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Columbus Sailing Association's failure to
provide and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Columbus Sailing Association to stop work hereunder,
and/or withhold any payment(s) which become due to Columbus Sailing Association hereunder until
Columbus Sailing Association demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extant to which Columbus
Sailing Association may be hold responsible for payments of damages to persons orproperty resulting
from Columbus Sailing Association's or its subcontractors' performance of the work covered under
this agreement.
H. It is agreed that Columbus Sailing Association's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
NOTE: The limits and types of coverages are subject to adjustment if upon review, it is
determined that the activity requires increased levels and types of coverages.
2009 Columbus Sailing Association —NINA repair Ins. req.
9.24.09 ep Risk Mgmt
Such insurance policies shall not be cancelled, materially changed, or not
renewed, without 30 calendar days' prior written notice to the CITY. A
certificate of such insurance coverage, reflecting the foregoing
cancellation provision shall be furnished to the CITY, and copies of the
insurance policies shall be promptly furnished to the CITY upon its written
request. Failure of the CSA to maintain said insurance for the term of this
—138—
Page 8 of 16
Lease Agreement Re: Nina
AGREEMENT shall be grounds for the termination of this AGREEMENT
by the CITY.
BENCHMARKS AND TIMELINE: At least 15 calendar days prior to
WORK commencing in phase one, the CSA is required to provide repair
and restoration benchmarks (hereinafter "benchmarks "), including a
timeline, which must be approved by the CITY prior to WORK beginning in
phase one. The benchmarks and timeline will be used by the CITY to
measure the progress of the CSA in phase one. If the CSA fails to meet a
benchmark within the required time period, the CSA has 90 calendar days,
upon written notice by the CITY, to cure the default or this AGREEMENT
automatically terminates.
PLAN FOR FUNDING: Within 90 calendar days of the effective date of
the AGREEMENT, the CSA will provide the CITY an up to date itemized
plan for funding with evidence of actual monetary commitments or
materials that will be donated to the CSA for the repair of Nina.
POSSESSION (See page 3 for definition): Upon submission by the CSA
and acceptance by the CITY of the following, as are more fully described
immediately above:
1.) Proof of required insurance;
2.) Benchmarks and timeline; and
3.) Plan for funding,
the CITY will provide a letter to the CSA indicating that possession of the
Nina is granted and WORK on phase one may begin. Possession shall not
take place and WORK shall not begin until the CSA is presented with said
CITY letter.
ALARM SYSTEMS: For a period of one year following the CSA's taking
possession of the Nina, the CITY shall pay all costs associated with the
operation of the fire detection system and electronic intrusion alarm,
including the electric bill, the monitoring and maintenance fees and the
telephone bill. At least 30 calendar days prior to the one year anniversary
of the CSA's taking possession of the Nina, the CITY will notify the CSA
that the CSA shall begin paying, on the one year anniversary, all costs
associated with the operation of the fire detection system and electronic
intrusion alarm, including the electric bill, the monitoring and maintenance
fees and the telephone bill, while under this AGREEMENT.
However, the CSA shall immediately upon taking possession of the Nina,
be responsible for assuring that the fire detection system alarm and
Page 9of16
Lease Agreement Re: Nina
electronic intrusion alarm onboard Nina are activated following periods
during which WORK are performed by the CSA on Nina, while Nina is
moored in the Corpus Christi Marina.
MOORING OF N /IVA: Nina shall remain moored in her current location
free of charge. However, a month after the completion of phases one and
two, the CSA must enter into a lease agreement with the Corpus Christi
Marina for payment of slip rental fees.
MOVING OF AMA: CSA shall not move Nina without prior written consent
of the CITY.
HURRICANE PLAN: The CITY Hurricane Plan currently in effect for Nina
will continue under the supervision of the City Marina Superintendent. To
this end, CSA shall keep Nina ship -shape and ready to be moved at a
moment's notice in the event of an approaching hurricane.
ASSISTANCE OF CITY EMPLOYEES: CITY shall provide one employee,
the marina maintenance supervisor, at times mutually agreeable to CSA
and the CITY, to assist in coordinating activities during the repair and
restoration of Nina. The Corpus Christi Museum of Science and History
carpenter currently employed for repair and restoration on the SHIPS in
dry dock, will be available, at times mutually agreeable to CSA and the
CITY, only for assistance in coordinating activities regarding the
replacement of the port and starboard cap rails on Nina. If the position of
marina maintenance supervisor and /or carpenter becomes vacant, the
City is not required to provide a substitute employee.
SHIPWRIGHT: The CSA shall procure a mutually agreeable qualified
shipwright to approve and supervise any structural repair and restoration
of Nina, and shall pay all costs to have the structural repair and restoration
performed and completed and to return Nina to navigable standards.
MARINE SURVEYOR: The CSA shall procure a mutually agreeable
qualified marine surveyor to certify that the structural repair and
restoration is complete.
TOURS OF NI/VA: CSA shall not permit on board tours of Nina without the
written consent of the CITY. Only people who are actively engaged in the
repair, restoration, and maintenance of Nina shall be permitted on board
Nina. Failure to comply with this provision is cause for automatic
termination of this AGREEMENT.
MUSEUM SHIPYARD: The Museum's shipyard, in coordination with the
City, will be available to the CSA for the storage of materials and tools,
and will further act as a staging area to prepare material for the repair,
Page 10 of 16
Lease Agreement Re: Nina
restoration, and maintenance of Nina. The CSA will provide the necessary
insurance for performing the repair, restoration, and maintenance of Nina,
in the Museum's shipyard.
The CSA shall not permit access to the Museum shipyard without the
written consent of the CITY. Only people who are actively engaged in the
repair, restoration, and maintenance of Nina shall be permitted access to
the Museum shipyard. Failure to comply with this provision is cause for
automatic termination of this AGREEMENT.
The Class IX storage shed located in the Museum's shipyard, will be
made available to the CSA for the storage of materials and tools, in
coordination with the City.
CERTIFICATIONS: The CSA must, after all repair and restoration, of
Nina, is complete, obtain certification from all necessary parties, including
the Coast Guard, that Nina meets the appropriate criteria for all
certifications required of the CSA for all activities involving Nina.
Efforts to secure seaworthy, static display or other appropriate certification
will require additional funding. All costs will be the responsibility of the
CSA. Within 120 calendar days of completion of initial repair and
restoration of Nina, the CSA shall provide a list of certification
requirements and the cost to meet those requirements, as well as a
timetable with benchmarks to the CITY.
After restoration and repair by the CSA and the acquiring of all required
certifications, CSA will maintain the Nina at a level whereby she shall
maintain all certifications at the highest possible level for intended public
access and use.
End of provisions specific to Phase One.
Page 11 of 16
Lease Agreement Re: Nin "a
Warranty
The AGREEMENT has been officially authorized by the governing body of each
Party, and each signatory to this AGREEMENT guarantees and warrants that the
signatory has full authority to execute this AGREEMENT and to legally bind their
respective Party to this AGREEMENT.
Release
CSA, on behalf of itself, the CSA representatives, their respective affiliates,
directors, officers, shareholders, members, employees, volunteers, agents,
representatives, contractors, subcontractors, consultants, authorized agents and
authorized representatives, and their respective successors and assigns
(collectively, hereinafter the "CSA PARTIES "), hereby releases, waives and
forever discharges CITY and its affiliates, directors, officers, shareholders,
members, employees, agents, representatives, contractors, subcontractors,
consultants, authorized agents and authorized representatives and their
respective successors and assigns (collectively, hereinafter the "CITY
PARTIES ") from any and all past, present and future claims, known or unknown,
that CSA and /or the CSA PARTIES now have, may have or ever had against
CITY and /or the CITY PARTIES arising from (a) the physical condition of the
SHIPS and surrounding work areas used (hereinafter "the property "), including,
without limitation, the lay -down area, or the other property, (b) the failure of the
property, including, without limitation, the lay -down area, or the other property to
comply with any applicable law (defined below), (c) the presence of CSA or any
CSA PARTIES on the property, including, without limitation, the lay -down area,
or the other property, (d) CSA's or the CSA PARTIES' exercise of the rights
granted in this AGREEMENT, or (e) any default by CSA or any CSA PARTIES
under this AGREEMENT. CSA specifically acknowledges that CITY has made
no representation or warranty of any kind or character in respect to the condition
of property, including, without limitation, the lay -down area, or the use which
may be made thereof, and CITY hereby specifically disclaims any and all such
representations and warranties, express or implied.
The release set forth in this Section shall survive the expiration or earlier
termination of this AGREEMENT.
Indemnification
CSA understands that it is not to enter into any AGREEMENT with contractors or
volunteers (hereinafter "CONTRACTOR ") for completion of WORK unless and
until the CONTRACTOR releases and agrees to indemnify, defend, and hold
harmless CITY, in the following term:
CSA agrees to unconditionally indemnify fully, hold harmless and
defend, at CSA 's sole expense, CITY, its parent, subsidiaries, joint
venturers, and affiliates and its and their agents, officers, directors
stockholders, employees, representatives, successors and assigns
(herein collectively referred to as "CITY ") from and against all
Page 12 of 16
Lease Agreement Re: Nina
liabilities and damages (as hereinafter defined) claimed by CITY,
the CSA, and theft respective subcontractors or third parties,
including but not limited to all the employees of CITY, the
CONTRACTOR, and their respective subcontractors, arising
directly or indirectly out of or in any way connected with the
performance or non - performance of this AGREEMENT or WORK or
operations covered or contemplated by this AGREEMENT, without
regard to the cause or causes thereof, including but not limited to,
those caused by the actual or alleged negligence, common law,
strict liability, statutory liability, absolute liability, vicarious liability,
products liability, gross negligence or willful actions, or otherwise
wrongful acts or omissions of CONTRACTOR, Contractors'
subcontractors, CITY or their parents, subsidiaries, joint venturers,
or affiliates and their respective agents, officers, directors,
employees, representatives, successors and assigns. IT IS THE
EXPRESSED INTENT OF THE PARTIES HERETO THAT
CONTRACTOR INDEMNIFY CITY FOR LIABILITIES AND
DAMAGES CAUSED BY THE CITY'S OWN ACTUAL OR
ALLEGED JOINT OR CONCURRENT NEGLIGENCE. This
indemnity does not extend to the sole negligence of CITY. The
obligations contained in this section shall survive the termination of
the AGREEMENT.
The term "Liabilities and Damages" shall mean any and all
(i)obligations, (ii) liabilities, (iii) personal and bodily injuries of any
person (including, but not limited to death), (iv) damages or loss to
any real or personal property, whether owned by CITY,
CONTRACTOR, their respective subcontractors and /or any third
party, including but not limited to (a) buildings, facilities, goods,
tools and equipment (b) crude, feedstocks and products, (c)
intellectual, confidential or proprietary, (v) damage, loss,
contamination or adverse effects on the environment or natural
resources, including but not limited to pollution and public and
private nuisance, (vi) violation of governmental laws, regulations or
orders (vii) penalties, (viii) actions, (ix) lawsuits, (x) claims and
demands, (xi) liens, (xii) losses, (xiii) settlements, (xiv) judgments,
orders, directives, injunctions, decrees or awards of any federal,
state, local or foreign court, arbitrator, administrative or
governmental authority, bureau or agency and (xv) costs,
expenses, interest and fees including, but not limited to, those
incurred in enforcing this indemnity and /or mitigation of Liabilities
and Damages (including, but not limited to, expenses related to
attorneys investigators, accountants, consultants, expert witnesses,
and arbitration or mediation) relating to the foregoing.
Any modifications to the foregoing term must be approved by CITY.
Page 13 of 16
Lease Agreement Re: Nina
Oral and Written Agreements
All oral or written AGREEMENTS between the PARTIES relating to the subject
matter of this AGREEMENT, which were developed prior to the execution of this
AGREEMENT, have been reduced to writing and are contained in this
AGREEMENT.
Entire Agreement
This AGREEMENT represents the entire AGREEMENT between the Parties and
supersedes any and all prior AGREEMENTS between the parties, whether
written or oral, relating to the subject of this AGREEMENT.
Validity and Enforceability
If any current or future legal limitations affect the validity or enforceability of a
provision of this AGREEMENT, then the legal limitations are made a part of this
AGREEMENT and shall operate to amend this AGREEMENT to the minimum
extent necessary to bring this AGREEMENT into conformity with the
requirements of the limitations, and so modified, this AGREEMENT continues in
full force and effect.
Immunity not Waived
Nothing in this AGREEMENT is intended, nor may it be deemed, to waive any
governmental, official, or other immunity or defense of any of the PARTIES or
their officers, employees, representatives, and agents as a result of the execution
of this AGREEMENT and the performance of the covenants contained in this
AGREEMENT.
Force Majeure
The term "force majeure" as employed in this AGREEMENT means and refers to
acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires;
hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances;
explosions; or other causes not reasonably within the control of the party
claiming the inability.
If, by reason of force majeure, either party is rendered wholly or partially unable
to carry out its obligations under this AGREEMENT, then the party shall give
written notice of the full particulars of the force majeure to the other party within
20 calendar days after the occurrence or waive the right to claim it as a justifiable
reason for delay. The obligations of the party giving the required notice, to the
extent effected by the force majeure, are suspended during the continuance of
the inability claimed, but for no longer period, and the party shall endeavor to
remove or overcome such inability with all reasonable dispatch.
Page 14 of 16
Lease Agreement Re: Nina
No claim against the SHIPS
No claim for right of any kind as against the SHIPS, namely Nina, Pinta and
Santa Maria, may arise or be asserted arising from the activities contemplated by
this AGREEMENT. No lien of any kind or for any claim may be placed against
the SHIPS by any PARTY, CONTRACTOR, subcontractor or other provider of
goods or services.
The CSA shall not permit any mechanics' and material -men's or other Hens to be
fixed or placed against the leased SHIP(s) and if such occurs, agrees to
immediately discharge (either by payment or by filing the necessary bond, or
otherwise) any such liens which are allegedly fixed or placed against the leased
SHIP(s). The CSA reserves the right to contest with due diligence the
reasonableness of any such charges or impositions against the leased SHIP(s),
and the CITY agrees not to interfere with such contested proceedings or
otherwise to declare a default under this lease due to such proceedings.
Costs of Publication
The CSA shall be responsible for payment of any costs of publication of this
Lease Agreement as may be required by the City Charter of the CITY.
Notices
Any notice or other communications relating to this AGREEMENT may be
delivered by:
a. depositing same in the U.S. mail, postage prepaid, certified mail, with
return receipt requested, addressed as set forth in this section; or
b. delivering same, by hand, to the party to be notified as set forth in this
section.
Notice given in accordance with a. herein shall be effective upon date of receipt,
as indicated on return receipt. The notice addresses of the PARTIES hereto
shall, until changed in the manner of giving notices as herein provided, shall be
as follows:
To the City:
City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469 -9277
To CSA:
John Torrey
Columbus Sailing Association
President
7253 Yaupon Dr.
Corpus Christi, Texas 78414
Page 15 of 16
Lease Agreement Re: Nina
Amendments
a. This AGREEMENT may not be amended except by written
AGREEMENT approved by each of the PARTIES.
b. No officer or employee of any of the PARTIES may waive or otherwise
modify the terms in this AGREEMENT, without the express action of
the governing body of the PARTY.
c. The CSA shall notify the CITY prior to making any change to their
name or the governance of the membership.
Captions
Captions to provisions of this AGREEMENT are for convenience and shall not be
considered in the interpretation of the provisions.
Approval
This AGREEMENT will be effective upon execution by all PARTIES.
EXECUTED IN DUPLICATE,
EITHER COPY OF WHICH CONSTITUTES AN ORIGINAL.
COLUMBUS SAILING ASSOCIATION
7253 Yaupon Dr.
Corpus Christi, Texas 78414
BY: le �
Jo /n Torrey, President
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the I h J 2010
by John Torrey, in the capacity herein stated.
f \;;� {� 7
[Seal]
NOTARY PUBLIC, STATE OF TEXAS
CITY OF CORPUS CHRISTI, TEXAS
1201 Leopard Street
Corpus Christi, Texas 78401
BY:
Angel Escobar, City Manager
Page 16 of 16
Lease Agreement Re: Nina
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009
by Angel Escobar, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
[Seal]
APPROVED AS TO LEGAL FORM, THIS 7 - DAY OF /9Z(,/,--,
2010.
FOR THE CITY ATTORNEY
eborah Walther Brown
Assistant City Attorney
City Legal Department
!r'
1110.
SURVEYORS a CONSULTANTS
Capt. Rlensr 1 t,. F=renttarl sattts -gM 1AMS, NAMs cPtt:
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Mono: 71 410..8855 ,Faux: 715•f 0845411
Mop Mow 151 O FM 2438, I.aaIrene% TX 79D►t8
t►'araaararveniveraan: PO Box 787, kleargot, TX 77388
Dater Id ,April
Alin: Rick Stcylt r, 1. iroopr
Itu; a /V'NINA"
CONDITION AND ASsEssm.itra OF NEEDED REPAIRS
TRIM IS TO CERTIFY that the ualtlaaa:eigucti! Marine Siiirva'yall, Old on 2548 Much 211till,
at the rcq»e.5t cif Rid Stryker, and for the rISuitiint o111w OW of Carpus Christi tarlatan of
«,00 . Science and fllstery. eeruittei seat inspoetion of the subject weed replica era 1.'a' century
Spanish caravel, w1dJa it was lying afloat at the Corpus Christi Marine la 00(11013 Cbriatlii,
TX, ice caa4cr kp evaluate its current ;smuttier', and make an MSSk*.OLTIMit Ofthc nege 3Nrry
repairs,
ontLEAD1NtS SIDIVEV
IL L. Crew *.el, Marine Neroayor
J. C. Renner, lr,, Mario as vvo=
08411
DRSC jt ttr Ath
Ownership: City el' Carps Chriarti,'dX
Owncr'ax Address: 1900 North Clisp u ai, CA-apes d'.'hriati,1 X 78401
Official No:: C0534345
Gregg tonnage; 57
Built in 1990 hy; Arsenal Naval Miller, Carregcne, Spain
Type: Replica of 15th century au'aueal
Registered Length: 59.01 0.0n011 CD deck:* k: 7100
DreadtlE 22'
Malt: S'-10'
1 iarpleceinrrait: 1 OO ong luau
Iaalcrad d Service: Museum atii is displays (see 1lote A).
Oulu dom. rant miumarnd or cietearnlrred dlolirg Rtt elloy, but obtotti etihut.' Mr() ?Maud
prnvidrtc1 by u} ✓ ctor, t:`aapatss Cittlbti lihAvotaart rrf tiVIrutte urntHisr4cry,
Caetebrating
1965.40 yrs. -ZOOS
Cottecionetlaus
Service
—148—
Exhibit A
f�ilzleiand iltuerirco Relitttr4 I °n 00020eitt -C
cess tilt ri uud Alettne rnt of oodet itepulp,
IT April ZOOS
reipo2 et
SCOPE OF SURVEY
'The purpose of this hasp s:llea and report is to Assess the reptdis and nzplaoaraeatt tte;cowanry to
bring the vessel to a tore eutulition End sanative. .appeathtaetstr For the eajc cieot of truism=
visltots wilila hlocitcd aalwrc. It is ecul intended. to paovkle information on the repairs—lion would
h necrttsrary to hritig the vnss t to as condition suitable for rmy aedsritice afloat,
>+ltrasf was insPprted while k Odt.onh. Ilu 11 axtorltet surrste and vatcbarwsgwr machinery and
hardware ► eraNO1 inspected,
A Wile rieltaflity of teed Pita uscd ma Whig FA secured icl the tii lsea from bow to stern
preVentingswumg to f i camas atnd planking below the hold decking.
Deck hoards, tie /lion,, partitions, trucks, aid large mrlcuantof equipment in the hold, only about
20 pawn 'tbe hull framing and interior seam mold be observed. looked compartments sir
o hetwile loam 'fit)* areas were clot inapected. Access to SOON ar OS wIs lirnitod by they unsafe
condition of dm its and hlrndmik
Thiro vc sal liwass snared withoutterfttrvals Of party ftaclucding fittings, liner materials,
screwed hatedst.nr panels, ffareci partitions, h utrtlments, stnn►e, spare parts and miscellaneous
Materials in Ike hit erns lookers. it anther axed er serni -furl horns.
Spats and riigghtg vivre visually iinspected *canna deck. Sails Woe net invented.
No determinatien of stab' RV characteristics or inherent fatmotttral Integrity 1tnn bestir. made and no
opinion is expressed thereto.
11* ivarVey repaatt topcoats ats the generld condition of that vessel Oft tilt &am/ or inspection
specified above, and is the unbiased opinion or the undersip;Rad. R provides uo aueur s oftbe
vessel's condition tin any later date. This import is mot to bb eunsidensd an Inventory or a
suarrars r, tirithor4pucftied or implied.
.DRSC,RUTIO
Static Mosotho display Wing alongside a cement pia, No atoms ladder et gangway. No
approved i ublle ahem (alarms not operating).
libakagkaractorlelle �
Rup�tior of 1$" century Spanish caravel
built to simulate dm ehereeroristecs of
Christopher Columbus" Alp "Nita " ,elf.
nearly as they could he delimit/nod at lira
time of construction,
Null Farm: Displacement type hail with
rounded bottom.. Sharp flit( bow with
ourvexi awn that is moderately raked at
f brtsi'oart rising to vertical at head, Lang
straight lusts. (warted) and lightly raked
atwraapaitrt wititattacttad ruthlcr. Curved
slides with eoncetvc sheer, and transrntt
astern,
Photo t, Bow and poet side.
—149—
Diwiotaitit Martat Report Nu: INO/67CC. C
CoINNitum and Alma rrggni hiicdui &Mrs
17 4prI1212O
1Page3 of l
w't!ltedil'ti tea Fora:: Rtmcd i`ojn' istie
furwnrd, and raised i.f deck icit. bulwarks
OH Mehl dock and i'nrocnrtII,. wood h utdeuiis
on balildeck.,
Nal t4sre nest and mainmast each with
yards tor single Kum i1 Mirannioat
with yard for lateen snit, Bowsprit
apparently set sit ain,dl0 S re sail, but yard
curt cI.: ttily set.
khgl C;orltrartpMa.1 rrt 0110 eumpattmont
eoonsisting of a stogie hold below a beastly
cambered deck, with nun- wutertkett
partitions anti Lockers.
Photo I., Stern and steamed Oda
Caloetr illu„„it„
Carve' planked with transverse framing system (see Neste A). Planking is pine (reportedly
Spanish) apptilinatelar 2. li2" think (finished dimension), Framing is of Oak anti c+onstincied of
sawn ihttcickr► (curved overlapping pieces) cppry& S'" ac 7" on approx. 20" canon. Duck is 2
L! " x 5a 1ir" (finished direanstion) plane piastklug over oak teams approx. S" x f' Mashed
dimension). C*irliine% slritngers, knees, and other scantlings of e>roatpwtdMer dimensions.
l ostetitt@* earl Maur mo stacl, Paint his been removed front Melt topuidesttnd siiperatenetu ,
and some unknown,, cleann matinng oorprovervefive Applied
t3as 11sLsui is lead pigs stacked b the bilges, sonar pip are second to lianas.
The bilge uru cmnarcd terith:loose plywood deck plates -on wood fraud* Tice }mkt aiminins
*weed hood compoitiiLents, inckcr ,, turd. machtnesy covers:. Most smart sorrows below desks
are painted,
Made are solid rounded end shaped wood (Domain fir upo l) wih. dialing stops at deck
p~ re. 'Tiny are chucked with wood wodpe is the patine ii at this dock and have squared
heels fitted hi WOW meet stops on Hearses and beams below deck. Yards are acnrstnwted oftwo
tapeteed wood sparer overlapped at tiro boas and Lashed with tarred lime.
Rigging is both .natural and synthetic fiber Me strand tine. Chalop rtes cod crtlscr iittings sue
steel.
Wart cheeks, mooring cleats, etc. of wood (largely oak),
A CatxtriltarS , Model 3208, Mel engine, geesr, and Shottvlx'" thrusters era fitted. An 011411*
45.5kW generator end 1tb -Nott dlhoseapakerelectrical system: teat with strain pastel and wiring ant also
installed.
=COMMENDED WOMBS
Machinery
1. Remove and scrap dm now ftmcdoning engine, gars, and Mum, which tee in very poor
condition, tan- furmtianal, end detrac;i ihnu Ii stcrlcal aeon* of liars Ntptixsi. (Ahem 3).
Remove associated moo" , ccoven, tirratw. piping, dhru- ,alias, rwiat% stt4 ihnileries. •
—150—
7tyinlelan4 Toiarlot Rupork Nei 030297CC -e
Cardldoo sod Asmot tlon! of MErdt,r il*iiagni
17 kiwi! 21'1115
Pow 4 I
2. Remove tho Onalfrm electrical g'm i itor tint
needed for resent use, requiting continued
maantoirattoc, and detracting from historical
accuracy of the replica. May be salvageable
for tither uses, Remove associated supports,
COMM Oinks, piplitg► Iltru.ltulls, wiring, and
hslteriea.
3, Alba* L eMO al Of machinery and completion
of hull and 4c4 repairs, have the remaining
eiCtltioal flyStUnt ut.fidusied by marine
eiectrician. Repair or replace wiring and
:panels to meet WC sad owners
requirements.
Ilnil IGstrac.rlolr
Hod[ minima maid alert be dont)
bupgard whiff u tiiul lDitsed nett the itaipertion
tlf Ter PIlr* ad Santa Maria treated ashore ,
wrefMa itwr In h f fookoges frtrrr rtaorbg+lrt
dm,Oka'sM Note& Art er mho ditter%wlaionaf
the rrndenrattr kptll piankke. (sea No 8. pep T).
4. After healing. soda bloat (sae Noto t:.) entire hull surface Ito roams coatings and enable
fdunttificatfan of deterioration not visible Linder paint millings.
5. leaped all flsatenings and replace any loose or deterio.reted trimmings, Reps loose or
missing bungs ever fastenings.
6. After mein to deteriorated wood, re-caulk alt seams and. refinish hall airfare to meet
°menrle requirements.
ILTI Ut �iazi:ti'9i'�:
Photo 1. Minitaf of held, %Ate badly
deteriorated engirta in foreground), tenke, end
olhet item (behind), whin h prevented full hull
inapeoliort.
1. Remove all thrth-lulil fittings (see dl and #2
above). Rapine; framing end planking ii►
way of removed Oittli ter., Chrru D,u11H, end
other fittings.
. Sternpoi t and rudder. shrinloge> cracks (pod
and tNerboarci) to be tilled and faired with
payer epoxy conipound and flnislt+ad to
1111 .101. i muter& rt quirczatanla (Milo 5).
lied! interior
4.ad i01Ms0 1rr bilgesfrehtt dew to item
(A de 4), Alftrehfrierjh that, bathing, and es
1Wge elrl#aut opiates middssir!(pvrrerrt
prevented rierniferi Inspeee w: (ter
Phew 3& 4A
Photo 4. Land Idlest from bespeak tq stern •
prevented inspection of frames In bilges.
loixtetned;4rartuo Rpm Nal AtlG2sli'CC•C
Uandltlaa and Anointed of Node 1tep;ie; .
tl
Apt URI
haw .% af 7
p. Remove all ballast, stores, berthing,. and oilier equipment. _Soda
Wart to remove print, dirt, end 'mildew. Aft+^rremovals and rode
btaetarsq, thoroughly inspect ati fra:tulitS.
10. RellnLTYtt CTOW heal partitions and accessories; ratan?. to
•oi ginol" configuration.
11. Shrinitage crooks with ig ttfle tit 9:paragon ol'structure to pert
aiid starboard of atarnpest (only partially . *ex, .giblo (tenni('
generator, NO Phnlo 5). Inspect - oarofully lifter removal of
generator and repair slre rratairotl,
12. Replaoe frrruniig o8 steensury in way of removed machinery,
=most
13. Main dock lttruohwe • om,:ly minor t itrinka a ert'acks noted in beams
and anilines. hhee removal of deteriorated deck planking inspect
for dumaga not e+nrrcttfy ulyiblll,
14. Main deck planking up to 40% with rot anti ether e etenxksaretion
(ace Photo 6). Oak caulking badly deteriorated thrensbent.
Soria htanst *remove rematining paint, dirt, and mildew. iRapti'
any planI Jiig showing signs error, reptuee missing bung,, ea rem
caulk eli deck mum.
15. Forward and. art batik en it ingg have snrlelftdons and spots of rot,
Inapeo5 after mmoving suraminding deck, and repair OR required.
Hu w nape
t fi Port: tie dock (triangular 15' wide 9' tong). planking kr poor
conditicei, all to be removal Inepce:t structure a irler cleaning and
pinking la removed. Repair armature as rooked; roplaoe and
caulk dark pluirking..legation deteriorated bits, knees, and cleats
e$ wdeemi.
17.. I- fair -dank (approx. 21' long 7c.101 Wide forward, 10' wide of stern).
Considerable dirt and Widow on imams, caulinim hanging knees,
and from srtpporting ltali.dee k (see Photo 7). Clean by weds.
blasting.
18, Half-deck plunking In poor condition, all to be removed. ed. Inspect
animate after claming and planking is removed., Repair structure
. Nl9 requital; icplsuu and. caulk deck Oinking,.
t 9, tia1f.deck stanchions end. It:manila to bu inupeetcd rafter multi
hiustintg, iillalr e.S, required (capon half -deck mil has been
replaced).
2[1. Bulwark planking and flaming apparently in hatter condition than
outer Crolusmhtut ships. limped t bulwark frames alter soda.
blasting. Repair as rsectulred.
2t. 1:1irtwirl( oaprails aI :rotted, re3pgue 811 aserighl .
Photo S. f lttfnitusis qua
(stud* beiwiiesn dtemtwst
to lait and frfl i tt frame,
Nieto No% pOrrelribia
dick Itt dre`Lt id rot, Bung&
misskig: Couflttntj
dniistlarut rd,
bitters 7. lldrtt urid heavy
mildew on fames, beams,
end planking bateau halt deck
Dixialaoi) Phallic Report Not 0110a 7ccc
C iu1 lioii rilIgek cineMl of Nor *4 Rti Hare
17 Aw t ioliR
PAgs.t3 of7
Abele a. span
22. Loma- aril masts nod spays Ter inspection.
R.oplaee Aged mainmast (see I'lwte H) orsoriginal.
• 14, inspect: and repair other trash and yards, repair es ezqulrecl.
25, Replace c hufe d Auld dcurforutti l rigging line (e ?facia it).
26, Iron deck eye ringbolts, and t otter rigging Ming.; ,s ate
I<trxwlJy wasted ifs+ lost. Replace as original.
Gummi
27, Provide coups, Itldde rsi ones, and handrails, as necessrey
for HOOEY in arena accessible to the public: to newt applicable
OSJ:lh and ii,ppileable arehittxtund standards, Provide
herders Se prevent public arms LO. FLIEfric,ted errata.
Robe , Eiciewditiaere sit
perautretes.46. OM Win roast,
Photo 9. Main shroud chafed
nearly thraues en deck ayc th i
is alanost completely wean' by
Tog.
averred ntriratt it,Ntk rt i+l{r: iY1C4'..v
S:4mniliun imd iletammar#pf cctied YtnpRir.s
17 21198
Page art
NOTES:
A, Although draftily afloat, the intent is 61 black Maven] asIte as s +tatln display.
This should bat aesompitslsed k the Yeryy near future. 31 the vessel mum to remain afloat
(oat r+ ceinue endcxi), other work in ruldfifion to *bat daaei rIbed above waiuitl he zuglittd
l41116111D tt Is smoldered Impractical in turn this vassal to a eW L 1tOn suitable foe'
rasr`Vine underway.
13. Although generally aitailor, the quality oltcoa attach ou cut Ods-ve ssel appears to be superior to
ills. Pintaaral *Ionia M111111 replicas_ Apparently, es a result, this vessel appears to have
attailleantly Is deterioration theta the other two.
C. Soda blasting is i rabtiveJy iiew and ettclivn method efrenowing paint, tither ousting,
m €ldew, maid, aurra5si*m eta. firearm a v&rim6, r crt`mater�is including *cod and medal withc ut
Muting the underlying substrate, The soda Matting riaediuns is ordinary sodium Walborn*.
(baking ender) which is nontoxic, , act banned to the enviewiment, and easy to clean up.
w Along witlita lirrge amount of lead Wet, egitipr eu , and !stares, the 1000.1h anchor veld ttitaa
hat) to he removed before Wiling work.
E. Any txartractrns aunakleristo bidding on Oho ropat{tkeastoradon ante vessel aro strongly
advised to Oho their c om impaction or tlsn MSC!. The degree ofoumitlxity ditto work
may not be filly upporant firm tlnird'esciiption. Mktg should aloe woollier a31$' Income
for additional work due to hicidwn deterioration.
I I POf('1' fitiklaWITItO wrutOuir PREJUDICE.
DMIN:LAND MARINE* INC,
• •
A C. SIOIYillnl9y�rr • � .
SAMg -A.NI ►ti 1 WA'4 CM'S .
'. ;
Richard L. Fcsensx,l�
A.MS SINI 1AM$, N iS•CMS
City of Corpus Christi
May 30, 2008
Summary notes from Rick Stryker's interview with Dick Frenzel of Dixieland Marine Surveyors
& Consultants
Q: What do you estimate the minimum cost will be to do the repairs and replacements, based
upon current observations, necessary to bring the ships to a safe condition and attractive
appearance for the enjoyment of visitors while blocked ashore?
Pinta: $1 million
Nifia: $700,000
Santa Maria - $1.3 million
Q: How might the City be able to get this work done?
A: Maritime vessels are typically transported to ship yards where there are qualified and trained
shipwrights. There are no shipyards in the Gulf Coast region qualified to work on wooden
vessels of this type. While it might be possible to contract with a shipyard to send a crew down
to do the work, but that option would be extremely expensive if you could find a shipyard willing
to do this.
The long term issue is maintaining the ships in good condition once they are rebuilt. The
environmental conditions in Corpus Christi are such that a minimum crew size to maintain the
ships is probably five or six skilled people. That might be prohibitively expensive. It might be
possible to hire one highly skilled and experienced shipwright as a project supervisor who can
hire and train people with basic skills applicable wooden vessels,
Q: We know that skilled carpenters are paid in the range of $40,000 per year. What would a
skilled shipwright expect to be paid?
A: They would expect about double that in compensation.
Q: What are the imminent hazards for Nifia?
A: Actually the Nina is my greatest concern due to its still being afloat. At some point dry rot
will cause breaches between the hull planking and the ship will begin taking on water and might
even sink. In a storm there is greater danger that the ship might sink. The metal fasteners that
hold the planks to the frame are rusted and might not keep the hull together if it is stressed by the
wave action of even a minimal strength hurricane. If this ship sinks the cost for recovery will be
significant. In addition consideration should be given to removing the masts because they in a
serious state of deterioration. I recommend that Nina be hauled out and stored on dry land
(perhaps Gulf Copper or John Bludworth Shipyard) until it can be rebuilt.
Q: What are the imminent hazards for Santa Maria?
A: The decks and underlying framework of Santa Maria are rotted and no longer safe for access,
In the short term, until reconstruction is completed, it should be closed to on board visitors and
consideration should be given to removing the masts because they can no longer be properly
supported as designed.
Q: What are the imminent hazards for Pinta?
A: Actually Pinta is in better condition than Santa Maria. But the half deck is no longer sound
and pieces of planking are falling down to the main deck where visitors walk.
Q: What are some of other immediate concerns?
A: There are still engines in the ships and they need to be removed to reduce stress on the hulls.
Also there is considerable lead ballast in Nifia and Santa Maria that should be removed as soon
as possible to reduce stress on the hulls.
—156—
6
Can the Columbus ships be used as passenger carrying vessels or as sail training
vessels?
The Columbus ships were built in Spain. The Jones Act does not permit foreign built
vessels to carry passengers.
Nina has never been certified for sail training use although a sail training program was
offered in the 1990's. Especially as a City owned vessel, Coast Guard certification would
be required. Assuming that Nina was in seaworthy condition, certification of the ships
for sail training would require costly physical modifications.
Nitia and Pinta are 98 and 108 ton caravels designed after 15th century vessels. They
were built with a minimum number of modem compromises and were intended to
become dockside exhibits (as static museum pieces). Santa Maria is a 120 ton nao
designed after 15th century vessels built with a minimum number of modern
compromises. It was also intended to become a dockside exhibit. There is a set of three
Columbus ship replicas on static display in Huelva, Spain. Under Spain's stewardship
the Columbus ships were accompanied in open waters by a modern Spanish Navy frigate.
During the 1992.American port to port tour the ships were towed between ports.
Coast Guard standards for sail training vessels are significantly more stringent than they
were when the ships were launched in 1989. Even when the ships were new and fully
provisioned for the Atlantic crossing in 1991, they did not come close to meeting current
sail training standards. In addition to certification of the ships, the crew would have to
meet certification standards for training and experience on traditional sailing vessels.
The typical mariner with a master's or mate's license would not qualify.
Aside from their deteriorating condition, the most frequently encountered issue we face
relative to the seaworthiness of the vessels is moving Nina. The engine drives a single
Shottel thruster through one hydraulic reduction gear, This is precarious for maneuvering
in tight spaces such as the Marina and in conditions involving anything above very light
wind, In contrast, Pride of Baltimore II has twin screw propellers and bow thrusters, A
few of the additional issues that would have to be addressed for the Columbus ships
include measurement against stability criteria designed for traditional sailing vessels,
installation of watertight bulkheads and elimination of cargo hatches.
Tall Ships Down by Daniel S. Parrott details the incidents that led to the rapid
development of regulation for traditional sailing vessels. Perhaps, the most influential
incidents were the sinking of Marques in 1984 resulting in the death of 19 and the sinking
of Pride of Baltimore in 1986 resulting in the death of 4. After the loss of Pride of
Baltimore, the design for Pride of Baltimore 11 was significantly modified to obtain
certification under SOLAS (Safety of Life at Sea), the most widely recognized .
international form of certification for a commercial vessel.
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
AGENDA ITEM:
Discussion and consideration of Charter Amendment Election.
BACKGROUND:
The 2008 -2009 City Council appointed a Charter Review Committee to review and make
recommendations for possible amendments to the City Charter. The commission
completed their work in the Spring of 2009 and submitted a final report to the city council
which included five recommended propositions for amendment. A copy of their final report
is attached. The newly elected council opted to delay further discussion of a Charter
Amendment election until 2010.
On November 17, 2009, the City Council approved changing the city council election date
from the first Saturday in April to the second Saturday in May of odd years. The council
was prohibited from moving to the November election date because of Charter restrictions.
At that same meeting, staff was directed to include a future agenda item to discuss and
consider holding a CharterAmendment election to consider recommendations of the 2008-
2009 Charter Review Committee. Some council discussion was held about the possibility
of moving Council elections to the November election date. Staff was directed to survey
other Texas cities to determine whether they are holding stand alone elections or if they
have changed to the November election date. A copy of that survey is attached.
ISSUES:
The Texas Legislature has set a deadline of December 31, 2010 for cities to make a
decision to move to the November election date. If the City is interested in moving to the
November date, the Charter would have to be amended to allow for such a move at the
November 2, 2010. An election on November 2, 2010 would need to be called in early
August of 2010 and would cost the City approximately $160,000. If there is interest in
moving to a November election date, the Council would need to determine whether a move
to odd or even year elections would be best. In odd years, the election would be held
jointly with the County only if Constitutional issues are on the ballot. There is lower voter
turnout in November of odd years and costs would be higher. While November of even
years would mean higher voter turnout and lower election costs, the ballot would be lengthy
since it would include Federal, State, and County elections as well as CCISD Trustee and
Del Mar College Regent elections. Another possible date for a Charter Amendment
election is May 14, 2011 when regular Council election are currently scheduled to be held.
In addition, the Municipal Court Committee has discussed a possible amendment to the
City Charter to clarify the process for appointment and removal of Municipal Court Judges.
—185—
RECOMMENDATION:
Discuss possible amendments and options for a CharterAmendment election and provide
direction to staff.
Armando Chapa
City Secretary
(361) 826 -3105
armandoc @cctexas.com
Carlos Valdez
City Attorney
(361) 826 -3873
carlosv(c�cctexas. com
Additional Support Material:
Exhibit A - 2008 -2009 Charter Revision Committee Final Report
Exhibit B - Survey of Texas Cities
Attachment "A"
FINAL REPORT
CHARTER REVIEW AD HOC COMMITTEE
2008 -09
Members
Bob White, Chair
Sandra Alvarez
John D. Bell
Mary K. Fant
Bill Kopecky
Leah Olivarri
Bryan Stone
Robert Tamez
Henry Williams
LIST OF PROPOSITIONS AND RECOMMENDATIONS
Proposition 1. Updating the petition requirements for initiative and referendum
and recall elections to comply with State law and make them consistent.
Proposition 2. Increasing the salary of city council members to $12,500 per year and
of the mayor to $18,750 per year and allowing the Mayor and other members of the
City Council or, their families who are eligible to participate in any health and
dental plans offered to city employees if they pay 100% of the premiums for such
plans.
Proposition 3. Changing the term limits on the Mayor and Council members to a
cumulative lifetime maximum limit and disallowing a person to become eligible for
election to a new term limit after not serving one full term.
Proposition 4. Adding a position of City Auditor who shall be appointed by the City
Council.
Proposition 5. Clarifying the provisions concerning leases, franchises and use
privilege agreements to include authorization to enter into license agreements when
a lease or franchise is not applicable and allow multi -year agreements no longer
than five years.
Recommendation 1. Recommending that City Council elections be conducted on the
second Saturday in May, being the statewide uniform election date, so long as such
date does not conflict with Buccaneer days.
Recommendation 2. Recommending that the City Council and City staff carefully
monitor the 68 -cent property tax cap and its impact on the sales of City bonds over
the next six months and consider inclusion of an amendment to the tax cap in the
November election as necessary.
INTRODUCTION
The Charter Review Ad Hoc Committee was appointed by the City Council in
March 2008 and conducted its first meeting on April 7, 2008. Tne first order of business
was to set a public hearing date in order to receive initial public comment on the Charter
and break the document down into different sections in order to schedule each section for
more detailed review.
The Committee conducted a public hearing on May 12, 2008, and received input on
different areas of interest, including increasing City Council compensation, providing for
the appointment of a City Auditor, simplifying referendum and recall petition procedures,
considering a strong mayor form of government, and modifying the system for electing the
City Council. City staff prepared summaries of Charter provisions from numerous other
cities in Texas for comparison purposes.
The Committee focused on the City Council compensation issue and surveyed the
pay and benefits provided to Council members around the state. It also obtained extensive
information on the functions of a City Auditor, and was briefed on the issue by the City's
current independent auditor. Additionally, Chairman Bob White spoke with the City of
Austin's internal City Auditor on the functions of that office for comparison purposes.
The Committee held ten different meetings addressing various provisions of the
Charter and receiving additional public input during the public comment period at each
session. The Committee additionally received briefing materials on each issue including
information on similar Charter provisions of other Texas cities. The Committee's work
concluded with a public hearing on February 2, 2009, after the preliminary version of this
Report was circulated for public review, and a special meeting on February 23, 2009.
The following Final Report is the result of the above meetings, hearings and studies
in which all points of view were considered and the different ways of doing things in other
cities were compared and analyzed. The Committee was not unanimous in all of its votes
on the different propositions, but the Committee agrees that the Final Report represents the
sum of its efforts on behalf of the community in making a careful study of our existing City
Charter and identifying the provisions in need of review and amendment.
Initially, the Committee was appointed with the anticipation that a Charter election
would be called in connection with the April 4, 2009 City Council elections. The
Committee was advised by City staff that the Texas Secretary of State's Election Division
had taken the position that Charter propositions could not be included on the April ballot
until clarifying legislation was adopted in the Texas Legislative Session. As a result, the
next election at which these Propositions could be considered would be November 3, 2009.
—189—
PROPOSED CITY CHARTER AMENDMENTS
Proposition 1. Updating the petition requirements for initiative and referendum
and recall elections to comply with State law and make them consistent.
Summary
Changes in state law require an update to these provisions concerning petitions
filed with the City. The initiative and referendum and recall provisions are clarified to
include "residence" address and the option of providing the signer's date of birth or voter
registration number. Also, in order to provide consistency with other petition
requirements, the recall petition requirements are modified to delete information
identifying the person circulating the petition and requiring an affidavit from the person
circulating the petition to verify he/she witnessed each signature on a given page. The
Committee believes that the Charter provisions should be kept consistent with State law
and that the various petition procedures in the Charter should be standardized in order to
avoid confusion.
Actual Text Amendment
ARTICLE I. HOME RULE GOVERNMENT
Sec. 4. Initiative and Referendum.
(e)
In the event the council fails to take the proposed action within the time
allotted, the city secretary shall furnish to the proponents petition pages for
circulation among the registered voters of the city. Each petition page shall
contain the following:
* * * * *
(2) The printed name, residence address, and date of birth or voter registration
number of each voter signing the petition;
* * * * *
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 19. Power of Recall.
* * * * *
(c) The printed name, residence address, either the date of birth or voter registration
number of each signer, and the date of signing;
(d) The signature of each signer in ink;_aji 0 _
(e) The date of issuance by the city secretary and the name and address of the person
or group to whore the petition was issued.
Proposition 2. Increasing the salary of city council members to $12,500 per year and
of the mayor to $18,750 per year and allowing the Mayor and other members of the
City Council or their families who are eligible to participate in any health and
dental plans offered to city employees if they pay 100% of the premiums for such
plans.
Summary
In 1975, the voters approved a Charter amendment increasing city council
compensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit,
with the mayor receiving an additional $3,000 stipend. In 1987, as part of an overall
reorganization and simplification of the Charter, the voters approved an amendment
setting the council members' compensation at a flat level of $6,000 and the mayor's
compensation at $9,000. As a result, the economic benefit of serving on the city council
has been held at the same basic level since 1975.
The Committee unanimously voted to increase the level of compensation to a total
sum of $12,500 per year for city council members and $18,750 per year for the Mayor.
The Committee also wanted to clarify the issue of health insurance and any other
benefits available to the Mayor and members of the City Council. As part of this
amendment, the Mayor and other members of the City Council or their families would be
eligible to participate in any health or dental plans offered to city employees, provided
they pay 100% of the premium for such plans.
The new salaries and insurance participation provisions would go into effect
immediately after the election and qualification for office of the city council elected in
2011.
Actual Text of Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Article II, City Council, Section 7, Compensation.
(a) Each member of the City Council, with the exception of the Mayor, shall
receive a salary not to exceed twelve thousand five hundred dollars ($12,500.00) during
each year of service on the Council, such sum to be paid in equal installments throughout
the year.
—191—
(b) The Mayor shall receive a salary not to exceed eighteen thousand seven
hundred fifty dollars (S 18,750.00) during each year of service on the council, such sum to
be paid in equal installments throughout the year.
(c) The Mayor and other members of the City Council may participate in any
health or dental plans for which they or their families are eligible; provided that they
must pay 100% of the premiums for such plans.
(d) The provisions of this section shall become effective immediately after the
election and qualification for office of the city council in 2011.
Proposition 3. Changing the term limits on the Mayor and Council members to a
cumulative lifetime maximum limit and disallowing a person to become eligible for
election to a new term limit after not serving one full term.
Summary
Effective 2011, this provision would change the existing term limits of eight (8)
years as a council member or as mayor, and twelve (12) years in any combination, to a
cumulative lifetime maximum limitation. Currently, the Charter sets the term limits on
"consecutive" years, but this amendment would apply the term limits on an absolute
basis.
If a person runs for office, all prior terms served would be counted against the
maximum term limit. A person who had previously met term limits and laid out one full
term or longer would no longer be eligible to be elected to serve again as a council
member or mayor. If a person is appointed to fill a vacancy, then that term would not be
counted toward the term limit maximum.
Actual Text Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 1. Membership and term.
* * * * *
(d) Effective 2011, no person may be elected to serve more than four two -year
terms as a council member, or four two -year terms as mayor, or six two -year terms in
any combination as council member and mayor.
—192—
Proposition 4. Adding a position of City Auditor who shall be appointed by the City
Council.
Summary
The City undergoes an annual audit by an independent auditing firm each year,
and the City Council and City Manager both have the authority under Article II, Section
28 to provide for an internal audit of the accounts of any officer or department. The
Committee received input both from the City's internal financial staff and the current
outside auditor on whether creating a separate position of city auditor would be
duplicative or create any problems.
Adding the position of City Auditor within the Charter would provide systematic
internal auditing controls and reviews for the City. Since the City Manager is responsible
for the overall administration and management of the City, the City Auditor would need
to be appointed by and report directly to the City Council. The adoption of an ordinance
detailing the procedures to be followed and future budget allocations for the City Auditor
will determine the extent and scope of the City Auditor's functions, but establishment of
the position in the City Charter would create the function as part of our City government.
Actual Text Amendment
ARTICLE II. CITY COUNCIL
IN GENERAL
Sec. 29. City Auditor.
(a) The City Council shall appoint a City Auditor. The City Auditor may be
removed only by a majority of the City Council.
(b) The City Auditor shall have such duties, responsibilities, and staff as
determined by ordinance, including the responsibility to conduct, or cause to be
conducted, financial, performance, investigative, and other audits following government
auditing standards as promulgated by the Comptroller General of the United States.
Proposition S. Clarifying the provisions concerning leases, franchises and use
privilege agreements to include authorization to enter into license agreements when
a lease or franchise is not applicable and allow multi -year agreements no longer
than five years.
Summary
The Charter regulates the utilization of public property and authorizes the City
Council to enter into leases and franchises. Leases or franchises for a period of longer
than five years must be adopted at two separftHeadings by the City Council with notice
published in the newspaper. The Charter also authorizes the City Council to delegate to
the City Manager limited authority to enter into short-term leases, easements and use
privileges for various purposes.
Tne proposed amendment would clarify the authority to enter into license
agreements when a lease, franchise or easement is not applicable. A license agreement
authorizes a person to go onto public property for a particular purpose or use, and the
term "use privileges" has been used in the Charter historically for this purpose.
Typically, these types of agreements are classified as license agreements under the law,
so the Charter amendment clarifies and allows the use of both terms.
The proposed amendment also would allow City staff to enter into multi -year
agreements; however, the Charter restrictions on leases or franchises longer than five
years would continue to remain in effect.
Actual Text Amendment
ARTICLE IX. PUBLIC UTILITIES, FRANCHISES AND LEASES
Sec. 1. Inalienability of Public Property.
The control and use of the public streets, sidewalks, alleys, bridges, parks, public
buildings and any other public property of the city is declared to be inalienable by the
city, except by ordinances not in conflict with the provisions of this charter; provided,
however, the council may by ordinance grant, or authorize an officer or employee of the
city to grant, sidetrack or switch privilege easements to common carriers, and daily,
weekly, monthly, annual,. multi -year leases, licenses or use privileges of public streets,
sidewalks, alleys, bridges, parks, public buildings and any other public property, all upon
such terms and with the imposition of such conditions and limitations in such easements
and leases or use privileges as the council may elect. No act or omission by the council or
any officer or agent of the city shall be construed to grant, renew, extend or amend by_ .
estoppel or indirection any right, franchise, lease, easement, license or use permit
affecting said public streets, sidewalks, alleys, bridges, parks, public buildings and any
other public property.
Recommendation 1. Recommending that City Council elections be conducted on the
second Saturday in May, being the statewide uniform election date, so long as such
date does not conflict with Buccaneer days.
Summary
Corpus Christi historically has conducted its City Council elections on the first
Saturday in April. When State law was enacted requiring cities to utilize a uniform
election date on the first Saturday in May, Corpus Christi sought special legislation to
allow it to continue to hold elections on the first Saturday in April in order to avoid
conflicts with Buccaneer Days. The Buccaneer festivities would compete with election
day voting, and the night parade blockades Leopard Street Saturday evening making it
very difficult to utilize City Hall for election returns and processing.
In 2007, the Legislature changed the uniform election date to the second Saturday
in May. Other local jurisdictions continue to utilize the uniform election date, and if the
City were to conduct its election on that date cost savings could result from sharing
election expenses. Additionally, voter turnout could be enhanced by greater publicity for
the uniform election and affording voters the opportunity to participate in all of their local
elections on the same date.
The City Charter already allows the City Council the flexibility of moving the
elections to the uniform election date in May, so no Charter amendment is required. The
Committee simply recommends that the City Council use its existing authority to change
the election date to the second Saturday in May. If in the future State law changes the
uniform election date back to the first Saturday in May conflicting with Buccaneer Days,
the Council still would have the legal ability to move the election back to April.
Recommendation 2. Recommending that the City Council and City staff carefully
monitor the 68 -cent property tax cap and its impact on the sales of City bonds over
the next six months and consider inclusion of an amendment to the tax cap in the
November election as necessary.
Summary
The voters of Corpus Christi passed a 68 -cent cap on property taxes at a
referendum election conducted in 1980. Since that time, the Charter has been amended to
eliminate certain provisions on appraisals included in that referendum that were not
constitutional and provide that debt service for voter - approved bond issues would not be
subject to the limitation.
The Committee received input from the City's Finance Department on the
comments made each year by different municipal bond rating agencies on the financial
impact of the 68 -cent tax cap. Nearly all other cities in Texas are subject only to the limit
set in the Texas Constitution, which is $2.50 per $100 of valuation. Of that limit, a city
may not levy a tax greater than $1.50 per $100 of valuation for debt service obligations,
and the remaining $1.00 per $100 of valuation is the limit for maintenance and operations
purposes.
A major concern is that when the City of Corpus Christi is competing with other
Texas cities in the bond markets issuing bonds for needed projects, Corpus Christi bonds
are less desirable to investors due to the lower tax limit. That distinction could result in
higher borrowing costs for the City for its projects.
—195—
Proponents of the tax cap were vocal in their opposition to any further
amendments to this provision. Based on the successful 2008 bond election, the City will
be issuing additional bonds this year, and the Committee recommends that the City
Council and City staff carefully monitor any impact of the 68 -cent tax cap on the bond
ratings and interest rates obtained by the City in connection with those bond sales. If
negative impacts can be determined, the City Council should consider different options
including repeal of the 68 -cent tax cap or replacement of the tax cap with a different limit
specifically for debt service obligations.
—1 9 6—
Attachment "3"
Survey - Per HB 401, are Texas cities moving election of officers to the November
Uniform Date?
City
Population
Election Date
Move to November Uniform Date
Arlington
371,038
May
No discussion by Council to move to
November.
Amarillo
186,106
May
No discussion by Council to move to
November.
Dallas
1,306,350
May
No discussion by Council to move to
November.
Plano
263,800
May
No discussion by Council to move to
November.
El Paso
624,365
May
No discussion by Council to move to
November.
Ft. Worth
720,250
May
Keep May date.
Grand Praire
168,500
May
No discussion by Council to move to
November.
Laredo
217,506
November (Even)
Council took action in July 2009 to move to
the November Uniform election date.
an Antonio
1,328,984
May
A change to November would require a Charter
Amendment. Because the charter can only be
amended once every two years, the earliest they
can hold a Charter Amendment election is
November 2011; thereby missing the December
2010 deadline.
Mesquite
137,850
May
No discussion by Council to move to
November.
McAllen
130,500
May
No discussion by Council to move to
November.
Midland
103,880
November
(Even & Odd)
N/A
Waco
122,222
May
No discussion by Council to move to
November.
Austin
743,074
May
No discussion by Council to move to
November.
Brownsville
199,062
May
No discussion by Council to move to
November.
Houston
2,208,180
November (Odd!) 9 7 N/A
City
Population
Election Date
Move to November Uniform Date
Irving
212,250
May
No discussion by Council to move to
November.
Lubbock
217,326
May
Keep May date.
Pasadena
157,000
May
No discussion by Council to move to
November.
Carrollton
121,000
May
Keep May date. A move to the November date
would increase their election costs.
Garland
228,450
May
No discussion by Council to move to
November.
Note: According to TML , over 99 percent of cities hold their election of officers in May.
—198—
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 4/27/10
AGENDA ITEM: ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVISED TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #4;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
ISSUE: The City of Corpus Christi and Nueces County Water Control and Improvement District
No. 4 have been in mediation and negotiations regarding their water contract since the water rates
were revised to reflect a cost of service model in August 2008. As a result of the final
negotiations the City and Nueces County Water Control and Improvement District have agreed to
revised water supply contract which includes the following terms and conditions:
Term: The contract becomes effective upon execution and shall continue for a period of thirty
years;
Use and Quantity of Water: The City agrees to allow the District to use treated water for
municipal purposes in the quantity as may be required by the District, but not exceeding total
gallons in a calendar year as reflected in flow requirements for the District based on population
projections provided by the Texas Water Development Board.
Return Flows: Any return flows to local bays and estuaries shall be considered to the benefit of
the City, and may be credited toward the City's obligation under TECQ Agreed Order of April
28, 1995.
Point of Delivery: The City will deliver treated water to the current delivery point at the District's
facility on Mustang Island.
Price of Water: The price charged for treated water will be the published rate for water service
established by City ordinance, including the public agency for resale treated water volume rates
for water delivered through City -owned facilities. The raw water cost adjustment will be
calculated on an annual basis and will be calculated to recover the cost of raw water, required
debt service coverage and reserves, including reserves for capital equipment and acquisition costs
related to new or additional water supplies. Also, the contract sets forth an agreed methodology
for billing or calculation factors to be used in the City's rate model, or altering such methodology
if deemed necessary by the City.
Fixed Minimum Obligation: The district is obligated to purchase and pay for an average of 25
million gallons of treated water each month during the term of this contract.
Alternate Supplies: The District may obtain treated or raw water from other sources, but only to
the extent the alternative water supply exceeds the amount of water the City is obligated to
provide.
—201—
REQUIRED COUNCIL ACTION: Approval of the ordinance authorizing the City Manager to
execute a revised treated water supply contract between the City of Corpus Christi and Nueces
County Water Control and Improvement District No. 4.
PREVIOUS COUNCIL ACTION: Approval of the treated water contract between the City
and the District dated January 5, 1978 and related amendment.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the proposed
contract for the supply of treated water between the City of Corpus Christi and Nueces County
Water Control and Improvement District No. 4.
0/140-v? 7nebit
Oscar R. Martinez
Assistant City Manager
oscarm @cctexas.com
(361)826 -3897
Attachments: Background Memorandum
Authorizing Ordinance
Treated Water Supply Contract between the City of Corpus Christi and Nueces
County Water Control and Improvement District No. 4.
—202—
BACKGROUND INFORMATION
The City of Corpus Christi is the primary water supplier in the Coastal Bend. In addition to selling
retail water to customers inside its city limits, industrial districts, and CCN, the City sells wholesale
raw and treated water to other communities in the region including: Nueces County Water Control
and Improvement District #4 (NCWCID #4), which serves the City of Port Aransas, some areas
within the City of Aransas Pass, and a portion of the City of Corpus Christi on Mustang Island; the
cities of Alice, Beeville, and Mathis; South Texas Water Authority (STWA), which serves rural areas
within Nueces and Kleberg County and the City of Kingsville; Violet Water Supply Corporation;
Texas Parks & Wildlife at Choke Canyon; and San Patricio Municipal Water District (SPMWD),
which is a wholesale water supply district that serves communities and industries in San Patricio and
Aransas counties.
In 1978, the City and NCWCID #4 executed a wholesale treated water contract under which the City
agrees to sell NCWCID#4 treated water at our published water rates. Since the contract was
executed water was sold to NCWCID#4 under at least three different rate categories —
capacity/commodity rate, the public agency for resale rate, and the new resale treated water rate
where the water is delivered to the resale entity through city facilities.
The 1978 agreement is supplemented by a supplemental agreement entitled Exhibit "A" Water
Agreement. This supplemental agreement relates to the funding of the construction and installation of
the additional water transmission, pumping, storage, and other facilities to provide an adequate water
supply to the land and users on Mustang Island.
In 2005, the City undertook a new rate study, conducted by HDR Engineering, to look at its water
rates in order to ensure that costs were being properly allocated between its customer base. Among
the issues were the funding of storm water activities, which had been broadly funded through the
City's water rates, the declining block rate for commercial and industrial customers, and the different
levels of service provided to the public agency wholesale water customers. The rate study resulted in
the adoption of a new utility rate ordinance, which is the subject of this rate appeal. The new rate
structure recovers storm water from inside -city customers only.
—203—
Page 1 of 2
ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED
TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF
CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT #4; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager is authorized to execute a revised treated water supply
contract between the City of Corpus Christi and Nueces County Water Control And
Improvement District #4, a substantial copy of the contract is attached to and
incorporated into this ordinance as Exhibit A.
SECTION 2. 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 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 on this the day of April, 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 13, 2010
R „ Jay R. ping z'
First ,sistant City Attorney
For City Attorney
Joe Adame
Mayor
REVISED NCWCID4 TREATED WATER CONTRACT ORDINANCE 04132010.DOC
—204—
Page 2of2
Corpus Christi, Texas
day of ,2010
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: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
REVISED NCWCID4 TREATED WATER CONTRACT ORDINANCE 04132010.DOC
—205—
TREATED WATER SUPPLY CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI
AND
NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT No. 4
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Contract for the supply of treated water, made as of this day of April, 2010,
by and between the City of Corpus Christi (City "), a Texas home -rule municipal
corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469 -9277, and
acting through its duly authorized City Manager, or the City Manager's designee ( "City
Manager "), which owns a regional water supply system that provides untreated raw
water and treated water to municipal and industrial customers, and Nueces County
Water Control and Improvement District No. 4 ( "District "), a conservation and
reclamation district and political subdivision of the State of Texas, created by the State
of Texas under Article XVI, Section 59, Texas Constitution, and Article 8280 -145,
Vernon's Civil Statutes, whose address is 315 South 9th Street, Port Aransas, Texas
78373, acting by and through its duly authorized representative ( "District's
Representative ").
This Contract amends the treated water contract dated January 5, 1978, between the
parties to this Contract, including the addendum identified as Exhibit A; and is the only
agreement of the parties relating to the sale, delivery, and use of treated water. Any
prior understandings or written or oral agreements between the parties relating to the
sale and use of treated water are superseded by this contract.
The District wants to continue to divert and use treated water for resale for municipal
purposes, and the City desires to continue allowing or otherwise facilitating the delivery
and use of treated water by the District.
In consideration of the above recitals and the mutual promises, covenants, and
agreements in the Contract, and for other good and valuable consideration, the receipt
and sufficiency of which is acknowledged, the parties agree as follows:
1. Term. This Contract becomes effective on May 1, 2010, and continues in force and
effect for a period of thirty (30) years.
2. Use and Quantity of Water.
a. The City agrees to allow the District to use consumptively, treated water for
municipal purposes, and to pay for, in the quantity as may be required by the District,
but not exceeding the total of gallons in a calendar year (January 1 to December 31) set
forth on Exhibit "A" attached hereto and made a part hereof as -if set forth in full, and at
Page 1 of 14
NCWCID #4 - TREATED WATER SUPPLY CONTRACT WITH CORPUS CHRISTI - 04212010.doc
—206 —
Exhibit A
a maximum rate of not more than the daily, monthly and annual flows set forth on said
Exhibit "A ". Exhibit "A" shows flow requirements for the District based on population
projections provided by the Texas Water Development Board. The City and the District
will update Exhibit "A" every ten (10) years, which updated exhibit shall become a part
of this contract the same as if originally made a part thereof. It is the intent of the City to
provide the District with an adequate amount of fresh potable water to allow for the
future growth in the District including those areas of the District that are within the city
limits of the City of Corpus Christi.
b. However, if an emergency situation arises, the City may deliver additional treated
water. The City's Director of Water Operations will determine how long the extra
deliveries will last, the rate at which deliveries will be increased, and whether the
increased deliveries will exceed the maximum annual flow during a calendar year.
Additionally, if an emergency situation arises, the City may reduce the amount of treated
water that it delivers to the District. The City's Director of Water Operations will
determine how long the reduction in deliveries will last, the rate at which deliveries will
be decreased, and advise the District. Any reduction in the delivery will proportionately
reduce the minimum amount of treated water that the District must take and pay for
under this agreement during the calendar year in which the deliveries are decreased.
c. Except as provided in subparagraph 2.b., if the District's projected needs for treated
water are expected to exceed the daily, monthly and /or annual flows as shown on
Exhibit "A ", then in that event, the District will notify the Director of Water Operations of
the District's needs at least 30 days prior to date on which the increased deliveries are
needed. The Director of Water Operations will determine whether there is sufficient
capacity within the system to allow an increased rate of delivery after considering the
City's planned needs and the needs of its other water customers. The Director of Water
Operations will determine whether water can be delivered at an increased rate and the
rate to which deliveries will be increased, and notify the District's Representative of the
decision.
d. The District may request an increase in the amount of treated water delivered in a
year based on the extent of the uncommitted water available. The City will consider the
City's planned needs, the needs of its other water customers, and the needs of other
communities in the region before committing to any increase in the Customer's annual
deliveries. However, the City is under no obligation to authorize an increase in the
annual deliveries. In the event an increase in the annual deliveries is authorized, this
contract must be amended in writing to show the amount of increased deliveries and the
proportionate increase in the minimum amount of treated water the District must take or
pay for.
e. Actual current and projected future deliveries are shown on Exhibit "A" attached to
and incorporated into this Contract.
f. Title to and possession of the treated water passes to the District at the point of
delivery.
Page 2 of 14
NCWCID #4 - TREATED WATER SUPPLY CONTRACT WITH CORPUS CHRISTI - 04212010.doc
_207_
g. Any return flows to the local bays and estuaries inure to the benefit of the City, and
may be credited toward the City's obligations under the TCEQ Agreed Order of April 28,
1995, which amended the operational procedures relating to Special Condition 5.B,
Certificate of Adjudication No. 21 -3214, and the Certificate of Adjudication. The City
recognizes that the District has reuse agreements with customers of the District to sell a
portion of the District's effluent. Notwithstanding anything td the contrary contained
herein, the City and the District agree that this contract does not prohibit the reuse of
effluent by the District. In the event a special condition causes the City to cut back on
the amount of reuse a reuse customer of the City can receive, then, in that event, the
District shall cause its reuse customers to cut back the amount of effluent they receive
proportionately, unless such a cut back would violate any existing reuse agreements it
has. The District agrees that any reuse agreements entered into by the District after the
effective date of this agreement will contain a provision providing for the reduction of the
amount of affluent that can be taken pursuant to the agreement in the event of a special
condition requiring the City to cut back on the amount of effluent a reuse customer can
take.
3. Point of Delivery. The City will deliver the treated water to the existing delivery
point at the District's facility north of the City's fire station adjacent to Mustang Island
State Park, and at any other points the City and District agree to.
4. Measurement of Treated Water.
a. The treated water delivered under this Contract must be measured in U.S. standard
gallons by a suitable water meter or meters to be installed and maintained by the City at
the point of delivery, which shall be accurate within 2 %, either plus or minus. The City's
Director of Water Operations may specify the type of meter or meters to be used and
the installation design of the meter or meters. Checks as to the accuracy of the meter
or meters will be made annually by the Director of Water Operations, at the District's
expense. The City's Director of Water Operations will notify the District's Representative
in writing 10 days in advance of all annual checks and tests in order that the District
may have a representative present as a witness.
(1) If either the City's Director of Water Operations or District's Representative, at
any time, notifies the other that it desires a special test of any meter, the parties
will cooperate in arranging for a special test to be made by the City.
(2) The expense of the special test of the meter or meters will be paid by the
party requesting the test.
(3) If, on any test, the meter tested is found to be inaccurate by an amount
exceeding 2 %, either plus or minus, then any previous readings of the meter will
be corrected for any period of inaccurate measurement, which is definitely known
or agreed upon, but no correction will extend back over a period beginning more
than 30 days prior to the time when the inaccuracy was first made known by
either party to the other.
Page 3 of 14
NCWCID #4 - TREATED WATER SUPPLY CONTRACT WITH CORPUS CHRISTI - 04212010.doc
—208—
(4) If, for any reason, the meter or meters are out of service so that the volume of
treated water delivered cannot be ascertained or computed, the treated water
delivered during the period the meter or meters are out of service will be
estimated by the City's Director of Water Operations, in consultation with the
District's Representative, upon the basis of the best data available.
b. The City will read the meter or meters on or about the last day of each month and
will determine from these readings the amount of treated water delivered to the District.
All meter readings will be made available to the District's Representative during the
City's office hours.
5. Price of Treated Water.
a. The price to be charged for treated water sold by the City to the District is the
published rate for water service established by City ordinance, including the public
agency for resale treated water volume rates for water delivered through City -owned
facilities. The published rate at the origination of this agreement will be calculated
utilizing the format developed by the rate consultant for the City and the rate consultant
used by the District. The rate model is set forth on a disk approved by the City Manager
for the City and the District Manager for the District, and is attached hereto as Exhibit
"B" and made a part hereof as if set forth in full. The rate model is a full cost of service
rate model and is the same model used and approved by the parties to this contract for
the 2009 -2010 fiscal year for the City. The raw water cost adjustment ( "RWCA ") will be
calculated on an annual basis, and determined by dividing budgeted costs of raw water
and required debt service coverage and reserves, including, but not limited to, reserves
for capital equipment repairs and replacement and for acquisition related to new or
additional water supplies, by the projected sales of the system. The RWCA will be
adjusted on a yearly basis to account for differences in volumes used in the prior
calculation and the actual volume of water sales for that year, and for difference in
budget to actual costs. Changes in the raw water cost adjustment will be calculated
automatically and billed to the District and all other raw water customers in a consistent
and uniform manner by the City.
City and the District agree that City shall have the right to change its method of billing or
the rate model set forth on Exhibit "B ", but only if the new rate model adheres to the
general principles underlying the methodology previously agreed to by both parties for
calculating Wholesale Water Rates, and in particular the calculation of Wholesale Water
Rates shall incorporate the following principles:
• Calculated using the cash basis of revenue requirement determination;
• Industry standards, as promulgated by the American Water Works Association
( "AWWA ") and codified in the AWWA M1 Manual, will be used in calculating rates;
• No costs associated with the City's storm water utility will be included in the
Wholesale Water Rate and recovered from the District, including any funds
needed to meet storm water debt service coverage requirements;
Page 4 of 14
NCWCID #4 - TREATED WATER SUPPLY CONTRACT WITH CORPUS CHRISTI - 04212010.doc
—209—
• The City will be permitted to establish and maintain an operating reserve with a
target amount of 25% (i.e., 3 months) of annual operating expense for the fiscal
year of rate determination;
• The City will be permitted to establish and maintain a capital replacement reserve
for the water utility equivalent to 2% of the current Capital Improvements Program;
• The City will be permitted to recover sufficient funds within the rates to generate
debt service coverage equal to 1.35 times the then current annual debt service
requirement;
• Water Toss at the individual service function levels (i.e., raw, treatment, network,
distribution, etc.) will be recognized in calculating rates, and the District will not be
charged for any water loss attributable to customers taking service at the
distribution level;
• Debt service and debt service coverage will be recognized and calculated at the
individual water utility service function levels (i.e., raw, treatment, network,
distribution, etc.);
• To calculate the billing determinant volumes to be used in the calculation of
wholesale water rates, the City will use a three -year average of billed water
consumption per connection, adjusted for known and measureable changes,
applied to the anticipated number of connections for the fiscal year, and,
• To determine system loss for rate calculation purposes, the City will use a three -
year rolling average of actual loss on the city's distribution system to calculate loss
from the distribution system. 0.5 %, 2.0 %, and 1.5% will be used for diversion
loss, treatment loss, and network loss, respectively, until such time as the City
develops sufficient data to quantify the actual losses experienced at these
functional levels.
b. The actual methods for computing the untreated raw water cost adjustment is
established in a written policy filed with the City Secretary. A copy of the current policy
is attached as Exhibit "C ". The City's Director of Water Operations will provide the
District's Representative with a copy of any modifications to the policy, which will then
be attached to this Contract as the new Exhibit "D ".
c. When the City intends to change the rate, the City shall give the District notice of the
proposed change, and any information necessary to evaluate the proposed rate thirty
(30) days before the change is to take effect. The District shall give good faith
consideration to the proposed new rate and shall attempt to provide the City with its
comments on the proposed change not later than fifteen (15) days before the proposed
change is to take effect. The City shall give good faith consideration to the District's
comments, and may institute the new rate on the date the change is scheduled to take
effect.
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6. Fixed Minimum Obligation.
a. The District is obligated to purchase, and pay for, an average of 25 million gallons of
treated water in each billing month calculated on a calendar year (January 1 to
December 31) during the term of this Contract or any renewal or extension of this
Contract, regardless of the amount of treated water used.
b. If the payment due the City from the District for treated water withdrawn during the
billing period under consideration exceeds the minimum, then payment must be made
for the amount of water billed by the City to the District.
c. If the payment which would be due on the basis of treated water delivery is Tess than
the minimum, then the said minimum is nevertheless the amount due. This minimum
amount is intended to cover the cost of meter readings, testing, billing, construction and
operation of the water treatment and transmission systems, and other costs, which will
continue whether any treated water is withdrawn by the District.
d. The District shall not be responsible for payment of the fixed minimum in any billing
month caused by an act or acts of God, unavoidable accident, acts of enemies, strikes,
fires, floods, vandalism, conservation of water, scheduled maintenance of the District's
transmission system, or by the City's inability to provide the water needed by the
District. In the event the District is responsible for the minimum payment provided for
herein and is not able to take the minimum amount of treated water due to an act or
acts of God, unavoidable accident, acts of enemies, strikes, fires, floods, vandalism,
conservation of water, scheduled maintenance of the District's transmission system, or
by the City's inability to provide the water needed by the District, then, in that event, the
minimum payment will be prorated for the month in which one or more of these events
occurs for the number of days that the District cannot take the minimum amount of
treated water from City, and the District will pay the fixed minimum on the remainder of
the days of the month.
e. Notwithstanding anything to the contrary contained herein, minimum costs shall
include the cost of the treated water as well as the raw water cost adjustment referred to
hereinabove.
7. Billing.
a. All treated water taken in any one calendar month will be billed between the first and
tenth of the next succeeding calendar month, and the District will pay the bill within 10
days of the receipt of the bill. Any clerical error in the bill or question regarding the bill is
not sufficient grounds to delay payment by the District to the City. Any questions will be
properly settled under the terms of this Contract and by the agreement of both parties.
Any adjustments in the amount paid as a result of the agreement will be added to or
deducted from the following month's bill.
b. Any failure by the District to pay the monthly billing within 90 days after the. billing
date is a "default" under Section 14 of this Contract. In the event it becomes necessary
to collect the charges, through any Court procedure, the City is entitled to also recover
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reasonable attorney's fees. If the District fails to pay its water bills, the City may require
the payment in advance of each monthly water bill based on the District's previous bill
plus a deposit, as a condition to furnishing treated water to the District.
8. Restrictions on Resale.
a. It is understood that the District contemplates selling the treated water obtained
under this contract to its customers, some of whom will sub -meter or resell the water to
others. The District agrees that it will not sell water to future customers unless they
comply with the District's Utility Water and Sewer Service Agreements. The City agrees
that it cannot provide treated or raw water to customers located within area described in
the District's Certificates of Convenience and Necessity without the express written
consent of the District.
b. The District agrees to bind its future customers and its existing customers upon
contract renewals to the terms of this contract and to request its existing customers to
honor all conditions of this contract until their contract with the District is renewed. All
resale agreements, both future and existing, shall ensure that the provisions of Section
11 of this contract, Water Conservation and Drought Contingency Measures, are
included in the resale contracts.
9. Alternative Supplies. Nothing in this Contract prohibits the District from obtaining
treated water from San Patricio Municipal Water District or from developing alternative
supplies of treated or raw water but only to the extent that the alternative supply
exceeds the amount of water that the City is obligated to provide under this agreement.
10. Water Rights. It is mutually agreed and understood that Lake Corpus Christi and
Choke Canyon Reservoir waters, any currently developed ground water, water acquired
by the City from the Lavaca - Navidad River Authority, water rights obtained from the
Garwood Irrigation Company, and other future waters, whether surface waters or
ground waters, obtained by the City, which are not under Contract to others, and which
are owned by the City, may be used to supply water during the time this Contract
remains in force. Further, that this Contract is subject to the City's responsibility and
obligation to provide water to municipal and industrial consumers within the Corpus
Christi city limits and other municipal and industrial consumers outside its city limits.
Subject to Section 11, Water Conservation and Drought Contingency Measures, the
City binds and obligates itself, however, to take the necessary actions within its power
and to make the necessary applications to obtain whatever additional water rights as
may be necessary to adequately meet the needs of its existing contracts, this Contract,
and any future contractual obligations of the City. It is also mutually agreed and
understood that this Contract is subject to the jurisdiction of the Texas Commission on
Environmental Quality ( "TCEQ "), any successor agency, or any other regulatory
authority that may have jurisdiction over the matters. The District agrees to support any
future City requests to the TCEQ or other regulatory authorities for permission to
acquire water rights or provide water to the District and other customers.
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11. Water Conservation and Drought Contingency Measures.
a. The District acknowledges the terms of the TCEQ Agreed Order of April 28, 1995,
which amended the operational procedures relating to Special Condition 5.B, Certificate
of Adjudication No. 21 -3214, and the City's responsibilities under both the Agreed Order
and the Certificate of Adjudication. The District recognizes that the Agreed Order and
Certificate of Adjudication may be amended in the future. The agreed order requires
the City to provide in any future contracts or any amendments, modifications, or
changes to existing contracts the condition that all wholesale customers and any
subsequent wholesale customers must develop and have in effect a water conservation
and drought management plan consistent with the City plan as required by the TCEQ
rule. Therefore, the District agrees that during the term of this contract, it shall have in
effect a water conservation and drought management plan consistent with the City's
plan, including any changes adopted by the City. The District also agrees to bind future
customers and its existing customers upon contract renewals to develop and have in
effect a water conservation and drought management plan consistent with the City plan.
b. If the City implements any measures under it Water Conservation and Drought
Contingency Plan, adopted under Section 55 -156 of the Code of Ordinances for the City
of Corpus Christi, the District shall within 30 days of notice of any changes to the plan or
the implementation of any restrictions, surcharges, or rationing by the City, impose
similar restrictions, surcharges, or rationing measures on its customers. Any contract
for the resale of water furnished by the District shall contain a similar condition. If for
whatever reason the District, or its customer, is unable or unwilling to impose the
required restrictions, surcharges, or rationing measures within the required time period,
the District, or its customer, shall reduce its consumption of water from the system as
follows:
(1) During Condition I -- Water Shortage Possibility, deliveries from the system
shall be reduced by 10% from the average deliveries for the same month of the
year over the previous three years.
(2) During Condition II -- Water Shortage Watch, deliveries from the system shall
be reduced by 20% from the average deliveries for the same month of the year
over the previous three years.
(3) During Condition III -- Water Shortage Warning, deliveries from the system
shall be reduced by 30% from the average deliveries for the same month of the
year over the previous three years.
(4) During Condition IV -- Water Shortage Emergency, deliveries from the system
shall be reduced by 60% from the average deliveries for the same month of the
year over the previous three years.
c. If for whatever reason the District, or its customer, is unable or unwilling to impose
the required restrictions, surcharges, or rationing measures within the required time
period, but relies upon other sources of water for all or a portion of its water
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requirements, the District, or its customer, agrees not to request an increase in the
amount of water being diverted from the system should the District's, or its customer's,
other source(s) of water fail to continue to yield the amounts of water anticipated.
d. To the extent that the TCEQ or other regulatory agency requires rationing of water in
a manner stricter than that imposed by the City, the District will comply with the stricter
method of rationing water.
e. The District shall furnish a copy of any ordinances, orders, or rules adopted by it or
its customers that is adopted to implement the required restrictions, surcharges, or
rationing measures within the applicable jurisdiction. If for whatever reason the District,
or its customer, is unable or unwilling to impose the required restrictions, surcharges, or
rationing measures, the City may audit the records of the District to ensure that the
District or its customer has reduced its deliveries by the amount required by this
paragraph, and upon determining that either the District or its customers have not
reduced that amount of water taken, the City may unilaterally implement reduced water
deliveries as specified in Section 11.b. of this Contract.
f. The failure of the District to comply with this Section of the Contract is a "default"
under Section 15 of this Contract.
12. Corpus Christi's and District's Right to Sell.
a. The City retains the right to sell treated water at points and to customers that are
located either within or outside of the boundaries of the District on Mustang and Padre
Islands that are south of the delivery point, consistent with applicable law.
b. The District retains the right to sell treated water at points and to customers that are
located either within or outside of the boundaries of the City on Mustang Island and all
other customers that are north of the delivery point, consistent with applicable law.
c. The District shall maintain, operate, and repair the portions of the water mains and
related facilities constructed by the District that are north of the delivery point.
d. The City shall maintain, operate, repair and upgrade as needed those portions of the
water mains and related facilities constructed by the either the District or the City that
are south of the delivery point in order to insure that the City can continue to provide an
adequate supply of water to the District. In conjunction with its operation and
maintenance of the water mains south of the delivery point, the City shall furnish a fresh
supply of potable water to the District using its water supply transmission infrastructure
located on Padre and Mustang Island.
e. City and District agree that the price of water billed to the District will not include any
costs or charges for the collection and transmission of storm water within the city limits
of the City of Corpus Christi. Provided however, that the City reserves the right to
charge a storm water fee in the future to those customers of the District whose
properties are located within the city limits of the City.
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13. Force Majeure. If the City or District is prevented, wholly or in part, from fulfilling
its obligations under this Contract by reason of any act of God, unavoidable accident,
acts of enemies, strikes, fires, floods, rationing, governmental restraint or regulation,
other causes of force majeure, or by reason of circumstances reasonably beyond its
control, then the obligations of City or District, as provided in this Contract, are
temporarily suspended during continuation of the force majeure. No damage is
recoverable by the District from City by reason of the temporary suspension of delivery
of water due to any of the causes above mentioned. If the City's obligation is affected
by any of the causes, the City will promptly notify the District's Representative in writing,
giving full particulars of the force majeure as soon as possible after the occurrence of
the cause or causes relied upon.
14. Resolution of Rate Disputes. In the event of any dispute as to the rates being
charged, the City and the District agree that the dispute will be appealed to the TCEQ,
under applicable TCEQ rules, to the extent that the TCEQ has jurisdiction over the
issue. The City and the District agree to cooperate to satisfy any jurisdictional
requirements that the TCEQ may require for it to determine the rate. In the event that
the TCEQ or another dispute resolution agency of the State of Texas fails or refuses to
hear an appeal of the wholesale water rate charged by the City, then, in that event, the
District can contest the proposed wholesale water rate in the appropriate court in
Nueces County, Texas.
15. Remedies Upon Default.
a. If either party determines that the other party is in default under this Contract, the
party claiming default by the other party shall give written notice to the other party,
which states specifically the nature of the default and the remedy for the default that the
party intends to seek. The notice must be mailed to the defaulting party at the address
provided in Section 18 of this Contract. The defaulting party has or will have ninety (90)
days in which to cure the default, or if the default cannot be reasonably cured within the
ninety (90) day period, the defaulting party shall use reasonable efforts to undertake to
cure the default within the ninety (90) day period. If the defaulting party does not cure
the default and reimburse the party not in default for any and all costs incurred as a
result of the breach within ninety (90) days, or if the default cannot be reasonably cured
within the ninety (90) day period, if the defaulting party does not use reasonable efforts
to undertake to cure the default and reimburse the party not in default for any and all
costs incurred as a result of the breach within the ninety (90) day period, the party
claiming default may seek any remedy available at law or equity, including an action in
mandamus or for specific performance.
b. No waiver of any breach or default by any party or of performance may be deemed a
waiver in the future, nor may any waiver be deemed or construed to be waiver of
subsequent breach or default of any kind, character, or description, under any
circumstances.
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c. However, the right to cure a default may not prevent the City from enforcing Section
11 of this Contract if the City has imposed water conservation measures upon its
residents.
16. Assignment. This Contract may not be assigned by the District without the prior
written consent of the governing body of the City, which consent will not be
unreasonably withheld.
17. Authority to Execute. Both parties represent that the individual signing this
Contract on behalf of each of the parties has been duly authorized to execute this
Contract by proper ordinance or resolution of its governing body (e.g., the City's City
Council and the District's Board of Directors), and certified copies of the authorizations
have been provided to the other party for attachment to this Contract. The City's
authorization shall be Exhibit "E ", and the District's authorization shall be Exhibit "F ".
18. Notices and Addresses. Any notice, communication, or statement required to be
given pursuant to this Contract will be in writing and deemed to have been received
when delivered in person or three (3) days after mailing if sent by certified mail, postage
prepaid, return receipt requested, to the address of the respective party indicated below:
City of Corpus Christi Water Department
Attn.: Director of Water Operations
2426 Holly Road
Corpus Christi, Texas 78415
Phone: (361) 826 -1689
Fax: (361) 826 -4326
Nueces County Water Control and Improvement District No. 4
Attn.: District Manager
315 South 9th Street
Port Aransas, Texas 78373
Phone: (361) 643 -6521
Fax: (361) 643 -9093
19. Regulatory Agencies. The District and City agree that the effectiveness of this
Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance
with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297,
Subchapter J., and any amendments thereto.
20. Periodic Review of Contract Provisions.
(a) The District and City shall review the terms of this Contract whenever a change in
circumstances may require an amendment, but shall review the Contract at least every
five (5) years to determine whether any changes should be made.
(b) The review of the Contract will include use of a cost of service study based on the
generally accepted principles for rate setting, recognizing that the cost of raw water
adjustment used in this Contract was specifically tailored on a cash basis, with use of a
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depreciation factor for major capital expenditures not made with borrowed funds. It
does not include a rate of return normally used in a utility basis system. The American
Water Works Association's "Water Rates" (M -1) publication will be used as a reference
in this review. The review will be used to ensure that all water customers do not pay
less or more than their proportional share of costs based upon total raw water sales,
and that public agency for resale customers taking water delivered through City -owned
facilities do not pay less than their proportional share of costs based upon sales of
treated water delivered through City network facilities, and to ensure the District does
not pay more than a just and reasonable rate for the water diverted. Notwithstanding
anything to the contrary contained herein, any change in methodology must be
approved by the District.
21. Severability. In case any one or more provisions contained in this Contract is for
any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity,
illegality, or unenforceability does not affect any other provision of this Contract, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never
been contained in this Contract.
22. Captions. All titles of the sections of this Contract have been inserted for
convenience of reference only and are not considered a part of this Contract and in no
way will they affect the interpretation of any provisions of this Contract.
23. Modifications. Any amendments, or alternative or supplementary agreements, to
this Contract must be made in writing and duly executed by an authorized
representative or agent of each of the parties to this Contract.
24. Parties at Interest. This Contract is for the sole and exclusive benefit of the
parties, and shall never be construed to confer any benefit on any third party. This
Contract will be binding upon and inure to the benefit of the parties and their respective
successors and assigns where permitted by this Contract.
25. Texas Law to Apply. This Contract will be construed under and in accordance
with the laws of the State of Texas.
26. Venue. Any action or proceedings relating to this Contract must be taken in
Nueces County, Texas. The parties agree that the courts in Nueces County, Texas,
shall have exclusive jurisdiction over this agreement.
27. Prior Agreements Superseded. This Contract constitutes the sole and only
agreement of the parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
28. All Agreements Contained in this Written Instrument. This Contract represents
the entire agreement between the District and City and supersedes all prior
negotiations, representations, or agreements either oral or written.
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The parties have executed this Contract in multiple counterparts, each executed copy
shall be considered as an original, by their respective duly authorized representatives,
this day of , 2010 and is effective on May 1, 2010.
THE "DISTRICT"
ATTEST NUECES COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT No. 4
By: By:
Denise Fox Mark Young
Finance Director District Manager
APPROVED this day of April, 2010.
Charles W. Zahn, Jr.
District's Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of April 2010, by Mark
Young, District Manager, Nueces County Water Control and Improvement District No.4,
a political subdivision of the State of Texas, on behalf of the district.
NOTARY PUBLIC — STATE OF TEXAS
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THE "CITY"
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
APPROVED: day of April, 2010.
R. Jay Reining
First Assistant City Attorney
For City Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of April, 2010, by 'Angel
R. Escobar, City Manager, City of Corpus Christi, on behalf of the municipal corporation.
NOTARY PUBLIC — STATE OF TEXAS
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Exhibit A
Year
MAXIMUM VOLUMES MAXIMUM DRAFT RATES
Monthly Max
(MG)
Annual Max.
(MG)
Gallons / Hour
(x 1000)
Daily
(MG /D)
2010 -14
131
1168
191
4.22
2015 -19
164
1450
240
5.31
2020 -24
193
1703
284
6.28
2025 -29
221
1949
327
7.23
2030 -34
249
2190
369
8.15
2035 -40
277
2431
411
9.08
These volumes are base on the 2009 Nueces County Water Control and Improvement
District Water and Wastewater Facilities Master Plan using population projections
established by the Texas Water Development Board. The District will periodically revise
these projected volumes and draft rates as deemed necessary for the City to plan and
improve existing infrastructure.
21
AGENDA MEMORANDUM
April 27, 2010
SUBJECT: Packery Channel Monitoring — 2010 -2011
(Project No. 5228)
AGENDA ITEM:
A. Ordinance appropriating $325,517.00 of the Unappropriated Fund Balance in the
Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2010 - 2011;
Changing the FY2009 -2010 Operating Budget adopted by Ordinance No. 027776 to
increase appropriations by $325,517.00; and declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to
the contract between the City and Texas A &M University — Corpus Christi (Division of
Nearshore Research) in the amount of $325,517.00 for a restated not to exceed
amount fee of $929,639.00 for Packery Channel Quarterly Monitoring for 2010 -2011.
ISSUE:
The survey monitoring:
• is a requirement of the agreement between the City of Corpus Christi and U.S. Corps of
Engineers;
• is necessary to document the natural forces influencing the channel; and
• will allow the City to more clearly understand the dynamics of the channel, project
maintenance needs, and manage Trust Fund proceeds.
FUNDING: Funding is available from the FY2009 -2010 Operating Budget upon
appropriation.
RECOMMENDATION: Approval of the ordinance and motion as presented.
Pete Anaya, P.E.
Director - Engineering Services
826 -3781
Peteancctexas.com
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Contract Summary
Exhibit C. Location Map
H: \HOME \KEVINS\GEN \PACKERY\ Monitoring \DNRAwdAmd4r ern .doc
ADDITIONAL INFORMATION
SUBJECT: Packery Channel Monitoring — Project No. 5228
CONTRACT: The monitoring effort to be undertaken through Contract Amendment No. ,e0
is a continuation of a comprehensive study of change in channel depth, shoaling, scour,
shoreline position and beach volume at Packery Channel. This study began in 2003 under
sponsorship of the U.S. Army Corps of Engineers, Galveston District and was continued
under the sponsorship of the City of Corpus Christi. The Division of Nearshore Research
(DNR) at Texas A &M University Corpus Christi continues to lead these investigations.
The monitoring program includes the collection of bathymetric data in Packery Channel
and the surrounding nearshore, measurement of elevation along the adjacent beach and
bayside channel (shoreline position), and elevation measurements across the Mollie
Beattie Coastal Habitat Community. The monitoring program also includes measurement
of current velocity in the channel that is presently sponsored by the USACE, Coastal
Hydraulics Laboratory.
A contract summary is attached. See Exhibit B.
BACKGROUND: Packery Channel is a U.S. Corps of Engineer project with City of Corpus
Christi participation. The Division of Nearshore Research of Texas A &M University made a
presentation to Council on January 8, 2008 titled "Packery Channel Status 2007 - Results
from a Monitoring Program ".
That study recommended the following activities be continued:
• Hydrograph Monitoring (quarterly);
• Beach Profile and Shoreline Position Surveys (quarterly); and
• Monitoring of Water Current Speed in the Channel.
PRIOR COUNCIL ACTIONS:
City Council actions have been numerous concerning the Packery Channel Project;
however, several of the major actions are as follows:
• March 2000 — The City becomes local sponsor.
• April 7, 2001 - City Council places tax - incremental financing issue on the ballot and the
voters approve creation of a tax - incremental financing district.
• February 14, 2003 — City Council and the Texas General Land Office approve a Project
Cooperation Agreement that provides a grant of $1,275,000 to the City for the project.
• April 13, 2004 — Resolution of the City Council of the City of Corpus Christi authorizing
an application to the Texas Parks and Wildlife Department for assistance in funding a
boat launching facility on Packery Channel, declaring the City eligible for such
assistance, authorizing the City to be the local sponsor of the project, and directing and
authorizing the City Manager to file the application and to execute all documents
pertaining thereto. (Resolution No. 025701)
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EXHIBIT A
Page 1 of 2
• July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute
Ratification of Amendment No. 1 to the Contract for Professional Services with URS
Corporation of Houston, Texas in the amount of $15,239.20, for a total restated fee of
$40,161.64, for the Packery Channel Boat Ramp Project. (Motion No. 2004 -267)
• March 8, 2005:
A. Motion authorizing the City Manager or his designee to accept a Texas Parks and
Wildlife Department Grant in the amount of $500,000 for the Packery Channel Boat
Ramp and execute grant acceptance documents. (Motion No. 2005 -082)
B. Ordinance appropriating $500,000 from a Texas Parks and Wildlife Department
grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp;
amending the Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $500,000. (Ordinance No. 026165)
C. Motion authorizing the City Manager, or his designee, to increase the escrow with
the U.S. Army Corps of Engineers in the amount of $508,000 for the Packery
Channel Project for the construction of the Packery Channel Boat Ramp. (Motion
No. 2005 -083)
• February 26, 2008
A. Ordinance Appropriating $241,487.00 of Unappropriated Fund Balance in the
Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-
2009; Changing The FY2007 -2008 Operating Budget Adopted by Ordinance No.
027352 to increase Appropriations by $241,487.00; and declaring an emergency.
(Ordinance No. 027603)
B. Motion authorizing the City Manager, or his designee, to execute a contract between
the City and Texas A &M University — Corpus Christi not to exceed $241,487.00 for
Packery Channel Quarterly Monitoring for 2008 -2009. (Motion No. 2008 -052)
• January 13, 2009
A. Ordinance appropriating $61,715.00 of the Unappropriated Fund Balance in the
Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-
2009; Changing the FY2007 -2008 Operating Budget adopted by Ordinance No.
027352 to increase appropriations by $61,715.00; and declaring an emergency.
(Ordinance No. 028015)
B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2
to the contract between the City and Texas A &M University — Corpus Christi for
Packery Channel Quarterly Monitoring for 2008 -2009 in the amount of $61,715.00
for a restated not to exceed amount fee of $314,222.00. (Motion No. 2009 -007)
• April 14, 2009
A. Ordinance appropriating $299,900.00 of the Unappropriated Fund Balance in the
Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-
2009; Changing the FY2008 -2009 Operating Budget adopted by Ordinance No.
027776 to increase appropriations by $299,900.00; and declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3
to the contract between the City and Texas A &M University — Corpus Christi
(Division of Nearshore Research) in the amount of $299,900.00 for a restated not to
exceed amount fee of $614,122.00 for Packery Channel Quarterly Monitoring for
2009 -2010.
H:\HOME\KEVINS \GEN \PACKERY\ MONITORING \DNRAMD4AWDBKGEXHA.DOC
—225—
EXHIBIT A
Page 2 of 2
CONTRACT SUMMARY
II. SCOPE OF SERVICES A. TASKS:
DNR will continue to conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline
position and beach volume at Packery Channel. The monitoring program will include the collection of bathymetric
data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and
bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat
Community. The monitoring program will include measurement of current velocity in the channel that is presently
sponsored by the USACE, Coastal Hydraulics Laboratory and Coastal Inlets Research Program.
Specific tasks to be undertaken are set out as follows:
Task 1. Project Management
1 -1. Project Management, analysis reporting, technical support and data archive.
1 -2. Aerial Photography
Description: Acquisition of annual rectified aerial photographs of the Packery Channel region including the entire
channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south
end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of
change relative to key features and as a reference for overlay of data and terrain models.
Purpose: For interpretation of large -scale changes in vegetation, dune line, and inter -tidal regions adjacent to the
inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are
appropriate for visuals and explanation aids to residents and laypersons.
Schedule: Annual (August/September 2010) pending weather conditions and one event as needed.
Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island.
2 -1. Beach Profile surveys
Description: The beach profile survey provides information on changes occurring at 18 specified locations from
the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995.
Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting
feature (seawall) and extend offshore up to one mile into the Gulf of Mexico.
Purpose: To document changes in features such as the beach berm crest, sand bars and dune crest as shown in
Figure 1. The data are applied to calculate volumetric change along historically surveyed areas of the beach, to
identify trends or changes in the shape and width of the beach, and to verify shoreline position data.
Schedule: One annual survey conducted during August 2010.
2 -2. Shoreline Position surveys
Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water
line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish
Pass.
Purpose: These surveys are an efficient and low -cost way to measure changes in the width of the dry beach over
a large region. Within a few days, a large section of the beach can be measured to determine changes in
shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots"
can be identified. Figure 2 shows the shoreline position measured from prior to construction in August 2003 to
January 2010 (winter survey). Monitoring the seasonal position of the shoreline will assist in management of
beach vehicular access south of the inlet and addresses persistent regions of shoreline recession identified
fronting the North Padre Island Seawall and Whitecap Blvd.
Schedule: Tentative survey schedule: September 2010, January 2011 and June 2011.
2 -3. Surveys of channel and nearshore depth and morphology (bottom features)
Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high
resolution of features more economically.
Purpose: to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel,
nearshore and around structures as shown in Figure 3 and 4. This data may be applied to calculate volumetric
change in the channel that can be applied to estimate the volume of sand available for a future dredge cycle. The
data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation
-226-
Exhibit B
Page 1 of 2
of sand Toss or gain on the beach, for nourishment projects and to identify potential regions of shoaling which
could limit navigation. A primary application of this data is to assist with determining potential scheduling of
dredge cycles.
Schedule: Tentative survey schedule: September 2010, January 2010, and June 2011.
2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community
Description: Measure elevation along transects (survey lines) roughly perpendicular to channel orientation
starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then
extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as
coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore
of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Figure 5 shows
the location of transects in the study area and the region of greatest change in bank position.
Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC. Analysis
of these survey data sets provide quantification of change in primary and upper bank width along MBCHC.
Schedule: Tentative survey schedule: September 2010, January 2011, and June 2011. Additional surveys may
be required if surveys indicate that the rate of change increases during the study period
2 -5. Event and Environmental Assessment
Description: Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with
the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment.
Monitoring efforts include but are not limited to those Tasks outlined in this proposal.
Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as
the MBCHC without time restrictions associated with amendments.
Schedule: TBD
Deliverables:
• ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205
• Email status report (monthly or as updates are available)
• Status Reports (post - survey quarterly reports)
Fee Summary:
Contract
Fee
Original Contract
$241,487.00
Amendment No. 1
$11,020.00
Amendment No. 2
$61,715.00
Amendment No. 3
299,900.00
Amendment No. 4
325,517.00
Total
$939,639.00
The fee for each Task for Amendment No. 3 is estimated to be:
-227-
Exhibit B
Page 2 of 2
Tasks
Fee
1.1
Project Management
50,000
1.2
Aerial Photography
18,156
2.1
Beach Profile Studies
36,623
2.2
Shoreline Position Studies
23,268
2.3
Suveys
95,779
2.4
Inland Waterway and Mollie Beattie Focus Study
38,779
2.5
Storm Damage Assessment
62,912
$325,517
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Exhibit B
Page 2 of 2
File : \ Mproject \councilexhibits \exh5228.dwg
TO CORPUS CHRISTI
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EXHIBIT "C"
PACKERY CHANNEL
MONITORING - 2010 -2011
-228-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGEI oft
DATE: 04 -27 -2010
- —
Page 1 of 1
ORDINANCE
APPROPRIATING $325,517.00 OF THE UNAPPROPRIATED FUND BALANCE IN
THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR PACKERY CHANNEL
MONITORING FOR 2010 -2011; CHANGING THE FY 2009 -2010 OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE
APPROPRIATIONS BY $325,517.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $325,517.00 of the unappropriated fund balance in the Reinvestment
Zone No. 2 Fund 1111 is appropriated for Packery Channel Monitoring for 2010 -2011;
changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to
increase appropriations by $325,517.00.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2010.
ATTEST:
Armando Chapa
City Secretary
Approved: April 21, 2010
Lisa Aguit f, Assistant City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
Day of , 2010
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: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
11
Brief History
• •
and habitat
- Management of beach, channe
•What We Have Learned
- How sand enters the channe
and event driven change
- Seasona
Summary of Packery Facts
.
Success to Date
.
Change is
Seasonal
Entrance Channel
08 Feb 07 29 Aug 07
Winter — Scour Dominates Summer — Shoals Build
Shoreline Position
Nearly Symmetric Adjacent to Inlet
Strong net direction of transport Nearly symmetric response =
(to north) produces large offset nearly balanced transport
Mansfield Pass Jan 05 (Lanmon) Packery Channel Sep 09 (Tobin) 14
No Recession at Inlet
Since Ike
Near Post - Construction
Position (2006)
Legend
Aug 2003 (Pre- Const.
Jul 2004
Jul 2005 (Open: Emily)
Jul 2006 (Near completion)
Sep 2007 (Pre -Ike)
Sep 2008 (Post -Ike)
Jan 2009
Jul 2009
Jan 2010 J_r °---�
,wo � 1' 'N
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Summary of Channe
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• Concentrated Shoaling in deposition basin
• Seasonal shoals in Entrance Channel (jetty region)
• Temporary and migratory shoals inland channel segment
m
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at the channe
No bar or ebb shoa
r Channel opening (Jul 2005) to present (Jan 2010).
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Summary of Channe
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• Advance or stability near inlet (Zone of Influence)
• Variable north and south
• Recovery slow outside of Zone
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• Primary Bank ( -5 ft)- due to increase in current speed
• Upper Bank (MSL)- due to wake, current, and surge
N
N
22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _April 27, 2010
AGENDA ITEM:
a. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of
notice of intention to issue City of Corpus Christi, Texas Combination Tax and Surplus
Airport Revenue Certificates of Obligation, Taxable Series 2010 in an amount up to
$5,500,000 for the purpose of financing costs associated with making permanent public
improvements to the City' s Airport facilities, including the Quick Turnaround Facility;
complying with the requirements contained in Securities and Exchange Commission Rule
15c2 -12; and providing an effective date.
b. Motion authorizing the appointment of M. E. Allison & Co, Inc. as financial advisor for the
City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of
Obligation, Taxable Series 2010.
ISSUE:
The City of Corpus Christi is planning on issuing up to $5,500,000 in City of Corpus Christi, Texas
Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010 in
June 2010 to fund costs associated with making permanent public improvements to the City's
Airport facilities, including the Quick Turnaround Facility. Since the proceeds of the certificates of
obligation will be used to provide for rental car facilities outside the terminal that indirectly benefit
private rental car companies, they must be issued on a taxable basis. Prior to the issuance of the
certificates of obligation, the City is required to publish notice of its intentions in a newspaper of
general circulation in the City. Approval of the resolution would authorize the City to publish the
Notice of Intent in the Corpus Christi Caller -Times on May 2, 2010 and May 9, 2010. Additionally,
the motion presented would authorize the appointment of the financial advisor engaged for the
issuance of the certificates of obligation.
PREVIOUS COUNCIL ACTION:
• April 20, 2010 - Ordinance amending the Code of Ordinances related to the imposition,
collection, and expenditure of a "Car Rental Customer Facility Charge ".
• April 20, 2010 - Ordinance appropriating $140,000 in anticipated revenue from Customer
Facility Charges to fund the design of a consolidated "Quick Turnaround" maintenance facility
for rental car operations at the Corpus Christi International Airport.
FUTURE COUNCIL ACTION:
• June 15, 2010 — Ordinance providing for the issuance of the City of Corpus Christi, Texas
Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010,
in an aggregate principal amount not to exceed $5,500,000; establishing parameters regarding the
sale of the certificates of obligation; authorizing the distribution of a preliminary official
statement; approving the execution of a purchase contract; and other related matters.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the resolution and motion as presented.
Attachments: Constance P. Sanchez
Background Information Interim Director of Financial Services
Financial Advisor Fee Schedule e-mail: constancep @cctexas.com
Bond Counsel Fee Schedule phone: (361) 826 -3227
—281—
BACKGROUND INFORMATION
The City of Corpus Christi is planning on issuing up to $5,500,000 in City of Corpus Christi, Texas
Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010, in
June 2010 to fund costs associated with making permanent public improvements to the City's
Airport facilities, including the Quick Turnaround Facility.
Section 271.049 of the Texas Local Government Code (which is part of the Certificate of Obligation
Act) requires that a governmental entity publish notice of its intension to issue certificates of
obligation once a week for two consecutive weeks in a newspaper. In addition, it states that the date
of the first publication is to be before the 30th day prior to the date set for the passage of the
ordinance authorizing issuance of the certificates. With the approval of this agenda item, we will
publish our notice of intention in the Corpus Christi Caller -Times on Sunday, May 2nd and again on
Sunday, May 9th. We are planning on requesting City Council approval of the ordinance authorizing
the issuance of the certificates of obligation on Tuesday, June 15th, and so by doing this, we would be
in compliance with the Texas Local Government Code.
Also included with this agenda item is a motion for the appointment of the financing team engaged
for the issuance of the certificates of obligation. To comprise the financing team, City staff is
recommending M. E. Allison & Co. as financial advisor and Fulbright & Jaworski L.L.P. as bond
counsel. Please note that it is not necessary to include bond counsel in the ordinance approving the
financing team since the City currently has a contract with Fulbright & Jaworski L.L.P. as the City of
Corpus Christi's bond counsel. Attached are both financial advisory fees and bond counsel fees
associated with the issuance of certificates of obligation. It should also be noted that consideration
is being given to privately placing these certificates of obligation with a financial institution. If this
were to be financially favorable for the City of Corpus Christi, then selection of an underwriter
would not be needed. If, however, privately placing these certificates of obligation would not be a
viable option, then City staff will recommend to the City Council at a future City Council meeting a
firm or firms to serve as underwriters for a public sale.
On June 15, 2010, approval of an ordinance will be requested providing for the issuance of the
certificates of obligation; establishing parameters regarding the sale of the certificates of obligation;
authorizing the distribution of a preliminary official statement; approving the execution of a purchase
contract; and other related matters. It is anticipated that the revenues generated from the car rental
Customer Facility Charge (CFC) adopted by the City Council on April 20, 2010 will be sufficient to
pay the debt service payments associated with these certificates of obligation. Although the revenues
generated from the CFC are projected to cover the cost of the annual debt service requirements, these
certificates of obligation will be ad valorem tax backed and, as a result, would fall under the City's
current tax cap of $0.68 per $100 of assessed valuations. It should also be noted that since the
proceeds of the certificates of obligation will be used to provide for rental car facilities outside the
terminal that indirectly benefit private rental car companies, they must be issued on a taxable basis.
—282—
a/aG. l0. esawn, w4.0 I91d.
INVESTMENT BANKERS
FINANCIAL ADVISORY FEE SCHEDULE
GENERAL OBLIGATION NOW;
And Not
limn= Migallos
$
250,000
350,000
500,000
700,000
1,000,000
1,500,000
5,000,000
10,000,000
20,000,000
$ 250,000
350,000
500,000
700,000
1,000,000
1,500,000
5,000,000
10,000,000
20,000,000
No Limit
37,500 plus 320.00 per $1,000 for all over $1$0,000
39,500 plus 310.00 per 31,000 for alt over $250,000
.$10,500 plus $8.00 per 31,000 for all over $350,000
311,700 plus $7.00 per $1,000 for all over $500,000
$13,100 plus 36.00 per $1,000 for all ova 3700,000
$14,900 plus S5.00 per 31,000 for all over 31,000,000
$17,400 plus $3.00 par $1,000 for all over $1,500,000
327,900 plus 31.65 per$1,000 far allover 35,000,000
$36,150 plus $1.00 per 31,000 for an over $10,000,000
$46,150 plus $0.85 per $1,000 for alt ova $20,000,000
REVENIIEJQNDS AND COMBINATIQj4 TAX AND itiiviNI11E CERTIFICATES OF .
ODLTGATIVIOt
In **event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue •
Cextificates•of Obligation, Rofhnding or Lease Purdue*, the fee shall be the amount computed.
from the above schedule pius 2534.
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Fee Schedule*
Principal Amount of Obligations Obligations*
(per $1,000 denomination)
$0 - $10,000,000 $1.2500
$10,000,001425,000,000 $1.1250
$25,000,001 - $50,000,000 $0.8750
$50,000,001 - $100,000,000 $0.7500
$100,000,001 - $200,000,000 $0.6250
Over $200,000,000 $0.5000
*This scale will be increased by 35% for the issuance of any refunding obligations and
provides for a minimum fee of $15,000 for the issuance of any Obligations.
*In addition, the City will authorize an amount not to exceed $5,000 to our Firm for
additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly
billing rates.
*To the extent that our Firm is responsible for preparing the offering documents relating
to the issuance of any Obligations, an additional fee of $7,500 will be charged.
*This fee scale is not applicable if the Obligations are issued in a variable rate mode, are
further secured with a liquidity facility, and/or involve the utilization of any derivative products,
are issued by a non-profit corporation created by the City, or are issued in connection with an
economic development financing, including a TIRZ or other similar financing.
*This fee schedule is applicable to the following types of Obligations: general obligation
bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness.
EXPENSE/SERVICE
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Expenses and Services Summary **
CHARGE
Binding
Data Base Research
Lexis, Westlaw, Information America
Deliveries
Overnight/Express
Outside Courier
In -House
Courthouse Messengers
Document Scanning
Duplicating
Photocopy
Color photocopy
Microfilm /Microfiche
Videography (duplication)
Electronic Mail (via Internet)
Library Research by Library Staff
Weekend & Late Evening Air Conditioning
Postage
Secretarial Overtime
Facsimile (Outgoing)
80467497.4
N/A
(Pricing varies in other office locations)
—285—
Costs allocated by the Firm
Direct Cost
Direct Cost
N/A
(Pricing varies in other office locations)
$40.00 /Hour plus Transportation
(Pricing varies in other office locations)
$.12 per page — Direct Cost
$0.15 per page
$0.85 per page
$0.50 per page
$5.00 /tape plus $20.00 /duplication
No Charge
$130.00 per hour
N/A
(Pricing varies in other office locations)
Direct Cost on any item or group of items which
cost $1.00 or more
$28.00 per hour
(Pricing varies in other office locations)
$0.80 per page plus applicable LD charges
EXPENSE/SERVICE
FULBRIGHT & JAWORSKI L.L.P.
(San Antonio)
Expenses and Services Summary **
CHARGE
Telephone
Long Distance (Domestic)
Long Distance (International)
File Storage Retrieval
Transportation
Mileage (personal automobile)
Lodging
Meals
Car Rental /Airline /Rail /Etc.
CD -ROM Research
Graphic Arts
Practice Support
E- Discovery
Firm hosting of on -site document review
performed by outside contract attorneys
$0.30 per minute
80% of direct dial rate
N/A
(Pricing varies in other office locations)
Applicable IRS allowable rate per mile
Direct Cost
Direct Cost
Direct Cost
$30.00 - $50.00 per Search
(rate varies based on length of search)
$120.00 - $150.00 per hour, plus direct cost of
supplies
$60.00 - $215.00 per hour
Direct Cost
$ 5..00 per hour
** These fees are capped at $1,500.00 per individual Matter.
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS DIRECTING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND SURPLUS AIRPORT REVENUE
CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2010 IN AN
AMOUNT UP TO $5,500,000 FOR THE PURPOSE OF FINANCING
COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC
IMPROVEMENTS TO THE CITY'S AIRPORT FACILITIES,
INCLUDING THE QUICK TURNAROUND FACILITY; COMPLYING
WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND
EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the
City) has determined that it is advisable and necessary to issue and sell one or more series of
certificates of obligation (the Certificates) in an amount not to exceed $5,500,000 as provided
pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local
Government Code, Section 271.041 through 271.065, for the purpose of paying contractual
obligations of the City to be incurred for making permanent public improvements and for other
public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping,
enlarging, and improving the City's airport facilities, including the Quick Turnaround Facility;
(2) purchasing materials, supplies, equipment, land, and rights -of -way for authorized needs and
purposes relating to the aforementioned capital infrastructure improvements; and (3) the payment
of professional services related to the construction, design, and financing of the aforementioned
projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
officials of the City must review and approve the distribution of a "deemed final" preliminary
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials
of the City must find to the best of their knowledge and belief, after reasonable investigation, that
the representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
City that would adversely affect the issuance of the Certificates or the City's ability to pay the
debt service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide
the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
comply with the distribution requirements and continuing disclosure requirements contained in
the Securities and Exchange Commission Rule; and
90041256.2
-287-
WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and
the City Attorney, as appropriate, or their designees, to review, approve, and execute any
document or certificate in order to allow the City to comply with the requirements contained in
the Securities and Exchange Commission Rule; and
WHEREAS, prior to the issuance of the Certificates, the City Council is required to
publish notice of its intention to issue the Certificates in a newspaper of general circulation in the
City, such notice stating (i) the time and place the City Council tentatively proposes to pass the
ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be
issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which
the City Council proposes to pay the Certificates; and
WHEREAS, the City Council hereby finds and determines that such documents
pertaining to the sale of the Certificates should be approved, and the City should proceed with
the giving of notice of intention to issue the Certificates in the time, form, and manner provided
by law;
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the citizens of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of the City Council's intention to issue the Certificates in an amount not to exceed
$5,500,000 for the purpose of paying contractual obligations of the City to be incurred for
making permanent public improvements and for other public purposes, to -wit: (1) constructing,
acquiring, purchasing, renovating, equipping, enlarging, and improving the City's airport
facilities, including the Quick Turnaround Facility; (2) purchasing materials, supplies,
equipment, land, and rights -of -way for authorized needs and purposes relating to the
aforementioned capital infrastructure improvements; and (3) the payment of professional
services related to the construction, design, and financing of the aforementioned projects. The
Certificates will be payable from the levy of an annual ad valorem tax, within the limitations
prescribed by law, upon all taxable property within the City and additionally from a pledge of
and lien on certain revenues derived from the operation of the City's airport facilities. The
notice hereby approved and authorized to be published shall read substantially in the form and
content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part
of this Resolution for all purposes.
SECTION 2: The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City, once a week for two consecutive
weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated
therein for passage of the ordinance authorizing the issuance of the Certificates.
SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as
appropriate, or their designees, are authorized to review and approve the Official Statement
pertaining to the offering, sale, and issuance of the Certificates and to execute any document or
90041256.2
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-288-
certificate in order to comply with the requirements contained in the Securities and Exchange
Commission Rule.
SECTION 4: The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such
conflict, and the provisions of this Resolution shall be and remain controlling as to the matters
resolved herein.
SECTION 6: This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7: If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
SECTION 8: It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 9: This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
90041256.2
[The remainder of this page intentionally left blank.]
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-289-
PASSED, ADOPTED AND APPROVED on this the 27th day of April, 2010.
ATTEST:
City Secretary
(CITY SEAL)
APPROVED THIS 1 DAY OF APRIL, 2010:
A- sr
90041256.2
A+) vine
-4-
-290—
CITY OF CORPUS CHRISTI, TEXAS
Mayor
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas
will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at
12:00 o'clock P.M., Corpus Christi, Texas time on June 15, 2010 and, during such meeting, the
City Council will consider the passage of an ordinance or ordinances and take such other actions
as may be deemed necessary to authorize the issuance of one or more series of certificates of
obligation in an aggregate principal amount not to exceed $5,500,000 for the purpose or purposes
of paying contractual obligations of the City to be incurred for making permanent public
improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing,
renovating, equipping, enlarging, and improving the City's airport facilities, including the Quick
Turnaround Facility; (2) purchasing materials, supplies, equipment, land, and rights -of -way for
authorized needs and purposes relating to the aforementioned capital infrastructure
improvements; and (3) the payment of professional services related to the construction, design,
and financing of the aforementioned projects. The certificates of obligation (the Certificates)
will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by
law, upon all taxable property within the City and from a lien on and pledge of certain revenues
derived by the City from the operation of the City's airport facilities. The Certificates are to be
issued, and this notice is given, under and pursuant to the provisions of the Certificate of
Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through
Section 271.065, Chapter 1503, as amended, Texas Government Code, and the City's Home
Rule Charter.
90041256.2
A -1
—291—
/s/ Armando Chapa
City Secretary,
City of Corpus Christi, Texas
23
AGENDA MEMORANDUM
April 27, 2010
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 25 to the
professional architectural /engineering services contract with Pierce, Goodwin, Alexander
and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $517,000.00, for a
restated not to exceed total fee of $3,927,771.10 for design, bid and construction phase
services for a new Corpus Christi International Airport Consolidated Rent Car Quick Turn
Around Facility. ( Project #10030)
AMENDMENT:
The amendment provides for the architectural and engineering design, bid and
construction phase services required for a new Consolidated Rent Car Quick Turnaround
Facility.
CONSULTANT SELECTION /PROJECTS:
The City selected PGAL for Airport engineering services through an RFP for a multi -year
service agreement in 2004. The agreement was set up to be amended to authorize
additional projects as funding becomes available from the FAA. The City has historically
utilized multi -year engineering contract to successfully take advantage of year end FAA
Discretionary funds. The contract has previously been amended 24 times as FAA and
local funding became available.
The PGAL principal that will serve as the architect is one of the leading rental car facility
architects in the nation. All of the local rent car companies at Corpus Christi International
Airport requested that PGAL be used for the project due to their corporate experience with
the firm at other airports. The rental car firms that will use the facility will include
Advantage, Avis, Dollar, and National. Geotechnical, engineering materials testing,
inspection and laboratory testing services are being provided by the local PSI office.
FUNDING: Funding is available from the Airport Capital Funds.
RECOMMENDATION: Approval of the motion as presented.
Fred equndo
Director of Aviation
361 -289 -0171 ext. 1213
fredscctexas.com
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Contract Summary
Exhibit C. Location Map
Exhibit D. Project Budget
Pete Anaya, P.E.
Director of Engineering Services
361- 826 -3781
petean @cctexas.com
H NHOME\KEVlNS\GEN\ AIR_ restoreM2004fmprovements \AE -PG +t.14EArnd25AwdMemo dac
—295—
BACKGROUND INFORMATION
CONTRACT SUMMARY:
The amendment will provide the required Professional Design, Bid, Construction Phase
services and Business /Financial Services required to construct the Corpus Christi
International Airport Consolidated Rent Car Quick Turnaround Facility. The fee consists of
$458,000 for basic services and $59,000 for additional services for a total fee of $517,000.
The fee for basic services is 10.6% of the estimated construction cost for the project. A
contract summary is attached. The proposed facility has a preliminary construction cost
estimate in excess of $4,320,000 including contingency. See Exhibit B.
The selection of Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas was
through an RFP process in compliance with Federal Aviation Administration regulations.
The firm was selected to provide professional architectural and engineering service for the
Corpus Christi International Airport for a multiple year period. The Rental Car tenants were
strongly in favor that PGAL be utilized for the project. PGAL is considered to be the
industry leader in the design on rental car facilities across the nation.
ADDITIONAL INFORMATION:
There are five individual facilities currently operated by the rent car firms. The consolidated
proposed facility is to be designed to allow the operation of up to seven firms based on
new concession and rental agreements that are being negotiated. The new facility will
consolidate maintenance and rental facilities commonly known as a Quick Turnaround
Area (QTA).
The new facility will be used to fuel, clean (wash and vacuum), light maintenance (no
heavy maintenance), consisting of oil changes, tire changes / repairs, etc. The facility will
also be used to store the fleet of rental car vehicles that serve the Corpus Christi
International Airport (CCIA).
The shared, or common facility components, include:
• Fuel and Vacuum Positions
— Equipment - Tank, Dispenser, Overhead Reels (Air, Water)
— Revenue Control and Leak Detection Monitoring Systems
• Car Wash Bays
— Equipment, Reclaim System, Pre -Wash Area
• Employee Areas
— Restrooms, Locker Rooms, Break Rooms
The individual, or exclusive facility components, include:
• Dirty / Clean Storage Space (Separate, not Secured)
• Maintenance Bays
— Equipment — Lifts, Fluids and Parts Storage, Overhead Reels
• Administration Space
— Offices, Support Space
—296—
EXHIBIT A
Page 1 of 2
The Rental Automotive Car (RAC) Industry tenants at the airport has a current fleet of
1,600 -plus vehicles. The operation for the rental car fleet includes the transport of returned
vehicles (prior to a customer departing from CCIA) from the airport terminal area to the
expanded QTA facility and then back again upon servicing the vehicle, and as the need for
a rental car is realized.
A facility program questionnaire was distributed to the RAC Industry for both existing
and proposed requirements. This information was collected by PGAL and is only
documented in aggregate form (as RAC Companies prefer individual information kept
confidential). The results of the survey are as follows:
Component
Current
Proposed*
Dirty / Clean Cars
150
Increase
Storage Cars
200
Increase
Total
350
575
Fuel Positions
10
12 (dual stacked)
Fuel Storage
27,000 gallons
40,000 gallons
Car Wash Bays
5 exclusive
3 shared
Maintenance Bays
4 exclusive
6 shared
Administration Areas
1,600 sf
4,000 sf
Employee Areas
na
1,500
Total Building Area
10,000
16,600
Total Canopy Area
5,000
6,700
*List of Building uses does not reflect all building area uses (i.e. car wash areas,
equipment storage, other storage, etc.).
The proposed building will be approximately 16,600 SF in area, with an adjacent 6,700 SF
canopy that will protect the fueling operation from weather. The building will contain
administrative office space, maintenance bays / equipment, car wash bays / equipment,
employee areas and storage, and will be designed and constructed utilizing "green"
principles threaded throughout the development,
FUTURE COUNCIL ACTIONS:
Council will be requested to authorize:
• Award of any change orders that may require Council action; and
• Award of future construction contracts engineering and engineering contract
amendments when authorized by FAA.
FUNDING:
Funding is available from Airport Capital Reserve Funds that will be generated by the
Customer Facility Charge approved by Council during their April 13, 2010 meeting.
BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and
recommended its approval.
—297—
u.�unwncuicviw ic..n Cwn w .n -- __a_�n r rr•AI ‘ ACA...dfCA....4OL..c _ d_n
EXHIBIT A
Page 2 of 2
CONTRACT SUMMARY
SCOPE:
PGAL will provide additional Professional Design, Bid, Construction Phase and
Business /Financial Services for the Corpus Christi International Airport Consolidated Rent
Car Quick Turnaround Area. The scope of services will include:
Phase 1 — Concept Design:
• A confirmation of previously collected and generated materials, along with a
validation of the White Paper, to further define the project program and
planning. This will be done in collaboration with the Airport and the RAC
Industry.
• A development of a Schematic Design that meets the defined project
program AND the project budget defined by the Airport. Schematic Design
will include the following:
o Architectural: Site Plan, Floor Plan, Roof Plan, Allocation Plan(s), Building
Elevations, Building Sections, Preliminary Finish Schedules, Signage
Plans, Phasing Plans
o Civil: Site Plan, Grading Plan, Utility Plan, Paving Plan
o Electrical: Site Plan, Floor Plan, One -Line Diagrams
o Mechanical (HVAC, Plumbing, Fire Protection): Floor Plans, One -Line
Diagrams
o Fueling and Equipment: Floor Plans, One -Line Diagrams, Equipment
Schedules
o LEED Planning, for an anticipated LEED Certified Project
• An Order -of- Magnitude Cost Estimate
• A critical path development schedule
Phase 2 — Final Design:
• Documentation of Concept Design, to include all disciplines and engineering
• Documentation of the phasing of the work and required demolition support
construction
• Deliverables to be submitted for review at 60% and 95% completion
• Anticipated consultant services include:
o Architecture and Interior Architecture
o Civil Engineering
o Structural Engineering
o Landscape Architecture
o Mechanical, Electrical and Fire Protection Engineering
o Fuel System and Specialty Equipment Engineering
o Geotechnical Engineering (by City, not included)
o Environmental Engineering (by City, not included)
o Land Surveying (by City, not included)
• Cost estimate a.d Development Schedule updates at 60% and 95%
• Bidding Assistance based on a competitive design- bid -build process
• Permitting Assistance with and through the local governing authorities to
obtain a building permit and any other required permits for construction
Phase 3 — Construction Services:
• Support during construction to include:
-298-
Exhibit B
Page 1 of 2
o Field site visits and observations
o Attendance during progress meetings and the issuance of field reports
o Review of shop drawings and finish materials and equipment
o Issuance of architectural supplemental instructions and directives
o Review of change order proposals and contractor pay applications
o Issuance of substantial completion certificates
o Development of punch lists
o Review and development of project close -out documentation.
Business and Financial Support Services:
• Provide support during business negotiations with the Rental Car Industry
and other financial issues related to the funding of the consolidated project.
FEE:
Amendment No. 25 Rent Car Quick Turnaround Facility
Phase 1 — Concept Design
118,000
Phase 2 — Final Design
235,000
Phase 3 — Construction Services
105,000
Business and Financial Assistance Services
26,000
Reimbursable Expenses
33,000
Total Amendment No. 25
517,000
—299—
Exhibit B
Page 2 of 2
File : \ Mproject \councilexhibits \exh10030
a'UTCES aay
LOCATION MAP
NOT TO SCALE
AGNES RD.
PROJECT SITE
1
•
r\-
CORPUS CHRI
\\.,(IINTERNATIONAi
\\� A3IOoRJ
MCGLOIN ROAD
BEAR LANE
PROJECT # 10030
EXHIBIT "C"
CCM
CONSOLIDATED RENT A CAR
QUICK TURN AROUND FARILITY
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 oft
DATE: 01 -12 -2010
— —
PROJECT BUDGET
Corpus Christi International Airport
Rent Car Quick Turn Around Maintenance Facility
Project No. 4368
April 20, 2010
FUNDS AVAILABLE:
Airport Capital Funds $4,994,500.00
$4,994,500.00
FUNDS REQUIRED:
Construction (Estimated) $4,000,000.00
Contingencies (8 %) 320,000.00
Consultant (Jacobs Engineering) 517,000.00
Geotechnical 20,000.00
Engineering Materials Inspection, Testing & Laboratory 40,000.00
Administrative Reimbursements 32,000.00
Engineering Reimbursements 48,000.00
Misc. (Printing, Advertising, etc.) 17,500.00
Total $4,994,500.00
Variance $0.00
Exhibit D
Page 1 of 1
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24
RELATED TO ITEM 24
AGENDA MEMORANDUM
City Council Action Date: April 27, 2010
SUBJECT: Yorktown Boulevard Improvements -Action Plan (Bond 2008)
Project No. 6464 / CIP No: ST 21
AGENDA ITEM: Discussion and consideration of an action plan and Resolution in support of the
extension of Yorktown Boulevard.
ISSUE: The construction award for the Yorktown Boulevard -Staples to Cimarron project is
paired with the Buckingham Estates Force Main and Oso Plant Effluent Line project. The
proposed construction award was brought before Council on April 20, 2010 and awarded to Haas-
Anderson Construction, Ltd. in the amount of $6,335,425.45 for the Total Base Bid Group 1 and
Group 2 and Additive Alternate Nos. 2, 3, 4 and 5 for Group 1 and Additive Alternate No. 1 for
Group 2.
Pursuant to Motion No. 2010-087 (as amended), adopted by Council on April 20, 2010, directing
staff to "prepare and recommend an action plan to extend improvements to Yorktown Boulevard
for the April 27, 2010 Council Meeting," staff recommends the following:
ACTION PLAN:
(1) preparation of a Professional Services Agreement for the completion of the design of
Yorktown Boulevard. from Cimarron to Rodd Field Road;
(2) extension of construction improvements to Yorktown Boulevard from Cimarron
Boulevard to the entrance of Bill Witt Park, established as a highest priority construction
project;
(3) preparation of recommendations for Council approval to continue the construction
improvements to Yorktown Boulevard from the entrance of Bill Witt Park to Rodd Field
Road.
FUNDING: Funding forthe Professional Services Consultant Agreementforthecompletion ofthe
design to Yorktown Boulevard from Cimarron .Boulevard to Rodd Field Road is available from
surplus funds from previous street bond programs. Funding for the extension of construction
improvements to Yorktown Boulevard from Cimarron Boulevard to Bill Witt Park is available from
excess Bond 2008 funds.
RECOMMENDATION: Staff recommends approval of the resolution as presented.
`~'`~ Additional Su ort Material:
Pete Anaya, P.E. Exhibit "A" Background Information
Director of Engineering Services Exhibit "B" Prior Actions
361-826-3781 Exhibit "C" Resolution
petean@cctexas.com Exhibit "D" Location Map
H:\HOME1KellyO\GEMSTREETSl6464- Yorktown Blvd- Staples to CimarronUlction PIan12 AGENDA MEMO.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Yorktown Boulevard Improvements -Action Plan (Bond 2008)
Project No. 6464 / CIP No: ST 21
PROJECT BACKGROUND: The Yorktown Boulevard - Staples to Cimarron project was
approved November 4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street
Improvements. Design, bid and construction phase services and additional services forthe
Bond Issue 2008 Yorktown Improvements were awarded to Freese and Nichols, Inc. and
completed in February 2009.OnApril 20, 2010, City Council passed the Motion authorizing
the City Manager, or his designee, to execute a construction contract with Haas-Anderson
Construction, Ltd. of Corpus Christi, Texas in the amount of $6,335,425.45, for Yorktown
Boulevard -Staples to Cimarron (Bond 2008) and Buckingham Estates Force Main and
Oso Plant Effluent Line (CIP FY 2010) for the Total Base Bid Group 1 and Group 2 and
Additive Alternate Nos. 2, 3, 4 and 5 for Group 1 and Additive Alternate No. 1 for Group 2.
On Tuesday, November 4, 2008, 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 2008. The November 4, 2008 election was held jointly with Nueces County and
coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
On January 12, 2010, City Council passed the Resolution authorizing the City Manager or
his designee to submit a Nomination Form for the Transportation Enhancement Program to
the Texas Department of Transportation in the amount of $1,353,868.00 for Yorktown
Boulevard - Staples to Cimarron (Bond 2008) Landscaping Improvements Project, with a
City match of $338,467.00 in the No. 3546 Street GO CIP Fund (Bond 2008), and a total
construction cost of $1,692,335.00.
The Transportation Enhancement Program is administered by the Texas Department of
Transportation (TXDOT) and provides opportunities for non-traditional transportation
activities. Projects must go above and beyond standard transportation activities and be
integrated into the surrounding environment in a sensitive and creative manner that
contributes to the livelihood of the community, promotes the quality of the environment and
enhances the aesthetics of the roadways. Projects undertaken with enhancement funds
are eligible for reimbursement of up to 80 percent of allowable costs. The proposed
landscaping improvements are part of the roadway widening project. The landscaped
median consists of a forty foot grassy bermed section. The median will have shrubs, trees
and irrigation which are designed using xeriscape methodology and coastal plants to
EXHIBIT "A"
Pa e 1 of 2
H:\HOME1KeIlyO1GEN\STREETS\6464- Yorktown Blvd• Staples to CimarronUlction Plan\3 AGENDA BACKGROUND.doc
minimize maintenance needs. All plantings will be under a drip irrigation system.
The project also includes decorative paving in the medians and along the medians. In the
open boulevard space will be elevated decorative block walls with the plantings at various
berm heights to provide interesting character to the median and make the drive calming
and more pleasing. The design considers the aesthetics of the roadway and the necessary
visual access locations so that commerce will be enhanced and not hampered.
EXHIBIT "A"
Pa e2of2
H:\HOME\KeIlyO1GEN\STREETS\6464- Yorktown Blvd- Staples to CimarronWction Plan\3 AGENDA BACKGROUND.doc
PRIOR PROJECT ACTIONS
SUBJECT: Yorktown Boulevard Improvements -Action Plan (Bond 2008)
Project No. 6464 /CIP No: ST 21
PRIOR COUNCIL ACTION:
1. November 13. 2008 -Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18. 2008 -Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 15. 2009 -Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
4. April 24, 2009 -Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi,
Texas, in the amount of $999,871 for Yorktown Boulevard -Staples to Cimarron for
design, bid and construction phase services. (BOND 2008) (M2009-0066)
5. January 12, 2010 -Resolution authorizing the City Manager or designee to submit a
Nomination Form for the Transportation Enhancement Program to the Texas
Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard,
Staples to Cimarron (BOND 2008) Landscaping Improvements .Project with a City
match of $338,467.00 in the No. 3546 Street GO CIP Fund (BOND 2008), and total
construction cost of $1,692,335.00. (Resolution No. 028458)
6. April 20, 2010 -Motion authorizing the City Manager, or his designee, to execute a
construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in
the amount of $6,335,425.45, for Yorktown Boulevard -Staples to Cimarron and
Buckingham Estates Force Main and Oso Plant Effluent Line for the Total Base Bid
Group 1 and Group 2 and Additive Alternate Nos. 2, 3, 4 and 5 for Group 1 and
Additive Alternate No. 1 for Group 2; and directing staff to prepare and recommend an
action plan to extend improvements to Yorktown Boulevard for the April 27, 2010 City
Council meeting. (Bond 2008) (CIP FY 2010) (M2010-087)
PRIOR ADMINISTRATIVE ACTION:
1. September 19. 2008 -Distribution of Request for Qualifications (RFQ) No. 2008-05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
2. October 14, 2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
EXHIBIT "B"
Pa e 1 of 2
H:\HOMEU(elly0\GEN\STREETS\6464• Yorktown Blvd- Staples to CimarconMction PIanW PRIOR ACTIONS.doc
3. October 20.2008 -Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
4. April 22, 2009 -Administrative Approval of a Geotechnical Testing Agreement with
Arias and Associates in the amount of $13,308.50 for Yorktown Boulevard - Staples to
Cimarron. (BOND 2008)
5. November 22, 2009 -Administrative Approval of Amendment No. 1 to the Contract for
Professional Services with Freese and Nichols, Inc. in the amount of $48,500.00 for a
restated fee of $1,048,371.00 for Yorktown Boulevard -Staples to Cimarron. (BOND
2008)
EXHIBIT "B"
Pa e2of2
H:\HOME\KellyOlGEN\STREETS\6464- Yorktown Blvd• Staples to CimarronWction Plan\4 PRIOR ACTIONS.doc
RESOLUTION
REGARDING THE YORKTOWN BLVD. EXTENSION ACTION PLAN TO EXTEND
STREET IMPROVEMENTS FROM CIMARRON BLVD. TO RODD FIELD ROAD, TO
INCLUDE USE OF EXCESS BOND 2008 FUNDS, AND PREPARATION, FOR CITY
COUNCIL APPROVAL, OF A PROFESSIONAL SERVICES CONSULTANT
AGREEMENT TO PROVIDE FOR DESIGN SERVICES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. City staff is directed to prepare a Professional Services Consultant Agreement for the
completion of the design of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road, to be
funded using surplus funds from previous street bond programs.
SECTION 2. The extension of construction improvements to Yorktown Boulevard from Cimarron
Boulevard to the entrance of Bill Witt Park is established as a highest priority construction project, to
be funded using excess Bond 2008 funds.
SECTION 3. City staff is directed to prepare for Council approval recommendations to continue the
construction improvements to Yorktown Boulevard from the entrance of Bill Witt Park to Rodd Field
Road.
ATTEST
CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED AS TO FORM: 22-Apr-10
Veronica Ocanas
Assistant City Attorney
for City Attorney
EXHIBIT "C"
Pa e 1 of 2
day of , 2010.
The above resolution was passed by the following vote:
Joe Adame
-Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
EXHIBIT "C"
Pa e2of2
YORKTOWN BOULEVARD - CITY COUNCIL IXHIBIT
STAPLES TO C/MARRON CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2 v =
(BOND 2008) DATE: 04-27-2010 ~~~
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25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Parks & Recreation Presentation to City Council, Spring 2010
STAFF PRESENTER(S):
Name Title /Position Department
1.
2.
3.
OUTSIDE PRESENTER(S):
Name Title /Position Organization
1. Carlos Haney Member Parks & Recreation Advisory Committee
2. (PRAC)
3.
BACKGROUND:
REQUIRED COUNCIL ACTION:
Informational presentation.
Stacie Talbert, Interim Director
Parks & Recreation Department
StacieT @cctexas.com
(361) 826 - 3476
PowerPoint X
Supplemental information ❑
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