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Proclamation declaring March 27 - April 2, 2011 as "Girl Scout Week & 99th Anniversary Celebration"
Proclamation declaring April Stn 15'h & 22nd as "Fill -The -Boot for Muscular Dystrophy Association
Days"
Proclamation declaring the month of March 2011 as "Women's History Month"
Proclamation declaring the month of April 2011 as "Autism Awareness Month"
Proclamation declaring the month of April 2011 as "Earth Month 2011" and Saturday, April 16, 2011
as "Earth Day - Bay Day 2011"
Proclamation declaring the month of April 2011 as "Sexual Assault Awareness Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
MARCH 29, 2011
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 tree que su ingles es limitado, habra 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 Reverend Philip Douglas, Unitarian Universalist Church of
Corpus Christi.
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 Tem Nelda Martinez
Council Members:
Chris N. Adler interim City Manager Margie C. Rose
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Mark Scott
Linda Strong
Agenda
Regular Council Meeting
March 29, 2011
Page 2
E. MINUTES:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1. Approval of Regular Meeting of March 22, 2011. (Attachment
#1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. • Commission on Children and Youth
* Corpus Christi Downtown Management District
* 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 a supply agreement with Nardis, Inc., of
Kilgore, Texas for police uniforms, in the amount of $64,914.40,
of which $21,638.13 is required in FY 2010 -2011. The term of
the contract will be for twelve months with an option to extend
the contract for up to two additional twelve -month periods,
subject to the approval of the supplier and the City Manager or
Agenda
Regular Council Meeting
March 29, 2011
Page 3
4.
5.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
designee. The award is in accordance with the General
Services Administration (GSA) Federal Supply Schedule 84
Cooperative Purchasing Program. Funds have been budgeted
by the Police Department in FY 2010 - 2011. (Attachment # 3)
a. Motion authorizing the City Manager or designee to accept
supplemental grant funding in the amount of $12,208 from
the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the
Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area. (Attachment # 4)
b. Ordinance appropriating $12,208 in the No. 1061 Police
Grants Fund from the Executive Office of the President,
Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor initiative in
the Houston High Intensity Drug Trafficking Area.
(Attachment # 4)
c. Motion authorizing the City Manager or designee to accept
supplemental grant funding in the amount of $21,060 from
the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the
Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area. (Attachment # 4)
d. Ordinance appropriating $21,060 in the No. 1061 Police
Grants Fund from the Executive Office of the President,
Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in
the Houston High Intensity Drug Trafficking Area.
(Attachment # 4)
a. Motion authorizing the City Manager or designee to accept a
grant in the amount of $327,931.90 from the Texas Ranger
Division, Texas Department of Public Safety, for funding
eligible under the Local Border Security Program FY 2010-
2011 and to execute all related documents. (Attachment # 5)
b. Ordinance appropriating $327,931.90 from the Texas
Ranger Division, Texas Department of Public Safety in the
No. 1061 Police Grants Fund for overtime associated with
the Local Border Security Program. (Attachment # 5)
Agenda
Regular Council Meeting
March 29, 2011
Page 4
6.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution authorizing the City Manager, or designee, to
accept a grant from the Texas Department of Public Safety,
Governor's Division of Emergency Management, in the
amount of $16,774.20, for hazardous materials emergency
preparedness planning activities, in the No. 1062 Fire Grants
Fund. (Attachment # 6)
b. Ordinance appropriating $16,774.20 from the Texas
Department of Public Safety, Governor's Division of
Emergency Management, Hazardous Materials Emergency
Preparedness (HMEP) Grant Program in the No. 1062 Fire
Grants Fund for public awareness brochures, school book
covers, production and broadcast of public service
announcements, and to conduct an emergency response
exercise and activities, with a cash or soft match of
$5,975.80. (Attachment # 6)
7. Ordinance authorizing the resale of eight (8) properties for
$25,300 which were foreclosed upon for failure to pay ad
valorem taxes, of which the City shall receive $2,885.19 plus
$1,476.35 for partial payment of City paving and demolition
Hens. (Attachment # 7)
8. Motion authorizing the City Manager, or designee, to execute a
construction contract with Leoncitos, Inc. of Corpus Christi,
Texas in the amount of $71,877.60 for the Cimarron Boulevard
Right Turn Lane Improvements for the Total Base Bid. (BOND
ISSUE 2004) (Attachment # 8)
9. Motion authorizing the City Manager, or designee, to execute
Change Order No. 9 for the acquisition of a Final Cover
Irrigation System to a construction contract with Environmental
Specialties International of Baton Rouge, Louisiana, in the
amount of $35,000.00 for a restated not to exceed fee of
$7,099,980.57 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 designee, to execute a
Texas Buy Board Contract with Musco Sports Lighting, LLC. of
Round Rock, Texas in the amount of $827,004 for the Sports
Field Lighting Improvements for the fighting of select youth
sports fields at the following locations. (BOND ISSUE 2008)
(Attachment # 10)
Agenda
Regular Council Meeting
March 29, 2011
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
• Youth Sports Complex - International Westside Baseball
League
• Youth Sports Complex - Sparkling City Girls Fast Pitch
League
• Price Park - Southside Pony League
• Bill Witt Park - Padre Little League
• Kiwanis Field - Kiwanis Senior League
• Southside Little Miss Kickball League (McArdle)
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.
11. Executive session under Texas Government Code Section
551.071 regarding Josie Hernandez vs. City of Corpus Christi;
Civil Action No. 2 :10 -CV -186; In The United States District
Court, Southern District of Texas, Corpus Christi Division, with
possible discussion and action in open session.
J.
K.
PUBLIC HEARINGS: (NONE)
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES:
12. Resolution authorizing the City Manager, or designee, to
execute an Advance Funding Agreement with the Texas
Department of Transportation in the amount of $44,148 for the
Yorktown Boulevard from Staples Street to Cimarron Boulevard
Landscape Improvements Project, as part of the Bond 2008
Transportation Enhancement Project. (BOND ISSUE 2008)
(Attachment # 12)
Agenda
Regular Council Meeting
March 29, 2011
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
L. PRESENTATIONS:
13. 2011 Buc Days Presentation by the Buccaneer Commission
(Attachment # 13)
14. Update on City of Corpus Christi's BoldFuture for the Coastal
Bend Action Items (Attachment # 14)
15. Status Report on the Adoption of the Unified Development Code
(UDC) (Attachment # 15)
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
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)
Agenda
Regular Council Meeting
March 29, 2011
Page 7
0. ADJOURNMENT:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at %. no p.m.,
on March 24, 2011.
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 2010 -2011
iA.
Bayfront and Downtown Initiatives
Complete Utility Master Plans
Conservation and Recycling Education Plan
Comprehensive Economic Development
Approach
Street Improvement Plan
Development Process Improvement
Mary Rhodes Pipeline Phase 11 Water Plan
Safe and Healthy Community-Initiatives
(Gang, Graffiti, and Physical Health Emphasis)
Support Continued Military Presence
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 22, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members: City Staff:
Chris Adler Interim City Manager Margie Rose
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Mark Scott
ABSENT
Linda Strong
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Henry Williams with Corpus Christi Christian
Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council
Member 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 and
workshop meeting of March 8, 2011. A motion was made and passed to approve the minutes as
presented.
* * * * * * * * * * **
Mayor Adame called for consideration of the consent agenda (Items 2 - 11). There were no
comments from the public. Council members requested that Item 4 be pulled for individual
consideration. City Secretary Chapa requested that Item 6 be pulled for an amendment. City
Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2011 -065
Motion approving the purchase of traffic signals and equipment from the following
companies for the following amounts in accordance with Bid Invitation No. BI -0061 -11 based
on only bid, low bid and most advantageous bid for a total amount of $287,085. Funds have
been budgeted by Traffic Engineering in FY 2010 -2011.
Control Technologies, Inc. Consolidated Traffic Control, Inc.
Tomball, Texas Arlington, Texas
Item Nos. 9 and 10 Item Nos. 3, 4, 5, and 8
$58,000 $54,375
Minutes — Regular Council Meeting
March 22, 2011 — Page 2
Paradigm Traffic Systems, Inc.
Arlington, Texas
Item Nos. 2, 6 and 11
$114,590
Siemens ITS
Austin. Texas
Item Nos. 1 and 7
$60,120
TOTAL AWARD: $287,085
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
3. ORDINANCE NO. 028996
Ordinance appropriating $29,480.85 from the State of Texas in the No. 1061 Police Grants
Fund — Law Enforcement Officer Standards and Education for training of police personnel
and purchase of training equipment.
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 "; Strong was absent.
5. ORDINANCE NO. 028998
Ordinance appropriating $17,028 from anticipated additional revenue in the Hotel
Occupancy Tax Fund No. 1030 for marketing efforts for the South Texas Art Museum
($12,606), Botanical Gardens of South Texas ($4,036) and the Asian Cultures Museum
($386); changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to
increase both revenues and expenditures by $17,028 each.
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 "; Strong was absent.
7. MOTION NO. 2011-066
Motion authorizing the City Manager or designee to execute Amendment No. 28 to the
professional engineering contract with Pierce, Goodwin, Alexander & Linville (PGAL), Inc., of
Houston, Texas in an amount of $163,008 for the Corpus Christi International Airport
Consolidated Rent Car Quick Turn Around Facility for Project Management and Inspection
(Project # 10030).
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
8, MOTION NO. 2011 -067
Motion authorizing the City Manager or designee to execute a construction contract with
Safe Net Services, LLC, of Corpus Christi, Texas in an amount of $652,572.89 for the J. C.
Elliott Pavement Life Cycle Replacement Project No. 5232 for Base Bid A, and Additive
Alternate Nos. 1 — 4.
Minutes — Regular Council Meeting
March 22, 2011 — Page 3
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
9.a. MOTION NO. 2011 -068
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by Next Chapter Corpus Christi LLC, owner and developer of Joslin
Tracts, Block 2, Lot 8A, located east of Ennis Joslin Road (Spur 3) and north of South Padre
Island Drive (SH 358), including all related appurtenances.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
9.b. ORDINANCE NO. 029000
Ordinance appropriating $10,036.06 from the Distribution Mains Trust Fund No. 4030 to
reimburse Next Chapter Corpus Christi LLC for the installation of 525 linear feet of 8 -inch
water distribution main, including all related appurtenances for development of Joslin Tracts,
Block 2, Lot 8A, as specified in the Distribution Main Extension Construction and
Reimbursement Agreement.
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 "; Strong was absent.
10. ORDINANCE NO. 029001
Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on
Whitecap Boulevard between Park Road 22 and Windward Drive, from 40 mph to 35 mph at
all times, providing for penalties, and providing for publication. (1st Reading — 3/08/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ";
Strong was absent.
11.a. ORDINANCE NO. 029002
Amending Section 53 -254 of the Code of Ordinances to adjust the boundary of the 35 mph
speed limit on North and South Shoreline Boulevard; to 35 MPH between Craig Street to
Power Street at all times, providing for penalties; and providing for publication. (First
Reading — 03/08/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ";
Strong was absent.
11.b. ORDINANCE NO. 029003
Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on
Shoreline Boulevard from Power Street to the end of the roadway fronting the Art Museum of
South Texas; from 35 MPH to 20 MPH at all times, providing for penalties; and providing for
publication. (First Reading — 03/08/11)
-3-
Minutes — Regular Council Meeting
March 22, 2011 — Page 4
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ";
Strong was absent.
Mayor Adame opened discussion on Item 6 regarding the City Election. City Secretary
Chapa announced requested an amendment to replace Maria Gonzalez as Judge and Nicolasa
Clark as Alternate Judge for Precinct 17. Mr. Marez made a motion to amend the ordinance as
stated. The motion was seconded by Mr. Scott. The foregoing motion was passed and approved
with the following vote: Adame, Adler, Ellzondo, Kieschnick, Leal, Marez, and Scott, voting "Aye ";
Martinez and Strong were absent.
City Secretary Chapa polled the Council for their votes as follows:
6. ORDINANCE NO. 028999
Ordinance governing City elections in 2011, including appointment and compensation of
election officials, voting systems, and central counting station.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and
Scott, voting "Aye "; Martinez and Strong were absent.
Mayor Adame opened discussion on Item 4 regarding a lease agreement with the Corpus
Christi Senior Softball Association. Council Member Marez asked questions regarding the timeline
for completion of the lighting at Kiwanis Park. Director of Parks and Recreation Michael Morris
reported that the sports lighting is scheduled to be installed between the spring and fall seasons. Mr.
Morris added that the contract for the lighting will be presented to Council in the upcoming weeks. In
response to Council Member Marez, Mr. Morris stated that staff has informed the Corpus Christi
Senior Softball Association on the progress at the field. Mayor Adame asked whether the joint use
clause allowed the City to schedule other events at the field. Mr. Morris explained that all of the
lease agreements permit the City to use the fields for other events. City Secretary Chapa polled the
Council for their votes as follows:
4. ORDINANCE NO. 028997
Ordinance authorizing the City Manager or designee to execute a five -year lease agreement
with the Corpus Christi Senior Softball Association for the use of Kiwanis Park located at
3933 Timon, for softball program.
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 "; Strong was absent.
* * * * * * * * * * * **
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
12. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
09 -185, Andres Villasana et al vs. City of Corpus Christi et al, in the United States District
Court for the Southern District of Texas, with possible discussion and action in open
session.
—4--
Minutes — Regular Council Meeting
March 22, 2011 — Page 5
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken on Item 12. Mayor Adame reported that the
Council has asked for clarification on Item 13 and will return to executive session later in the
meeting.
* * * * * * * * * * **
Mayor Adame referred to Item 14 and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0111 -02, Commercial Metals Company: The applicant is requesting a change of
zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a
change of future land use from a light industrial use to a heavy industrial use. The property
to be rezoned is 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9
and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west
side of Bronco Road, approximately 245 feet north of Agnes Street.
Senior Planner Miguel Saldana referred to a powerpoint presentation including the site
location within the future land use map; area location map; the current site plan; the existing land
use map; the future land use map; "1 -2" and "1 -3" allowable uses; and views of the subject property.
Mr. Saldana stated that the Planning Commission and staff recommended denial of the "I -3" Heavy
Industrial District, and in lieu thereof, approval of a Special Permit, subject to a site plan and six (6)
conditions.
Council Member Adler asked why the Planning Commission did not approve the applicant's
request. Mr. Saldana stated that the "1 -3" zoning allows for unlimited height and because the
property is in close proximity to the airport, the Planning Commission permitted a condition for height
limitations. Mr. Saldana also explained that a condition was included to drain the detention pond
within a proper period of time.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes
as follows:
14. ORDINANCE NO. 029004
Amending the Zoning Ordinance upon application by Commercial Metals Company, by
changing the Zoning Map in reference to 63.785 acres out of H.B. Sheppard Farm Lots, Lot
4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315,
located along the west side of Bronco Road, approximately 245 feet north of Agnes Street,
from "1 -2" Light Industrial District to the "I -2 /SP" Light Industrial District, with a Special Permit
for a scrap metal processing plant, subject to a Site Plan and six (6) conditions; amending
the Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,.__ ...
voting "Aye "; Strong was absent.
Minutes -- Regular Council Meeting
March 22, 2011 — Page 6
Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0211 -02, MBL Derby City Development, LLC: The applicant is requesting a
change of zoning from the "B -3" Business District to the "B -1" Neighborhood Business
District not resulting in a change of future land use. The property to be rezoned is 7.5 acres
out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing
Street, approximately 400 feet west of Airline Road.
Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial
view; an existing land use map; future land use map; the ownership map; and views of the subject
property. Mr. Saldana stated that the Planning Commission and staff recommended approval of the
applicant's request for a change in zoning from the "B -3" Business District to the "B -1" Neighborhood
Business District.
Mayor Adame called for comments from the audience. Sue Williams, 3105 Royal Court,
spoke in support of the zoning change. Ms. Martinez made a motion to close the public hearing,
seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows:
15. ORDINANCE NO. 029005
Amending the Zoning Ordinance, upon application by MBL Derby City Development, LLC, by
changing the Zoning Map in reference to 7.5 acres out of Brighton Village Unit 2, Block 14,
Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline
Road, from the "B -3" Business District to the "B -1" Neighborhood Business District, not
resulting in a change of future land use; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan; providing a repealer clause; providing
a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Martinez, and Martinez, voting "Aye ";
Adame and Scott abstained; Strong was absent.
Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0211 -03, McTurbine, Inc.: The applicant is requesting a change of zoning from
the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of
future land use from a light industrial use to a heavy industrial use. The property to be
rezoned is 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west
of Junior Beck Drive and south of Bear Lane.
Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial
view; existing land use map; the future land use map; the ownership map; a site plan; and views of
the subject property. Mr. Saldana stated that the Planning Commission and staff recommended
approval of the applicant's request for a change in zoning from the "1 -2" Light Industrial District to the
"1 -3" Heavy Industrial District.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes — Regular Council Meeting
March 22, 201 1 — Page 7
16. ORDINANCE NO. 029006
Amending the Zoning Ordinance, upon application by McTurbine, Inc., by changing the
Zoning Map in reference to 0.005 acres out of Industrial Technology Park Unit 2, Block 5,
Lot 1, located west of Junior Beck Drive and south of Bear Lane, from the "1 -2" Light
Industrial District to the "1 -3" Heavy Industrial District resulting in a change of future land use
from a Tight industrial land use to a heavy industrial use; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting
"Aye "; Scott and Strong were absent.
**** *********
Mayor Adame recessed the Regular Council Meeting to hold meetings of the North Padre
Island Development Corporation and Reinvestment Zone Number Two Board.
* * * * * * * * * * * **
Mayor Adame returned to the Regular Council Meeting, Mayor Adame opened discussion on
Item 18 regarding the project and financing plans for the Reinvestment Zone Number Two. First
Assistant City Attorney Jay Reining stated that staff is requesting approval of the amended project
and financing plans for the Reinvestment Zone Number Two as adopted by the Reinvestment Zone
Number Two Board of Directors. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
18. ORDINANCE NO. 029007
Ordinance approving an amendment to the revised Project And Financing Plans for the
Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, that
was adopted by the Board of Directors of Reinvestment Zone Number Two, City of Corpus
Christi, upon recommendation of the Board of Directors of the North Padre Island
Development Corporation; and providing for publication.
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 "; Strong was absent.
Mayor Adame opened discussion on Item 19 regarding Packery Channel Phase 2 Parking
and Overlooks Project. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
19.a. ORDINANCE NO. 029008
Ordinance amending Section 1 of Ordinance 028918, adopted on January 11, 2011, which
transferred and appropriated $500,000 of the Unappropriated Fund Balance in the No. 1111
Reinvestment Zone No. 2 Fund into the No. 3278 Packery Channel Projects TIF #2 Fund for
the Packery Channel Maintenance Dredging and Beach Nourishment Project and the
Packery Channel Phase 2 Parking and Overlooks Project, by adding the Seawall Sand
Movement and Relocation Project to the projects being funded.
—7—
Minutes — Regular Council Meeting
March 22, 2011 — Page 8
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 "; Strong was absent.
19.b. MOTION NO. 2011 -070
Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the
construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of
$240,233.20 for additional shoreline protection repairs for the Packery Channel, Phase 2 —
Parking and Overlooks Project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
* * * * * * * * * * * **
Mayor Adame announced that the Council would return to executive session on item 13
which was listed on the agenda as follows:
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken and that Council would return to executive
session later in the meeting for further discussion.
* * * * * * * * * * * **
Mayor Pro Tem Martinez called for petitions from the audience. John Gonsalves, 1514 Oak
Harbor, spoke regarding the error in failing to collect $1.7 million in wastewater charges and the
accountability of former City Manager Escobar and city staff. Mr. Gonsalves provided suggestions to
correct the funding shortfall. Dickie Hoskins, 4614 Nicholson, spoke regarding large commercial
trucks that are delivering to Sunnybrook Health Care Center and causing excessive noise and bad
street conditions. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, reported on a
joint meeting between the Chamber of Commerce, Hispanic Chamber of Commerce, and Black
Chamber of Commerce regarding the layout plans and accomplishments of the Development
Services Department. Mr. Edwards informed the Council that the Small Business Council will meet
on March 30th at the Business Innovation Center to discuss the Development Services New
Configuration Plan.
Bryan Menard, 3213 Cedar Hollow Court, spoke regarding recycling collection; sanitary
concerns with once a week garbage collection; and violations and selective enforcement of the
illegal smoking and paraphernalia ordinance. Don Winkley, 3617 Boca Raton, requested that an
item be placed on the agenda to allow his property on Laguna Shores to grow native vegetation.
Abel Alonzo, 1701 Thames, requested that the Council repeal the Council Policy prohibiting political
advertisement during Council meetings. Cindi Mutchler, 2434Widgeon, stated that former City
Manager Escobar saved the City money during his employment as City Manager and also thanked
the City Council for their work. Sue Williams, 3105 Royal Court, thanked the Council for the new
recycle program and expressed concerns regarding once a week garbage collection.
* * * * * * * * * * * **
-8-
Minutes — Regular Council Meeting
March 22, 2011 — Page 9
Mayor Pro Tem Martinez announced that the Council would return to executive session on
Item 13 which was listed on the agenda as follows:
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed and approved with the following vote:
13. MOTION NO. 2011 -069
Motion appointing Ronald L. Olson as City Manager of Corpus Christi effective May 2, 2011
and authorizing an employment contract as negotiated and agreed to by the City Council
and Mr. Olson.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Strong was absent.
* * * * * * * * * * * **
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:03 p.m. on March 22, 2011.
* * * * * * * * * * * **
2
a. COMMISSION ON CHILDREN AND YOUTH — One (1) vacancy with term to 5 -1-
11 representing the following category: Business. (Since the term ends on 5 -1 -11, it is
recommended the appointment be for a new three -year term ending 5- 1 -14.)
DUTIES: To support a comprehensive system of services and advance policies to meet
the needs of Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City
Council. One member shall be representative of each of the following fields: Health,
Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services,
Sheriff's Office, and the District Attorney's Office. One member shall be a youth
representative from 16 to 21 years of age at time of appointment. Each appointee shall
have demonstrated interest in the welfare of children or youth through occupation or
through association with community -based organizations. (On 1040 -95, Council
approved the addition of a Police Officer to serve as an Advisory Member to be
appointed by the Police Chief.)
ORIGINAL
MEMBERS TERMS APPTD, DATES
Debbie Espinosa (Health) 5 -01 -12 8 -12 -08
Charles Imbergamo (At Large) 5 -01 -12 5 -11 -10
Dr. Ridge Hammons (At Large) 5 -01 -13 541 -10
Betty Trigo (Social Services) 5 -01 -11 5 -11 -10
Robert Mirabal, Jr. (Religion) 5 -01 -13 5 -13 -08
** *Laura Spear Smith (Business) 5 -01 -11 5 -17 -05
Guy Nickelson (Youth Services), Chair 5 -01 -12 11 -08 -05
Sally Ann Lewis (Education) 5 -01 -13 5 -11 -10
Delia Oliveira (At Large) 5 -01 -11 5 -11 -10
Isaac Valencia (Law Enforcement) 5 -01 -11 5 -13 -08
Fran Willms (Legal) 5 -01 -12 9 -25 -07
Ariana Cordero (Youth Rep.) 5 -01 -13 5 -11 -10
Rita Morales (D.A.'s Office), Vice -Chair 5 -01 -12 9 -12 -06
Lt. Tara Rene Martin (Sheriff's Office) 5 -01 -13 10 -13 -09
Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95
(The Commission on Children and Youth are recommending the new appointment of
Danny Kollaja (Business).
INDIVIDUALS EXPRESSING INTEREST
Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
* * * *Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
Jacey Jetton
Danny Kollaja
Manager, Galaxy Glow Mini Golf, LLC. Received
Associates of Business from Northwood University at
Cedar Hill, Texas. Served in the Hawaii Army National
Guard. (5- 18 -09)
Self - Employed, Lanky the Clown and Administrator, St.
Philip the Apostle Catholic Church. Received a Bachelors
Degree from Corpus Christi State University. Activities
include: Big Brothers/Big Sisters, American Red Cross,
American Heart Association, Corpus Christi State School,
Clowns of America International, Inc. and Driscoll
Children's Hospital. Recipient of Volunteer of the Year,
1985. (5 -1 -10)
b. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Two (2)
vacancies with terms to 7 -12 and 7 -14 representing the following category: 2- Agent,
Employee or Tenant of Resident of District, Owner of Property within the District or
Owner of Stock or Corporate owner of Property within the District. (Directors are
chosen through the recommendation of the board and the approval of the City
Council.)
DUTIES: The district will provide maintenance, security, marketing, and the promotion
and improvement of property and facilities within the district; the district has the
authority to levy taxes or assessments for improvements in the downtown area.
COMPOSITION: The board is composed of at least nine but not more than thirty
directors, serving four -year staggered terms. Directors must represent one of the
following categories: a resident of the district; an owner of property in the district; an
owner of stock, whether beneficial or otherwise, of a corporate owner of property in the
district; an owner of a beneficial interest in a trust that owns property in the district; or an
agent, employee or tenant of one of the above. Per the Texas Local Government Code,
succeeding directors are chosen through the recommendation of the board and the
approval of the City Council.
ORIGINAL
BOARD MEMBER TERM APPTD. DATE
Raymond Gignac (PO) 07 -12 08 -21 -01
EIoy Salazar (PO), Chair 07 -14 07 -27 -04
George Clower (A/E/T) 07 -14 07 -15 -08
Wayne Lundquist (A/E/T) 07 -12 08 -22 -00
Wes Hoskins (PO) 07 -12 08 -22 -00
Mark Adame (A/E/T) 07 -14 08 -22 -00
Glenn R. Peterson (PO) 07 -14 06 -08 -10
Casey Lain (PO) 07 -14 06 -08 -10
***Nils Stolzlechner (A/E/T) 07 -14 06 -08 -10
David Loeb (A/E/T) 07 -14 08 -21 -07
Dee Dee Perez (A/E/T) 07 -14 06 -08 -10
Rachelle Graham (A/E/T) 07 -12 06 -08 -10
** *Eric Ward (A/E/T) 07 -12 06 -09 -09
Dan Richter (P0) 07 -14 09 -11 -01
Chad Magill (A/E/T) 07 -12 08 -22 -06
R - Resident of District
PO - Owner of Property within the District
SO - Owner of Stock or Corporate owner of Property within the District
A/E/T - Agent, Employee or Tenant of one of the above
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
* * * * *Has met six -year service limitation
(The Corpus Christi Downtown Management District is recommending the new
appointments of Tim Heuston (AIEIT) and Christopher Lawrence (AIEIT).
Tim Heuston Self - Employed. John Deere Agriculture Salesman.
Apartment Developer and Owner. (AIEIT) (3- 24 -11)
Christopher Lawrence
Owner, Serendipity, TPRG. Activities include: BBCA,
Concert Ballet, and Downtown Management District.
Served as an Ambassador for the Corpus Christi Chamber
of Commerce. (AIEIT) (3- 17 -11)
c. WATERSHORE AND BEACH ADVISORY COMMITTEE — One (1) vacancy with
term to 12 -11 -11 representing the following category: 1— at large member.
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.
ORIGINAL
MEMBERS TERM APPTD. DATE
Joanna Mott (Scientist) 12 -11 -12 12 -11 -07
Cameron Perry (Engineer) 12 -11 -11 12 -14 -10
Jake Herring (Environmentalist), Chair 12 -11 -11 12 -11 -07
John Powell (Hotel /Condo Owner) 12 -11 -12 01 -12 -10
Keith Arnold (CVB) 12 -11 -11 12 -14 -10
Neil McQueen 12 -11 -11 12 -11 -07
***Charles Marschall 12 -11 -11 04 -27 -10
JoAim Gilbertson 12 -11 -12 12 -11 -07
Cody Bates 12 -11 -12 12 -14 -10
(The Watershore and Beach Advisory Committee is recommending the new
appointment of either Tyler Brown, Stephanie Dovalina or Jay Gardner.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Sheila O'Connor Allen
Retired Deputy District Attorney, Los Angeles County,
California. Received J.D. from University of California -
Hastings College of the Law. Activities include: AARP.
Former Legal Aid Volunteer, Volunteer Income Tax Aide
and Accountant. (9- 23 -10)
Andi Baker Realtor, Keller Williams Realty. Received BBA from
University of North Texas. (9- 23 -10)
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
Captain Ron Behnke
Curt L. Broomfield
Tyler Brown
Ivan A. Cavada
Cristi J. Caviness
Bob Copes
Timothy Scott Craig
Brian Thomas Doggett
Stephanie Dovalina
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)
Adjunct Faculty, Del Mar College. Received a A.S. in
Biology from Del Mar College and a B.S. in Biology from
Texas A &M University- Corpus Christi. Currently
Pursuing a Masters Degree in Biology. Recipient of
Honorable Mention -2009 National Science Foundation
Graduate Research Fellowship Program, Golden key
International Society Inductee and Phi Theta Kappa
Inaugural Inductee. (9- 22 -10)
Sharon Emerson
Robert Forest
Shannon Gabriel
Jay Gardner
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)
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, Naisniith 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)
Issac Gonzales Customer Service Representative, Signature Flight Support.
Attending Del Mar College. (5- 11 -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)
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)
Jerry Lipstreu
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)
Victor Menard
Gary J. Meurer
Ronald J. Moore
Mohamad Omar
Charles Pendlyshok
Guadalupe V. Salinas
Lyndon Smiling
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)
Director- Project Management, Strike Construction, LLC.
Received a B.S. in Civil Engineering from Texas A &M
University. Registered Professional Civil Engineer.
Recipient of Corpus Christi Business Alliance Top 40
Under 40 Award. (3- 14 -11)
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)
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)
Administrative Assistant, Pathfinder Energy /Smith
International. (8- 24 -09)
Project Manager, Derco Aerospace. Retired United States
Navy. Received BS in Technical Management from
Embry - Riddle Aeronautical University. Currently enrolled
in Master of Science Program. (11- 18 -10)
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/29/2011
AGENDA ITEM:
RECOMMENDATION: Motion approving a supply agreement with Nardis, Inc., Kilgore, Texas for
police uniforms, in the amount of $64,914.40, of which $21,638.13 is required in FY2010 -2011. The
term of the contract will be for twelve months with an option to extend the contract for up to two
additional twelve -month periods, subject to the approval of the supplier and the City Manager or
designee. The award is in accordance with the General Services Administration (GSA) Federal
Supply Schedule 84 Cooperative Purchasing Program. Funds have been budgeted by the Police
Department in FY 2010 - 2011.
ISSUE: To establish a supply agreement for trousers and shirts wom by police officers.
REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council.
CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted.
Michae :arrera
Assistant Director of Financial Services
mikeb @cctexas.com
361 -826 -3169
BACKGROUND INFORMATION
Ali options to extend the previous contract have been exercised, requiring the City to establish a new
contract for police uniforms.
Award Basis:
The police uniforms are made available under the General Services Administration (GSA) Federal
Supply Schedule 84 Cooperative Purchasing Program GS- 07F- 0596T.
Price Comparison
When compared to the police uniforms purchased in February of 2008, pricing has increased
approximately 10 %.
Measurements and Fitting
The contractor will be required to measure police officers and perform custom fittings which include,
but are not limited to: shirt tapers, waist tapers, crotch tapers, as well as any alterations required to
ensure a proper and professional fit. Although Nardis, Inc. is located in Kilgore, Texas a
representative will meet with the Corpus Christi Police Department every two weeks to measure and
fit police officers for uniforms.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: SAVANNAH KIRKPATRICK
COUNCIL DATE: MARCH 29, 2011
PRICE SHEET BI- 0094 -11
POLICE UNIFORMS
Item Description
Qty.
Unit
Nardis, Inc.
Kilgore, Texas
Unit Extended
Price Price
1 Trousers, Police Personnel Male 350 Pairs $71.44 $25,004.00
Blauer Street Gear 8980 (rayon blend with
cargo pocket), dark navy.
2 Trousers, Police Personnel Female 10 Pairs 71.44 714.40
Blauer Street Gear 8980 -W (rayon blend
with cargo pocket), dark navy.
3 Trousers, Police Personnel Male 100 Pairs 62.69 6,269.00
Blauer Street Gear 8950 (rayon blend)
dark navy.
4 Trousers, Police Personnel Female 10 Pairs 62.69 626.90
Blauer Street Gear 8950 -W (rayon blend)
dark navy.
5 Shirts, Police Personnel Male, Blauer 89.10, 600 Each 49.57 29,742.00
Dark Navy.
6 Shirts, Police Personnel Female, Blauer 30 Each 49.57 1,487.10
8910 -W, Dark Navy.
7 Additional Cost of Zipper Per Shirt 180 Each 5.95 1,071.00
Totals
*Note: Quantities remain the same. However, the distribution of quantities
between trousers with and without cargo pockets & shirts with and without
zipper has been reallocated.
$64,914.40
4
• CITYCDt
AGENDA ME
- • "
-=-01ty,.00911eIll,Adtion 1:lfata.;. 03/2912011.
AGENDA ITEM:
A 'Motion; authorOng the City Manager or designee to accept suPpletrehtal grantfUnding,in the amount
of SIZZOO:frotyl the :Executive Office of the .President, OffiCe.Of National Drug Contro1PO110;,to
suppott the:POI:ice Departments role ihthe Texas COaStal:Corridorinttiative In the FIOOStOn' High,
Intensity Drug Trafficking Area:
B. Ordinance appropriating $12,208: in the No low Polite Qtanteturkci_frorn the ofthe
President Office of National Drug..COntrbi POW to support the polo. popartrrierti4-'folityt*Toxg
CoaStal Corridor Initiative in the Houst011 High InteriSity Orpg,ttaffick[rig Ashioqiancf Apqtaring- an
-
ettiargericy.
C Motion atithoriting the City.Mailager or designee to04pli*4Lipprornero grarit furitting.:ih the amount
Of $21 ,060 from the Execi4NaciffiCe of thp.PrOidoptj..,*0:6 atonal Drug Oontiti-POltqi:
: to
support the Poil0e Department a rolelp the Texas -Coastal Corridor Initiative In the Houstoti.:High
intensity Dru g Trafficking Area.
D. Ordinance agriro00tirg P1 ,060 in the No.1061 Pace Grants fund' ROO the Executive Office of the
.
Ft-reeklOht Pflige..Of -National Drug Control Policy to support the Police Departments role in me Texas
.0ogatal Corridor Initiative1h the Houston -High intensity Drug Trafficking Area and lecIaring.art
emergency.
issJE The-Oftloe of:National Ow Control Policy is proVidihg additioriat.gratittindSlof the City to
participate ir the Texas: doaatal Corridor High -Intensity Drug Trafficking-Ares initiatiVa(HIDTA).
BACKpROUND:INFORMATIO* The Corpus Christi POlideDepattrtientiS in thel4thyeer As 0
p02111-pan ikthe.Texee-Ooaetel Oorhclor-H411.1htehSgy Drug Trafflacing Area Initiative created by the-
OceoUtiVe Office t.,ifiiie-Pretidenti Office of National Drug Control -NI*. The rirOgra0-fOtriSet On this
speCifiogeograpnio'area.becaute It serves.aSA Wridult for nerbotiCe irito-'01(0,US Christi and other
metropolitan Cities:as-vied as alOdetion fOrmOney lauridererS4o:cOnduaillegitimate-pusinesses with a
consumer loaSeithataffects the iced 000UlatiOn.' With tatiddalcOirne. TnelegitiOrlet f.110;i$: will PtolAtIa for
kiditiOnal talariet:and frihge bettefitCalOrMviththe piitrobaskOt additional cameras, 000010;
docurnent scartiters, and OPS for LieeNthe:OffioArs:assigned to the. HIDE grant
REQUIRED .Cou:Npit. ACTION: Accepting the.supplernental grant aWardegnci appropriating the: funds.
CONCLUSION AND..REOOMMENOATION; Staff recommends accepting the grant awards and
appropriating the.:futti4..
Attachments:
/Grant award documents
— 2 9
D. Troy Riggs
Chletof.Poilc.
trovracctexas.com
886-2603
Executive Office of the President
Office of National Drug Control Policy
AWARD
Grant
Page 1 of 1
1. Recipient Name and Address
Chief Bryan Smith
Corpus Christi Police Department
321 John Sartain Street
Corpus Christi, TX 78403
4. Award Number: I8PHNP517Z
5. Grant Period: From 01/01/2008 to 06/30/2011
1A. Subrecipient IRSNendor No.
6. Date: 1/4/2011
Subrecipient Name and Address
8. Supplement Number 4
7. Action
Initial
Supplemental
2A. Subrecipient IRSNendor No.:
9. Previous Award Amount:
-
$218,493.00
3. Project Title
Texas Coastal Corridor Initiative
10. Amount of This Award: $12,208.00
11. Total Award: $230,701.00
12. The above Grant is approved subject to such conditions or limitations as are set forth in the original
award.
13. Statutory Authority for Grant: Public Law 110 -161
14. Typed Name and Title of Approving Official
Arnold R. Moorin
National HIDTA Director
15. Typed Name and Title of Authorized Official
i�ayE6GS
Chief
Corpus Cr w=ooer .: _•• t
atur of Ap rbving ONDCP Official
TA)
17. Signature of Authorized Recipient/Date
18. Accounting Classification Code
DUNS: 069457786
EIN: 1746000574A5
19. HIDTA AWARD
ONDIOB3SE0809
OND2000000 OC 4101
JID: 23952
Executive Office of the President
Office of National Drug Control Policy
AWARD
Grant
Page 1 of 1
1.
Recipient Name and Address
Chief Bryan Smith
Corpus Christi Police Department
321 John Sartain Street
Corpus Christi, TX 78403
4. Award Number: I8PHNP517Z
5. Grant Period: From 01/01/2008 to 06/30/2011
1A. Subrecipient IRS/Vendor No.
6. Date: 1/4/2011
Subrecipient Name and Address
8. Supplement Number 3
7. Action
Initial
Supplemental
2A. Subrecipient IRS/Vendor No.:
9. Previous Award Amount: $197,433.00
3. Project Title
Texas Coastal Corridor Initiative
10. Amount of This Award: $21,060.00
11. Total Award: $218,493.00
12. The above Grant is approved subject to such conditions or limitations as are set forth in the original
award.
13. Statutory Authority for Grant: Public Law 110 -161
14. Typed Name and Title of Approving Official
Arnold R. Moorin
National HIDTA Director
15. Typed Name and Title of Authorized Official
C
Corpus Christi Police Department
16. Signat e ofjApprovig ONDCP Official
17. Signature of Authorized Recipient/Date
18. Accounting Classification Code
DUNS: 069457786
EIN: 1746000574A5
OND10B3SE0809
OND2000000 OC 4101
JID: 23868
ORDINANCE
APPROPRIATING $12,208 IN THE NO. 1061 POLICE GRANTS FUND
FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF
NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE
DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR
INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING
AREA; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $12,208 is appropriated in the No. 1061 Police Grants Fund from
the Executive Office of the President, Office of National Drug Control Policy to support
the Police Department's role in the Texas Coastal Corridor Initiative in the Houston
High Intensity Drug Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the day of March, 2011.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary - Joe Adame, Mayor
Approved as to form: March 15, 2011.
T.r'1' ' a Dang
As istant City Attorney
For City Attorney
Corpus Christi, Texas
day of , 2011
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
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
ORDINANCE
APPROPRIATING $21,060 IN THE NO. 1061 POLICE GRANTS FUND
FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF
NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE
DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR
INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING
AREA; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $21,060 is appropriated in the No. 1061 Police Grants Fund from
the Executive Office of the President, Office of National Drug Control Policy to support
the Police Department's role in the Texas Coastal Corridor Initiative in the Houston
High Intensity Drug Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the day of March, 2011.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to form: March 15, 2011
T. a Deng
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
day of , 2011
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
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/29/2011
AGENDA ITEM:
A. Motion authorizing the City Manager or designee to accept a grant in the amount of
$327,931.90 from the Texas Ranger Division, Texas Department of Public Safety, for funding
eligible under the Local Border Security Program FY 10/11 and to execute all related
documents.
B. Ordinance appropriating $327,931.90 from the Texas Ranger Division, Texas Department of
Public Safety in the No. 1061 Police Grant Fund for overtime associated with the Local Border
Security Program, and declaring an emergency.
ISSUE: Funds are available for the Police Department to assist the Texas Department of Public
Safety under the Local Border Security Program.
BACKGROUND: The Police Department will assist the Texas Department of Public Safety on an
overtime basis with operations for border security. This will be the third year we have received
funds through this program. Overtime and associated mileage will be reimbursed.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds.
FUNDING: There is no match required for the grant. The program period is April 1, 2011 through
August 31, 2011.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating
the funds.
D. Troy Rigg
rif(4
Chief of Poli
troyr( cctexas. co rm
886 -2603
Attachments:
• Award document
NOTICE OF GRANT AWARD
TEXAS RANGER DIVISION
Program Title:
Local Border Security Program FY10/11 (LBSP -11)
Funding Instrument:
General Appropriations Act, Rider 52, 81STLegislature
Administered by:
Texas Ranger Division
Texas Department of Public Safety
P.O. Box 4087
Austin, Texas 78773 -0600
Ranger Grant Number:
LBSP110006
Recipient
City of Corpus Christi Police Department
Amount of Grant:
$327,931.90
Period of Grant:
April 1, 2011 through August 31, 2011
Return Signed Original to:
Texas Rangers Division
Texas Department of Public Safety
Attention: Pamela Webb
P.O. Box 4087
Austin, Texas 78773 -0600
AGENCY APPROVAL
GRANT ACCEPTANCE
Deputy Assistant Director
Printed Name: r 'y\ C i
Title:
<1. Ro s C,
m pr7u46
L m 3
Date:
Date:
Return Signed Original to:
Texas Rangers Division
Texas Department of Public Safety
Attention: Pamela Webb
P.O. Box 4087
Austin, Texas 78773 -0600
ORDINANCE
APPROPRIATING $327,931.90 FROM THE TEXAS RANGER DIVISION,
TEXAS DEPARTMENT OF PUBLIC SAFETY, IN THE NO. 1061 POLICE
GRANTS FUND FOR OVERTIME ASSOCIATED WITH THE LOCAL
BORDER SECURITY PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $327,931.90 is appropriated in the No. 1061 Police Grants Fund
from the Texas Ranger Division, Texas Department of Public Safety, for overtime
associated with the Local Border Security Program.
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this the day of March, 2011.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to former: March 15, 2011
T. Dsha Dang
As istant City Attorney
For City Attorney
Corpus Christi, Texas
day of , 2011
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
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/29/11
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas Department of
Public Safety, Governor's Division of Emergency Management, in the amount of $16,774.20, for
hazardous materials emergency preparedness planning activities, in the No. 1062 Fire Grants Fund.
B. Ordinance appropriating $16,774.20 from the Texas Department of Public Safety, Governor's Division
of Emergency Management, Hazardous Materials Emergency Preparedness (HIMEP) Grant Program in
the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and
broadcast of public service announcements, and to conduct an emergency response exercise and
activities, with a cash or soft match of $5,975.80; and declaring an emergency.
ISSUE Nueces County is a highly industrialized community with a high risk for emergencies
involving hazardous materials. Nueces County has major hazardous material highway transportation
routes (i.e. 111-37; US 77; US 181), hundreds of miles of pipelines (represented by 69 companies),
major railways (Kansas City Southern Railroad Company and BNSF Railway Company), over 10
major petroleum/chemical plants, a military base, and the 7th largest port in the U.S. In 2010, over
340 facilities reported using, storing, or manufacturing a hazardous substance or extremely
hazardous substance above its Threshold Planning Quantity. Over 90 percent of the County's
317,000 people live within 10 miles of a "high risk" area. The general public requires constant
education on the potential risks and proper actions to take in a chemical emergency; additionally
local responders need continual training and practice in responding to such an event.
REQUIRED COUNCIL ACTION: Council approval.
PREVIOUS COUNCIL ACTION: On August 17, 2010 Council approved a resolution authorizing the City
Manager, or designee, to submit a grant application to the Texas Department of Public Safety Division for
Hazardous Materials Emergency Preparedness Planning.
CONCLUSION AND RECOMMENDATION Staff recommends approving the ordinance to appropriate a
grant in the amount of $16,774.20 received from the Texas Depa►tntent of Public Safety Division of
Emergency Management for Hazardous Materials Emergency Preparedness Planning
Attachments
1. Resolution and Ordinance
2. Award Letter
//.
ALAI
Rigs : Hooks
e Chief
RLH@cctexas.com
(361) 826 -3932
The following counties requested funds:
• Greater Houston for $65,744 for a Commodity Flow Study (CFS)
• Parker County, $42,063 for a CFS
• Fort Bend Co., $56,686 for a CFS
• Deer Park, $48,960 for a CFS
• Lubbock Co., $90,192 for a CFS
• Corpus Christi/Nueces Co., $22,750 for an exercise
• Galveston Co., $5,500 for an exercise
• La Porte, Morgan's Point, Shoreacres, $26,000 for an exercise
• Potter, Randall and Moore Counties for $77,126 for a CFS
• VictoriaNictoria County, $92,570 for Community Outreach
• Greater Baytown/Chamber County, $60,000 for an exercise
• Total: $587,591
Commodity Flow Stu
LEPC CPS
Funds Requested
Funds Approved
LEPC Match
Total
Greater Houston
$51,729
$51,660
$13,996
$65,656
Parker Co.
33,096
34,655
9,390
44,045
Harris Co./Deer Park
38,523
30,307
8,212
38,519
Lubbock Co,
72,154
59,098
16,014
75,112
Fort Bend Co.
44,602
44,265
11,993
56,258
$279,590
$2402104
$219,985
$59,605
Exercise/Outreach
LEPC
Funds Requested
Funds Approved
LEPC Match
Total
Corpus Christi/Nueces Co.
$18L200
$16,774.20
$5,975.80
$22,750
LaPorte, et al
20,800
19,170.50
6,829.50
26,000
Galveston Co.
4,400
4,055.30
1,444.70
5,500
$43,400
$40,000.00
$ I4,250.00
$54,250
The ranking of the applicants and the distribution of funds has been disseminated for final approval by the
members.
The meeting was adjourned at 5:10 p.m.
Approved,
Nim Kidd, CEM
Assistant Director
Texas Department of Public Safety
Chief
Texas Division of Emergency Management
WNK: jni
EQUAL OPPORTUMTYEMPLOYER
COURTESY • SERVICE • PROTECTION
-46-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY,
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, IN THE
AMOUNT OF $16,774.20 FOR HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS PLANNING ACTIVITIES, IN THE NO.
1062 FIRE GRANTS FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to accept a grant from the
Texas Department of Public Safety, Governor's Division of Emergency Management, in
the amount of $16,774.20 for hazardous materials emergency preparedness planning
activities, in the No. 1062 Fire Grants Fund.
SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the Texas Department of Public
Safety, Governor's Division of Emergency Management.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 9, 2011
By:
T. Trisha Dang
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
Corpus Christi, Texas
of , 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
Resolution Vote Sheet
—48—
1
ORDINANCE
APPROPRIATING $16,774.20 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT, HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS (HMEP) GRANT PROGRAM IN THE NO. 1062 FIRE
GRANTS FUND FOR PUBLIC AWARENESS BROCHURES, SCHOOL
BOOK COVERS, PRODUCTION AND BROADCAST OF PUBLIC
SERVICE ANNOUNCEMENTS, AND TO CONDUCT AN EMERGENCY
RESPONSE EXERCISE AND ACTIVITIES, WITH A CASH OR SOFT
MATCH OF $5,975.80; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $16,774.20 is appropriated from the Texas Department of Public
Safety, Governor's Division of Emergency Management, Hazardous Materials
Emergency Preparedness (HMEP) Grant Program in the No. 1062 Fire Grants Fund
for public awareness brochures, school book covers, production and broadcast of
public service announcements, and to conduct an emergency response exercise and
activities, with a cash or soft match of $5,975,80.
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 this the of March, 2011.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved as to form March 9, 2011
T. Trisha Deng
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
day of 2011
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
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
STEVEN C. McCRAW
DIRECTOR
LAMAR BECIONORTH
CHERYL MaeBRIDE
DEPUTY DIRECTORS
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD • BOX 4067 • AUSTIN, TEXAS 78773-0001
5121424 -2000
www.txdps.state.tx.us
December 29, 2010
Re: Hazardous Material Emergency Planning (HMEP) Grant FYI 1
Dear HMEP Grant Applicants:
COMMISSION
ALLAN B, POLUNSKY, CHAIR
C. TOM GLOM, JR.
ADA BROWN
JOHN STEENCARIN MARCY
BARTH
Thank you for your interest in the FYI 1 Hazardous Material Emergency Planning grant program. The State
Emergency Response Commission (SERC) HMEP Grant Approval meeting convened at 2:00 p.m.,
December 14, 2010 at the Texas Department of Public Safety in the Emergency Operations Center
Governor's Conference Room.
Members present:
Others present:
Chuck James, Texas Engineering Extension
Major G. R. "Willie" Gonzalez, Texas Parks and Wildlife Department
Jeannie Lecklider, Texas Department of Transportation
Jeff Lewellin, Texas Commission on Environmental Quality
Kelly W. Cook, Texas Commission on Environmental Quality
Don Loucks, Texas Division of Emergency Management
Lisa Langley, Texas Division of Emergency Management
Sharrel Banks, Texas Division of Emergency Management
Don Loucks, Hazardous Material Emergency Preparedness (HMEP) Program Officer, opened the meeting by
welcoming all attendees. Don gave a brief overview of the HMEP program and explained the application
review process. There were 11 eligible applications submitted, requesting $587,591 in grant funding. Texas
Department of Emergency Management (TDEM) allotted $260,556 for FY 11 Local Emergency Planning
Committee (LEPC) Planning Grants.
The purpose of the grant proposal and grant award process was reviewed. Recommended projects and
funding for each LEPC, along with background information were passed out and discussed in detail. Because
the amount of funds requested was more than TDEM allowed, each application was reviewed and scored by
the SERC members for potential funding.
The following LEPCs were not awarded grants: VictoriaNictoria Co., Greater Baytown/ Chambers Co.,
Potter, Randall & Moore Counties_
EOUAL OPPORTUNITY EMPLOYER
COURTESY • SERVICE • PROTECTION
--51
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 29, 2011
AGENDA ITEM:
Ordinance authorizing the resale of eight (8) properties for $25,300.00 which were foreclosed upon
for failure to pay ad valorem taxes, of which the City shall receive $2,885.19, plus $1,476.35 for
partial payment of City paving and demolition liens; and declaring an emergency.
ISSUE:
Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to
collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of
the respective taxing entities approve the resale of these properties. Bids have been received for each
of these seven properties, and approval of this Ordinance will authorize the Nueces County Judge to
execute a resale deed for the properties.
REQUIRED COUNCIL ACTION:
Approval of the proposed Ordinance authorizing the resale of the listed properties.
CONCLUSION AND RECOMMENDATION:
Staff recommends that City Council approve the proposed Ordinance in order to place the properties
back on the tax roll.
Constance P. Sanchez, CPA, CPM
Interim Director of Financial Services
ConstanceP @cctexas.com
(361) 826 -3227
Attachments
BACKGROUND INFORMATION
Properties within the City of Corpus Christi are periodically foreclosed due to non - payment of ad
valorem taxes. The city has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson,
L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are
exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public
auction by the Sheriff The opening bid at the "Sheriffs sale" is set by law and must be either the
aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged
value of the property, whichever is lower. (The adjudged value is the value stated on the face of the
judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal
District.) If nobody is willing to pay the opening bid amount for the property, the Sheriff strikes it
off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent
taxes.
The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the
property, and will solicit purchase offers from the public. When an offer or offers are received, they
then bring the highest offer forward for consideration and action by the governing bodies of the
involved taxing entities. All the entities must approve the offer, or it is rejected.
The law film has proposed the resale of eight (8) properties at the bid prices listed in Exhibit A. The
monies received from this sale will be distributed pursuant to the property tax code. The net
proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds
are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to
receive a total of $2,885.19 from the sale, plus $1,476.35 for partial payment of City paving and
demolition liens.
Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the
properties listed so they can be returned to the property tax roll for the upcoming year.
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Page 1 of 18
-57-
LINE 3ARGER GOGGAN BLAIR ` &. -SAMPSON, LLP
ArroRNEYS. A7 r.AW
SOO.N.9f1OREI:INfi,•SUri 1-f I'
cotif'r7S'Cf1RISTl," RXAS 78471
061)swum'
PAX'(361) $88,4405
March 11, 2011
Constance Sanchez
Interim Director of Ilinancial Services
City of Corpus Christi
POB 9277
Corpus Christi, Texas 78469 -9277
Re: Consideration of bids: received for Tax Resale Properties
Dear Ms, Sanchez,
As you are aware, our firm represents the City of Corpus Christi in the celleetion of
delinquent property taxes. As part of our overall effort. to collect delinquent taxes in the City of
Corpus Christi and the other taxing entities in Nueces County, we: regularly post properties fai "tax
sale by the Nueces County Sheriff.. At the sale, .if there are no bidders willing to offer the niininu n
opening bid amount, the property is Off'` to the Nimes County taxing entities forthe arount
due against it A Sheriff's Tax Deed is filed in the name ofNueees County, as Trustee for all of the
taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and
when we receive purchase offer, we bring it forward to the taxing entities for their consideration
and action, in accordance with the Texas Property Tax Code.
Enclosed please.f;irid bird analyses and Maps for eiglit,tax resele:prOperti'es for which we have
received purchase offers. We:1espectfully request that you place these offers on the CityColweil's
agenda for the Council's consideration and action: at their next available regular' meeting. It the
Council approves ail eight bids as submitted, the City will receive $2,885.19 in .delinquent tax
revenue, $1,476.35 hi payment of demo and paving liens, and restore as much as $192,954x00 in
taxable property value to the tax rolls. Please let me know as soon as possible when the meeting date
is confrme.d, in the meantime, if you have any questions'regarding this Matter, please contact meat
your earliest convenience.:
Sincerely,
�ez
Marvin Leary
Area Manager
Enclosures: Bid analyses and maps.for 8 tax resale properties
—58—
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit NUmber &. Style. 07400341 Nueces County.m.pregoia lat..tinez
Tax ID# & -Legal: 789140054160; Lort18,. WWI SOIKOI Addition
Property Location: 709 Bess St. - Corpus Christi
Date of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Salo:
Current Value:
% of Total Due:
% of Current Value:
August 4, 2009
17,060,61
800.00
1,152.50
2,500-.00
4,48%
32.00%
Entity Name
Amount Due
Each Entity
Amount You
Will Receive
Nueces COunty
795.01
— 0 ----
Nueces County Education District
155.71
--- 0
City of Corpus Christi
848.81
— c —
Corpus Christi Independent School District
tondo
:Del Mar College
283.23
—
City Paving & Demo Liens
13,955,54
—
A VACANT LOT, 25 FT, X 100 FT. LOCATED NEAR THE NEW ZAVALA
ELEMA:NTARY SCHOOL.
THE PF?OPESPECTIVE BUYER LIVES NEXT DOOR TO THE PROPERTY.
THE PROSPECTIVE PURCHASER IS ANDRES DE LEON OF CORPUS CHRISTI
—59—
1634
Exhibit A
Page 3 of 18
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Exhibit A
Page 4 of 18
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Sult Number & Style:
Tax ID# & Legal:
Property Location:
Date of Sala:
Amount Due All Entities:
Amount of Offer:
Cost of Sale:
Current Value:
% of Total Due'.
% of Current Value:
08-1928-P; Nueces County vs. Thomas L. Carlisle
1055-0080-0030; Lots 3 and 5, Block 80, Brooklyn
Addition
3805 Seagull Blvd. - Corpus Christi
October 6, 2.010
9,319.25
7,500,00
1,158.60
32,176.00
80.40%
.23.31%
Entity Name
Amount Due
Each Entity
Amount You
Will Receive
Nueces County
1,66622
1,133.21
Nueces County Education District
City of Corpus Christi
1,856.18
1,262.40
Corpus Christi Independent School District
4,24627
2,889,47
Del Mar College
774.11
526.76
City Paving & Demo Liens.
778.37
529.66 ,
THIS PROPERTY CONSISTS OF ADJOIAI1NG VACANT LOTS, 100 FT X 130 FT.
TOTAL, IN NORTH BEACH JUSTEAST OF HWY 181.
THE PROSPECTIVE PURCHASER IS LEE SCHMITT OF LANCASTER, TEXAS
-61-
1657
61 -
1657
Exhibit A
Page 5 of 18
STATE: HiGHWislr 181
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ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
Date. of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Sale:
Current Value:
%o of Total Due:
% of Current Valuer
Entity Name
Nueces County
06- 5192 -N; Nueces County vs. Maria Bazan Nunez
4032.0002. 0060.; Lot 6, Block 2, La Arboleda Addition
2514 Nimitz - Corpus Christi
January 4, 2011
8,52.8.16
2,OOOa00
1,231.50
20.,281.00
9.86%
Nueces County Education District
City of Corpus. Christi
Corpus Christi Independent School District
Del Mar College
City Paving & Demo Liens
Amount Due
Each Entity
1,551.93
1,681.18.
:3,919,24
687.95
Amount You
V`Iill Receive
139.85
1 51.50
3.5$:,18
61.99
61.99
A WOOD FRAME HOUSE ON PIERS ON A 42 FT X 96. FT LOT, LOCATED NEAR
THE INTERSECTION OF PORT AVE. AND TARLTON,
THE HOUSE IS IN EXTREMELY POOR 'CONDITION AND NEEDS TOTAL
RENOVATION THROUGHOUT TO MAKE IT HABITABLE.
THE PROSPECTIVE PURCHASER IS GILBERT ZAMORA OF CORPUS CHRISTI
1 680
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Exhibit A
Page 8 of 18
ANALYSIS OF OFFR- RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID#8, Legal:
Property Location:
Date of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
06-5100-F; Nueces County VS. L, D. Sanders
8013-006-0016; Lot 1, Biotic 5 Shoreline Park
Addition
2214 Lexington Ave, - Corpus Christi
January 4, 2011
19,790.57
1,500.00
1,301.60
19,199,00
7,58%
7.81%
Entity Name
Amount Due
Each Entity
Amount You
Will Receive
Nueces County
2,250.03
15.75
Nueces County Education District
City of Corpus Christi
2,437.26
17.06.
Corpus Christi Independent School District
5,682.02
39.76
Del Mar College
996.52
6.97
City Paving & Demo Liens
8424.74
58.96
A WOOD FRAME HOUSE ON PIERS WITH DETACHED GARAGE ON A 53 FT. X
119 FT LOT AT THE CORNER OF LEXINGTON AND WEST aROADWAY IN
THE HOUSE AND GARAGE ARE IN EXTREMELY POOR CONDITION AND NEED
COMPLETE RENOVATION TO MAKE THE PROPERTY HABITABLE
THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI
—65—
1681
[ Exhibit A
Page 9 of 18
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Exhibit A
Page 10 of 18
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property l_ocation:
Date of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Sale;
Current Value:
% of Total Due:
% of Current Value:
09-1261-B; Nuec.es County vs. Alvin Sexton
7626-0004-0030;. Lot 3, Block 4, San Juan Addition No.
3
1009 Clarkwood Rd..- Corpus Christi
January 4, 2011
2,187.10
3,000.00
1,157.50
5,053.00
137.17%
59,37%
Entity Narne
Amount Due
Each Entity
Arnount.You
Will Receivo
Nueces County
458.40
386.17
Nueces County Education District
City of Corpus Christi
435.87
367.19
Tuloso Midway Independent School District
1,121.22
94456
Del Mar College
171.61
144.57
A VACANT LOT, 45 FT. X 112 FT., LOCATED 1,5 MILES SOUTH OF HWY 44 ON
CLARKWOOD RD.
THE PROSPECTIVE PURCHASER IS LEE SCHMITT OF LANCASTER, TEXAS
—67—
1666
Exhibit A
Page 11 of 18
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Exhibit A
Page 12 of 18
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
Date of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
08-1899-B; Nueoes County vs. Albino Mark
3463-0004-0070; Lot 7, Blitielt 4, Hilltop Terrace
Subdivision
419 Fairview Dr. - Corpus Christi
February 1, 2011
13,111.27
3,500,00
1,836.50
27,799.00
26.69%
12.59%
Entity Name
Amount 0.ue
Each Entity
Amount You
Will Receive
Nueces County
2,562.,88
325.17
Nueces County Education District
City of Corpus Christi
2,857,53
362,55
Corpus Christi Independent School District
6,494.53
824,00
Del Mar College
1,196,33
151.79
A SMALL WOOD FRAME HOUSE ON PIERS ON A 55 FT. X 13Z FT. LOT LOCATED
OFF OLD ROBSTOWN RD., NEAR DRISCOLL MIDDLE SCHOOL.
THE HOUSE IS IN POOR CONDITION AND NEEDS EXTENSIVE RENOVATION
AND REPAIR TO MAKE IT HABITABLE
THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI
16.92
/?2
-70-
Exhibit A
Page 14 of 18
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
Date of Sale:
Amount Due All Entities:
Amount of Offer:
Cost of Sale:
Current Value:
% of Total Due:
% of Current Value:
09-910-11; Nueces County vs, James C. Crump
4260-0008-0160; Lot 16, Block 8, Lawndale
Subdivision
1313 Melbourne Dr. - Corpus Christi
February 1, 2011
19,345.96
3,600,00
1,698.50
25,368.00
18.09%
13.80%
Entity Name
Amount Due
Each Entity
Amount You
Will Receive
Nueces County
3,394.16
316.06
Nueces County Education District
City of Corpus .Ohnsti
3,674.04
342.13
Corpus Christi Independent School District
879,.86
798.96
Del Mar College
11,50-0.62
139.73
City Paving & Demo Liens
2,197:38
204.62
A SMALL WOOD FRAME HOUSE ON PIERS ON A 63 FT X 119 FT. LOT, LOCATED
4 BLOCKS WEST OF RAY HIGH SCHOOL.
THE HOUSE HAS BEEN VACANT FOR YEARS AND IS IN VERY POOR
COAIDITION, NEEDING A TOTAL RENOVATION THROUGHOUT TO MAKE IT
THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI
1693
-71-
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Page 16 of 18
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Exhibit A
Page 16 of 18
ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY
Suit Number & Style:
Tax ID# & Legal:
Property Location:
Date of Sale:
Amount Due All Entities;
Amount of Offer:
Cost of Sale:
Current Value:
% of Total Due:
% of Current ValUe:
Entity Name
Nueces County
08-5966-A; Nueces County vs. EN Mae Johnson
5820-0019-0150; Lots 15 and 16, Moak 19, Nueces Bay
Heights Extension
1315 Palm Dr. Corpus Christi
Nueces County Education District
City of Corpus Christi
March 1, 2011
9,967;06
3,500:00
1,409.50
20,551.00
35.05%
17.03%
CorpUs Christi Independent School District
Del Mar College
City Paving & Demo Liens
Amount Due
Each Entity
1,682:41
1,826.69
2,761.46
74949
2,967,31
• Amount You
Will Receive
352,16
382.36
578.03
156.82
021.12
A SMALL WOOD FF?AME.HOME WITH BRICK VENEER FAQADE ON A STEM WALL
FOUNDATION ON A 50 FT X 150 FT LOT IN THE HILLCREST NEIGHBORHOOD.
THE HOUSE IS VACANT AND VANDALIZED. IT NEEDS SIGNIFICANT REPAIR AND
RENOVATION TO MAKE IT HABITABLE.
THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI
1694
-73-
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Exhibit A
Page 18 of 18
ORDINANCE
AUTHORIZING THE RESALE OF EIGHT (8) PROPERTIES FOR
$25,300.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO
PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE
$2,885.19 PLUS $1,476.35 FOR PARTIAL PAYMENT OF CITY PAVING
AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of
the City of Corpus Christi authorizes the resale of eight (8) properties listed on the
attached and incorporated Exhibit A for $25,300.00 which were foreclosed upon for
failure to pay ad valorem taxes, of which the City shall receive $2,885.19 plus $1,476.35
for partial payment of City paving and demolition liens.
SECTION 2. That the Nueces County Judge is authorized to execute a resale deed
upon payment to the City of the City's share of the tax resale proceeds.
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 , 2011.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 16, 2011
Lisa Agu r, Assistant City Attorney
for City Attorney
By:
Joe Adame
Mayor
Corpus Christi, Texas
Day of , 2011
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
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
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Exhibit A
8
AGENDA MEMORANDUM
City Council Action Date: March 29, 2011
SUBJECT: Cimarron Right Turn Lane Improvements
Project No. E10116 (BOND ISSUE 2004)
AGENDA ITEM: Motion authorizing the City Manager or designee to execute a
construction contract with Leoncitos Inc., of Corpus Christi, Texas, in the amount of
$71,877.60 for the Cimarron Right Turn Lane Improvements for the Total Base Bid. (BOND
ISSUE 2004)
ISSUE: In July 2010, the City evaluated the feasibility of three proposed right turn lane
locations along Cimarron Boulevard in advance of the future development of a Wal -Mart
Supercenter near the intersection of Cimarron and Saratoga. The right turn locations are
located at the northwest and southwest corners of Cimarron and Saratoga and the
northwest corner of Cimarron and the future Dunbarton Oaks Street. Based on the study
results, the City proceeded with the preparation of engineering design and bid documents
for the right turn lane at the northwest corner of Cimarron and Saratoga adjacent to
Kindred Hospital. Design was completed in January 2011. Existing traffic on south -bound
Cimarron currently experiences delays during peak hours at this intersection. Traffic
volumes are expected to increase once the WaI -Mart Supercenter is open for business.
This project will widen the northwest corner of Cimarron and Saratoga by adding a
dedicated right turn lane. The existing right turn lane at this intersection will be re- striped
as a through lane to help reduce traffic congestion at this intersection.
FUNDING: Funding is available from the Bond Issue 2004 Traffic Management project.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director of Engineering Services
361/826-3781
petean[ccctexas.com
Additional
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Support Material:
Agenda Background Information
Prior Project Actions
Bid Tabulation
Project Budget
Consultant's Letter of Recommendation
Location Map
H:1 HOMElRachella \GEMStreets1E10116- Cimarron Righl -Tum Lane Imps \ConstructieniAganda Memo.docx
_81_
AGENDA BACKGROUND INFORMATION
SUBJECT: Cimarron Right Turn Lane Improvements
Project No. E10116 (BOND ISSUE 2004)
PROJECT DESCRIPTION: This project consists of making improvements to the right turn
lane at the intersection of Cimarron Boulevard and Saratoga Boulevard to improve traffic
flow in that area. It involves the complete removal of an existing curb and gutter line and
sidewalk, including removal of a private driveway, with partial removal of a storm inlet, and
construction of approximately 360 linear feet (LF) of additional turn lane, including curb and
gutter, new inlet and storm pipe, concrete sidewalk, and associated pavement marking and
signage improvements, along with phased reconstruction of a private driveway, pavement
repair, and temporary traffic control.
BID INFORMATION: On February 9, 2011, the City received proposals from five bidders
(see Exhibit "C" Bid Tabulation). The bids ranged from $71,877.60 to $109,827.78 for the
base bid only. The estimated cost of construction is $71,744 for the base bid only. In
addition to the base bid, this project included one additive alternate:
• Additive Alternate No. 1 - 353 square yards (SY) of 10" reinforced concrete pavement
BID RECOMMENDATION: With regard to Additive Alternate No. 1, the consultant, Freese
and Nichols, Inc. (FNI), recommends using asphalt (flexible) pavement for the right turn
lane in lieu of concrete (rigid) pavement (see Exhibit "E" Consultant's Letter of
Recommendation). The existing roadway surface on Cimarron Boulevard is asphalt
pavement.
FNI performed an analysis of the bids and found minor arithmetical errors in the bid
proposal submitted by the low bidder, Leoncitos, Inc., which did not affect the outcome of
the ranking. FNI has verified the experience references provided by Leoncitos, Inc., which
indicated that the contractor has the ability to perform the work required to complete the
project in a satisfactory manner. Therefore, City staff and FNI are recommending that the
contract be awarded to Leoncitos, Inc. of Corpus Christi, Texas, in the amount of
$71,877.60 for the total base bid.
CONTRACT TERMS: The project is estimated to require 45 calendar days, with
completion anticipated in June 2011.
PROJECT BACKGROUND: This project is being funded through the Traffic Congestion
Management project, which was part of the Bond issue 2004, passed by voters on
November 2, 2004. The Bond Issue 2004 package included $95 million in projects to be
funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public
Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan
projects. The proposed projects targeted the City's most immediate needs to improve
existing physical facilities, provide for growth, and protect the City's infrastructure.
H :IHOMEYVeImaP4GEN\STREET\E10116 CIMARRON RIGHT TURN LANE IMPSICONSTRIJCTIONWgenda Eackground.doc
-82-
EXHIBIT "A"
Page 1 of 1
PRIOR PROJECT ACTIONS
SUBJECT: Cimarron Right Turn Lane Improvements
Project No. E10116 (BOND ISSUE 2004)
PRIOR COUNCIL ACTION:
1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capital
Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995)
PRIOR ADMINISTRATIVE ACTION:
1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
4. August 26, 2010 — Administrative approval of a Small A/E Agreement for
Architect/Engineer Consultant Services with Freese and Nichols Inc. of Corpus Christi,
Texas, in the amount of $7,500 for the Cimarron Right Turn Lane Improvements.
5. October 28, 2010 — Administrative approval of Amendment No. 1 to the Small A/E
Agreement for Architect/Engineer Consultant Services with Freese and Nichols Inc. of
Corpus Christi, Texas, for a revised fee not to exceed $28,700 for a total restated fee
not to exceed $36,200 for the Cimarron Right Turn Lane Improvements for additional
design phase, bid phase and construction phase services and for ROW acquisition
survey and topographic survey to construct a dedicated right -turn lane on the northwest
corner of Cimarron Boulevard and Saratoga Boulevard.
H:IHOMEYRachelleYGENIStreetslE1 D116- Cimarron Right -Turn Lane Imps\CanstruefierSner Project ActIons.docx
EXHIBIT "B"
Page 1 of 1
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TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
TOTAL BASE BID - PART A
Part A - Street Improvements (Items Al through A44
Total Base Bid
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0
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- 54,559.00
- $11.703.00
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$26,725.72
UNIT PRICE
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AMOUNT fi
$158.00;
$1,984.7&
$10,289.691
$4,436.80
526,422.051
512.790.10'
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$15,800.00
$23.35
521.80
$9.40
574.65
580.95
-$5.55
- 524.40
-528.85
56,85
0
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
C00030:1000:1000303(0
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Z Z Z Z Z Z Z Z z z
$25,913.131 NO BID(
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Grace Paving &Construction, Inc.
P.O. Box 3374
Corpus Christi, Texas 78485
5547.50
5810.05
510,374.56
$5,413.84
$25,246.56
58,609.42
- 52,397.00
- 512,614.80
- 510,374.00
5297.00
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554,750.00
59.53
$21.98
$11,47
571.52
554.49
-$5.10
$26.84
- $26.60
524.75
7
5123.00
54,809.30
58,708.40
$9,869.52
518,235.98
56,996.24
_ -51,851.80
- $10,311.80
- 515,830.10
573,80
�+
in
04
09
UNIT' PRICE
512,300.00
$56.58
518.45
520.91
$51.66
544.28
$3.94
-521.94
- $40.59
$6.15
(DESCRIPTION -___- CITY. 1 UNIT
!E ALTERNATIVE No, 1 - PART 8: CONCRETE PAVEMENT
c.> N (�11 r}1J 00111 01 1 U�J (
ou+ti r—mCDD P_ � °N
0 m P P es P Q r)
Clear Right-of -Way
Street Excavation
6" Cement Treated Caliche Base
1 "HMU1AC Pavement (Type 0) Bond Breaker
10" Reinforced Concrete Pavement (Class P)
Asphalt Pavement Repair
Deduct: Gaogrid (Tenser TX-5)
Deduct: 12" Crushed Limestone Flexible Base (Type A, Grade 1)
_Deduct: 3.5" tfMAC Pavement (Type 0) Surface Course
Prime Coat (0.15 GaliSY)
Subtotal Part 'B' (Items 81 through B10)
c
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Q
N M 7 ID ea n m m O
m m m m m m m m m m
TOTAL BASE BID - PART A
Part A - Street Improvements (Items Al through A44
Total Base Bid
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Not Applicable
TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1
PROJECT BUDGET
CIMARRON RIGHT TURN LANE IMPROVEMENTS
Project No. E10116
March 29, 2011
FUNDS AVAILABLE:
Streets CIP (Bond 2004) $127,102.60
TOTAL $127,102.60
FUNDS REQUIRED:
Construction (Leoncitos, Inc.) $71,877.60
Contingencies $7,188.00
Consultant Fees:
Consultant (Freese and Nichols Inc.)
Original Contract (Approved 8- 26 -10): $7,500
Amendment No. 1 (Approved 10- 28 -10): $28,700
Materials Testing (Rock Engineering)
Reimbursements:
Contract Administration (Contract PreparationlAward /Admin)
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)
Construction Observation Services
Finance Issuance
Misc. (Printing, Advertising, etc.)
$36,200.00 *
$3,928.00
$1,617.00
$2,516.00
$2,516.00
$900.00
$360.00
TOTAL $127,1 02.60
ESTIMATED PROJECT BUDGET BALANCE $0.00
*The consultant fee with Freese and Nichols Inc. includes not only the design of the
project but also the cost of the feasibility study that was conducted for the three
proposed right turn lane locations.
EXHIBIT "D"
Page 1 of 1
800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361 561 -G500 • fax 361- 561 -65o1 • www,freese.com
March 15, 2011
Pete Anaya, P.E.
Director of Engineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Re: Cimarron Right Turn Lane Improvements
City Pro,ject No. E10116
Mr. Anaya:
The City of Corpus Christi received sealed bid proposals for the above referenced project on February
9, 2011 at 2:00 p.n1. at the City Secretary's office. Attached is a tabulation of these bid proposals.
Five (5) sealed bids were received for this construction project. All five bid proposals were properly
executed and submitted in compliance with the bidding requirements for this project.
We performed an analysis of the bids and found minor arithmetical errors in the bid proposal
submitted by Leoncitos, Inc. These minor errors, however, did not affect the outcome of the ranking.
No other errors or irregularities were noted on the proposal forms,
There is one (1) Additive Alternate for this project, as follows:
No. 1 — Jointed Concrete Pavement
Freese and Nichols, Inc. (FNI) recommends using asphalt (flexible) pavement for the right turn lane in
lieu of concrete (rigid) pavement. The existing roadway surface on Cimarron Blvd, is asphalt
pavement.
—87—
The bid breakdown for each of the five bidders is shown on the attached Tabulation of Bids, and the
Base Bids are summarized below:
Bidder
Base Bid Alternate #1 Total Bid
Leoncitos, Inc. $71,877.60 $20,822.54 $92,700.14
Grace Paving and Construction, Inc. $85,131.99 $25,913.13 $111.,045.12
Bay, Ltd. $93,769.40 NO BID N/A
Garrett Construction Co. $96,724.25 $30,835.50 $127,559.75
Max Construction $109,827.78 $26,725.72 $136,553.50
Engineers' Estimates
$71,744,00 $19,526.00 ,$91,269.00
Leoncitos, Inc. is the apparent lowest Bidder for this project based on the Total Base Bid plus the
Additive Alternate #1. .Leoncitos, Inc. has provided all requested documentation (Ite.ms A -28, A -29
and A -30) and everything appears to be in order.
Based on the City's evaluation criteria for this project, Leoncitos, Inc. is the lowest qualified Bidder,
and their Total Amount Bid is within the construction budget, Therefore, FNI recommends that the
City award the construction contract for Cimarron Right Turn Lane Improvements (Project #E10116)
to Leoncitos Inc. of Corpus Christi, Texas in the amount of $71,877.60 for the scope of work to
include the base bid of using asphalt pavement.
If you have any questions regarding this matter, please feel free to contact us.
Sincerely,
FREESE AND NICHOLS, INC.
Nicholas A. Cecava, P.E., CFM
� �@ a oi,a , 44
1 ° e kil
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aetres°eesooeseeeeeoaadtso
d° NICHOLAS A. CECAVA oft
asorosoasooasasasaeas 44s.•o /
0 #410 97391 ®<tZ,A
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3 -1&-'t
Freese and Nichols., Inc,
Texas Registered Engineering
Finn F -2144
Attachment: Tabulation of Bids
File : \ Mproject \councilexh\exhE10116.dwg
CIMARRON BOULEVARD
RIGHT -TURN LANE IMPROVEMENTS
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03 -14 -2011
-
M. -
-89-
9
AGENDA MEMORANDUM
DATE: March 29, 2011
SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection
(Project 5216)
AGENDA ITEM:
Motion authorizing the City Manager, or designee, to execute Change Order No. 9 for the
acquisition of an Final Cover Irrigation System to a construction contract with
Environmental Specialties International of Baton Rouge, Louisiana, in the amount of
$35,000.00 for a restated not to exceed fee of $7,099,980.57 for the J. C. Elliott Landfill
Final Cover System (Phases 4 -6) and Landfill Gas Collection System.
ISSUE: TCEQ regulations require the City to maintain and be responsible for closed
landfills. The change order is necessary to retain the working irrigation system that is in
place. The irrigation system will ensure any hot and dry weather conditions will not
adversely affect the vegetative cover. Failure to irrigate the vegetative cover until it is fully
matured could allow erosion to develop that the City would have to repair.
RECOMMENDATION: Approval of the motion as presented.
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
AA."' VA4444
Lawrence Mikolalczyk
Director of Solid Waste Services
826 -1972
Lawm cctexas.com
H:IHOMEIKEVI NSIGENILandflllNewlLANDF1LL1521 EFinalCover2DOB1C09Memo.doc
ADDITIONAL INFORMATION
SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection
(Project 5216)
CHANGE ORDER DESCRIPTION:
The change order approves the purchase of the irrigation system installed by the contractor
to establish vegetative cover. The irrigation system is the property of the subcontractor,
and will be removed upon project completion unless purchased by the City. Approval of
the change order is deemed critical to successfully maintaining vegetative cover during the
next 12 months.
TCEQ:
TCEQ regulations and the City's TCEQ Landfill Operating Permit require final closure to
include the installation of a final cover system. Vegetative cover is necessary to prevent
erosion of the side slopes that could lead to exposure of the geosynthetic membrane. The
City is responsible for maintaining the final cover, and repairing any erosion that may result
for 30 years following TCEQ closure approval.
VEGETATIVE COVER:
The contractor experienced severe difficulty in establishing vegetative cover in compliance
with contract specifications. Drought conditions prevented seeding operations from being
successful in producing the required vegetative cover. The contractor attempted to use
irrigation trucks, but was ultimately forced to install an irrigation system. Prior closures
have not required installation of an irrigation system. The irrigation system was not a
specified contractual requirement and is property of the subcontractor.
The established vegetative cover meets specifications, but is relatively immature. The
cover has not established an extensive root system to prevent erosion in the event of
continuing drought conditions. Local rainfall during February of 2011 was the lowest ever
recorded for the region. Continued irrigation is deemed critical to maintain the vegetative
cover in the event of continuing drought conditions.
Approval of the change order will allow the City to continue irrigation as needed during
periods of low rainfall.
RECOMMENDATION:
Staff recommends the approval of the motion as presented.
FUTURE COUNCIL ACTION:
The project will be accepted and closed once Council has determined whether to approve
the change order. Additional Council action for this project is not anticipated.
FUNDING: Funding is available from Sanitary Landfill CIP Funds to proceed with the
award.
—94
u•wnneesteetnnieineniu . ii:11n1q,,,51 nnurtGii 1 ig „iaCin...l•n..sr7nnalrrlac•Ann .1.,..
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.
April 27, 2010 - 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.
PRIOR ADMINISTATIVE ACTIONS:
March 5, 2009 - Administrative approval of Change Order No. 1 provided 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 provided 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; and
May 12, 2009 - Administrative approval of Change Order 3 provided for the
Exhibit A -1
Page 1 of 2
_95—
rehabilitation of 28 existing gas extraction wells replacing hoses and PVC with HDPE
riser pipes in the amount of $24,150.00.
January 8, 2010 - Administrative approval of Change Order 5 provided to document
additional gas flare fittings /parts, erosion control and reduction in quantity of
geosynthetic and Geomembrane liner material in the amount of $ -0 -.
October 19, 2010 - Administrative approval of Change Order 7 to increase the
allowance for gas flare repairs in the amount of $18,342.50.
February 22, 2011 - Administrative approval of Change Order 8 to provide additional
seeding, watering and erosion repairs in the amount of $24,900.00.
Exhibit A -1
Page 2of2
-96-
CHANGE ORDER NO: 9 FUNDING SOURCE: CONTRACT TIME: 270 C.D.
Operating Department: Solid Waste Services DATE: March 25, 2011
Name of Project: J.C. Elliott Landfill -Final Cover Phase 4-6 and Landfill Gas Collection (Project 5216)
Contractor: Environmental Specialties international
CHANGE AS FOLLOWS:
1. Landfill Irrigation System
ADD
$35,000.00
DEDUCT
$35,000.00
Why was this change necessary? (If left off the plans and specifications, explain why)
An irrigation system was reouired due to dry conditions and to promote vegetation growth in newly seeded areas.
How can similar changes be avoided in the future? Incorporate an irrigation system into the Contract Documents in case dry
conditions are experienced.
A. CONTRACT PRICE
B. TOTAL CHANGE ORDER (inc. current)
C. NEW CONTRACT PRICE
D. THIS CHANGE ORDER
E. PERCENT TOTAL CHANGE (B /A)
F. PREVIOUS ADDN'L TIME AUTHORIZED
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER ....
H. TOTAL ADDITIONAL TIME
CITY OF CORPU CHRISTI, TEXAS
By:.
City Engineer
APPROVED:
$8,769,018.19
$330,962.38
$7,099,980.57
$35,000.00
4.89%
490 CD
0CD
490 CD
Project Engineer
CONTRACTOR
By:
Title:
Operating Department
Director of Management & Budget
Legal Department
-97-
Exhibit B
Page 1 of 1
J.C. Elliott Final Cover (Phase 4 -6) and Landfill Gas Collection System
Project No. 5216
Project Budget
March 22, 2011
FUNDS AVAILABLE:
Sanitary Landfill CIP Funds $8,164,080.57
Total $8,164,080.57
CONSTRUCTION FUNDS REQUIRED:
Construction Contract $6,769,018.19
Change Order 1 -9 $ 330,962.38
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 (112 %) $ 33,845.00
Incidental Expenses (Printing, Advertising, etc.) $ 24,000.00
TOTAL $8,164,080.57
EXHIBIT "C"
Page 1 of 1
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File: \ Mproject \councilexhibits \exh5216c.dwg
NUECES BAY
READ
1H37
AGNES
CORPUS
CHRISTI
INTERNATIONAL im
AIRPORT
OSO CREEK
J. C. ELLIOTT LANDFILL
FM 2444
SITE LOCATION MAP
PROJECT # 5216
NOT TO SCALE
EXHIBIT "D"
J.C. ELLIOTT LANDFILL -FINAL
COVER PHASE 4 -6 AND LANDFILL
GAS COLLECTION
99-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST! TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03-29-11
10
AGENDA MEMORANDUM
City Council Action Date: March 29, 2011
SUBJECT: Sports Field Lighting Improvements Project
Project No. E10059 / CIP No. PR 09
BOND ISSUE 2008
AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Texas Buy
Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of
$827,004 for the Sports Field Lighting Improvements for the lighting of select youth sports
fields at the following locations: (BOND ISSUE 2008)
• Youth Sports Complex — International Westside Baseball League
• Youth Sports Complex — Sparkling City Girls Fast Pitch League
• Price Park — Southside Pony League
• Bill Witt Park -- Padre Little League
• Kiwanis Field -- Kiwanis Senior League
• Southside Little Miss Kickball League (McArdle)
ISSUE: Under the Bond Issue 2000 and Bond Issue 2004, irrigation, lighting upgrades and
field improvements were made to several area outdoor sports facilities citywide to meet the
high demand for sports facilities an a year -round basis. Bond Issue 2008 also included
improvements to sports fields citywide. This contract is for the purchase and installation of
light poles and lighting fixtures for six sports leagues around the city.
FUNDING: Funds for this project are available from the Parks and Recreation Capital
Improvement Budget FY 2011.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Mic ael Morris
Director of Parks and Recreation
361/826-3464
michaelmo@cctexas.com
Additional Support Material:
Exhibit "A" Agenda Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Project Budget
Exhibit "D" Texas Buy Board Quote
Pete Anaya, P.E.
Director of Engineering Services
361/826-3781
peteanAcctexas.com
H:4HOMELRachelle}GEN1Perks 8 Recreation \E10058 - Sports Field Lighting (Bond 2008)\CcnstruclionlAgenda Merno.docx
—103—
AGENDA BACKGROUND INFORMATION
SUBJECT: Sports Field Lighting Improvements Project
Project No. E10059 / CIP No. PR 09
BOND ISSUE 2008
PROJECT DESCRIPTION: This contract will provide for lighting improvements to the
various sports fields. The contract under the Texas Buy Board will provide for the design
services, lighting procurement and the installation. The proposed Parks and Leagues will
include:
• Youth Sports Complex — International Westside Baseball League
• Youth Sports Complex — Sparkling City Girls Fast Pitch League
• Price Park — Southside Pony League
• Bill Witt Park — Padre Little League
• Kiwanis Field — Kiwanis Senior League
• Southside Little Miss Kickball League (McArdle)
It is recommended this contract be awarded and work begin immediately to complete the
baseball and kickball fields prior to the season opening in March 2012.
CONSTRUCTION PHASE : The field lighting will be purchased and installed under a
separate contract with Musco Sports Lighting, LLC in the amount of $827,004. The Texas
Buy Board Contract with Musco Sports Lighting, LLC was coordinated with the City's
Purchasing Department. Musco will provide required poles, fixtures, and foundations, as
well as a layout of pole locations and aiming diagram. Musco will also provide project
management, electrical design and windstorm certification and a sub - contractor for the
installation.
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:IHOME1RechelleSGENIParks & Recreation1E10059- Sports Field Lighting (Bono 30994onstructionL4genda Background.docx
EXHIBIT "A"
Page 1 of 1
PRIOR PROJECT ACTIONS
SUBJECT: Sports Field Lighting Improvements Project
Project No. E10059 / CIP No. PR 09
BOND ISSUE 2008
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. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capital
Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995)
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. June 3, 2010 — Administrative approval of a Small A/E Agreement for
Architect/Engineer Consultant Services with Urban Engineering, of Corpus Christi,
Texas, in the amount of $2,000 for the Sports Field Lighting Improvements to provide
topographic survey services at Bill Witt Park.
5. June 24, 2010 — Administrative approval of an Agreement for Geotechnical Engineering
Testing Services with Rock Engineering and Testing Laboratory Inc. of Corpus Christi,
Texas, in the amount of $10,405 for the Sports Field Lighting Improvements.
6. October 18, 2010 - Administrative approval of Amendment No. 1 to the Agreement for
Geotechnical Engineering Testing Services with Rock Engineering and Testing
Laboratory Inc, of Corpus Christi, Texas, in the revised amount of $3,950 for a total
restated fee not to exceed $14,355 for the Sports Field Lighting Improvements for the
addition of International Westside Baseball League testing.
EXHIBIT "B"
Page 1 of 1
H:IHOME1Rachelle5GEN4Parks & Recreation4E10059 -Sports Field Lighting (B ond c 3 ,slruction4Prior Project Actions,doex
PROJECT BUDGET
SPORTS HELD LIGHTING IMPROVEMENTS
Project No. E10059
March 29, 2011
FUNDS AVAILABLE:
Park and Rec 2011 CIP (Bond 2008)
FUNDS REQUIRED:
Construction (Musco Sports Lighting)
Contingencies (5 %)
Consultant Fees:
Consultant (Urban Engineering)
Geotechnical Testing (Rock Engineering)
Original Contract (Approved 6/24/10): $10,405
Amendment No. 1 (Approved 10- 18 -10): $3,950
$909,510.00
$827,004.00
41,350.00
2,000.00
14,355.00
Reimbursements:
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 7,100.00
Construction Observation Services 14,201.00
Finance Issuance 1,500.00
Misc. (Printing, Advertising, etc.) 2,000.00
TOTAL 909,510.00
ESTIMATED PROJECT BUDGET BALANCE $0.00
—1 0 6—
EXHIBIT "C"
Page '1 of 1
Corporate: 100 1st Ave West PO Box 808 • Oskaloosa, IA 52577 641/673 -0411 • 800/825 -6020 • Fax: 641/673 -4852
Manufacturing: 2107 Stewart Road • PO Box 260 • Muscatine, IA 52761 • 563/263 -2281 • 800/756 -1205 • Fax: 800/374 -6402
Web. www.musco.com • Email: IightinOrtrusco.co m
March 15, 2011
TO: City of Corpus Christi
FROM: Tim Oordt
RE: Combined pricing for all 6 projects
TOTAL:
Bill Witt Park(2 Fields)
Sparkling City Field(1 field)
International Westside Park(1 field)
Kiwanis Softball Field(1 field)
Southside Kickball(2 fields)
Southside Pony(2 fields)
6 Poles with 36 LSG Fixtures
3 Poles with 12 LSG Fixtures
4 Poles with 16 LSG Fixtures
6 Poles with 22 LSG Fixtures
4 Poles with 16 LSG Fixtures
10 Poles with 34 LSG Fixtures
$827,004
*Price includes materials, installation of poles and fixtures, electrical designs, foundation designs wind storm
certification and demo (if applicable) of existing lighting
Lighting ... We Make It Happen.,
-107-
EXHIBIT "D"
Page 1 of 1
11
NO ATTACHMENT FOR THIS ITEM
12
AGENDA MEMORANDUM
Citv Council Action Date: March 29, 2011
SUBJECT: Yorktown Boulevard from Staples Street to Cimarron Boulevard
Landscaping Improvements Project (BOND ISSUE 2008)
(Project No. 64641 CIP No ST 16)
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of Transportation in the amount
of $44,148 for the Yorktown Boulevard from Staples Street to Cimarron Boulevard
Landscape Improvements Project, as part of the Bond 2008 Transportation Enhancement
Project. (BOND ISSUE 2008)
ISSUE: The State of Texas, acting through the Texas Department of Transportation, has
agreed to enter into an Advance Funding Agreement with the City of Corpus Christi for the
Yorktown Boulevard from Staples Street to Cimarron Boulevard Landscape Improvements
Project. The Landscaping Improvements Project is part of the Yorktown Boulevard Street
Reconstruction project from Staples Street to Cimarron Boulevard. This landscaping
project will provide for the landscaping of the median dividing the four -lane arterial street,
resulting in driver safety, driver confidence, economic growth, city pride, beautification,
enhancement of the quality of life, and environmental improvements to the area by the
addition of trees and green space as well as a better ride quality by limiting the turning
movements.
FUNDING: Funding is available from the FY 2011 Capital Budget and Capital Improvement
Planning Guide.
RECOMMENDATION: Staff recommends approval of the Resolution as presented.
Pete Anaya, P, E.
Director of Engineering Services
(361) 826 -3781
petean(cctexas.com
Additional Support Material:
Exhibit "K Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Advance Funding Agreement
Exhibit "D" Resolution
Exhibit "E" Location Map
11:14-10ME1VeImeP1GENISTREET16464 YORKTOWN FROM STAPLES TO CIMARIAAVANCE FUNDING AGREEMENT.2 AGENDA MEMO.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Yorktown Boulevard from Staples Street to Cimarron Boulevard
Landscaping Improvements Project (BOND ISSUE 2008)
(Project No. 64641 CIP No. ST 16)
PROJECT DESCRIPTION: The section of Yorktown Boulevard between South Staples Street
and Cimarron Boulevard is currently a rural unimproved two -lane roadway with roadside
drainage ditches. Yorktown Boulevard improvements will consist of the reconstruction and
widening of the existing two -lane roadway to a four -lane divided urban arterial street with bicycle
lanes, including curb and gutter, driveways, storm water improvements, water improvements,
and pedestrian improvements in accordance with ADA requirements and Texas Accessibility
Standards (TAS). Left-turn lanes will be provided at designated locations. Associated
improvements such as off -site storm water improvements, pavement markings and signage,
street lighting (by AEP), and provisions for temporary traffic controls during construction will also
be included.
TRANSPORTATION ENHANCEMENT PROGRAM: 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.
YORKTOWN BOULEVARD FROM STAPLES TO CIMARRON (BOND ISSUE 2008)
LANDSCAPING IMPROVEMENTS: This project is 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
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.
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:1HOMEWeImaP1GENISTREET16454 YORKTOWN FROM STAPLES TO CIMARROMA�1fAPTDE FUNDING AGREEMENTI3 AGENDA BACKGROUND.doc
EXHIBIT "A"
Page 1 of 1
PRIOR PROJECT ACTIONS
SUBJECT: Yorktown Boulevard from Staples Street to Cimarron Boulevard
Landscaping Improvements Project (BOND ISSUE 2008)
(Project No. 64641 CIP No. ST 16)
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 $1 52,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital
Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006)
4. March 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 Issue 2008) (M2009 -066)
5. January 12, 2010 — 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 Issue 2008) Landscaping improvements Project, with a
City match of $338,467.00 in the No. 3546 Street GO CIP Fund (Bond issue 2008),
and a total construction cost of $1,692,335.00. (Resolution No. 028458)
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. April 22, 2009 — Administrative approval of an agreement for Geotechnical Testing
Services with Arias and Associates in the amount of $13,308.50 for Yorktown
Boulevard — Staples to Cimarron. (Bond Issue 2008)
5. November22, 2009 — Administrative approval of Amendment No. 1 to the Contract for
Professional Services with Freese and Nichols, Inc. in the amount of $48,500 for
Yorktown Boulevard — Staples to Cimarron. (Bond Issue 2008)
EXHIBIT "B"
_ 1 1 _ Page 1 of 1
H :HOME\VeImaF GENISTREET16464 YORKTOWN FROM STAPLES TO CIMARRON ADVANCE FUNDING AGREEMENT4 AGENDA PRIOR PROJECT ACTIONS.doc
A a
A
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20205
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For A TRANSPORTATION ENHANCEMENT (TE) PROJECT
This Advance Funding Agreement for a transportation enhancement project (the Agreement)
is made by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its
duly authorized officials hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Local Government prepared and submitted to the State a nomination form for
consideration under the Statewide Transportation Enhancement Program for the project which is
briefly described as Yorktown Blvd. /Staples to Cimarron Landscaping Improvements, hereinafter
called the Project; and
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the
States' Transportation Agencies to develop transportation plans and programs for urbanized areas of
the State; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State
shall design, construct and operate a system of highways in cooperation with local governments; and
WHEREAS, federal and state laws require focal governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order 112342 awarding funding
for projects in the 2009 Program Call of the Statewide Transportation Enhancement Program,
including the Project; and
WHEREAS, the rules and procedures for the selection and administration of the Statewide
Transportation Enhancement Program are established in 43 TAC Sections 11.200 et seq.; and
WHEREAS, the governing body of the Local Government has approved entering into this Agreement
by resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AFA-AFA_EnhLF.doc
Page 1 of 16
—1 1 8—
Revised 12 -02 -10
1 EXHIBIT "C" I
Page 1 of 20
et
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until terminated as provided in
Article 2.
2. Termination of this Agreement
This agreement may be terminated by any of the following conditions:
• by mutual written consent and agreement of all parties.
• by any party with 90 days written notice.
• by either party, upon the failure of the other party to fulfill the obligations as set forth in this
Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching
party.
A. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of
the State under this Agreement. If the potential termination of the Agreement is due to the
failure of the Local Government to fulfill its contractual obligations, the State will notify the
' Local Government that possible breach of contract has occurred. The Local Government
should make every effort to remedy the breach within a period mutually agreed upon by both
parties.
B. If the Local Government withdraws from the Project after this Agreement is executed, it shall
be responsible for all direct and indirect Project costs as identified by the State's cost
accounting system.
C. A Project may be eliminated from the program as outlined below. If the Project is eliminated
for any of these reasons, this Agreement will be appropriately terminated. A Project may be
eliminated from the program, and this Agreement terminated, if:
L The Local Government fails to satisfy any requirements of the program rules cited as 43
TAC §11.200 et seq.
il. The implementation of the Project would involve significant deviation from the activities as
proposed in the nomination form.
iii. The Local Government withdraws from participation in the Project.
iv. The Project is not implemented within a reasonable time, as determined by the State in
consultation with the Local Government. In absence of information suggesting that a
shorter or longer period is appropriate, four (4) years or less from the date the project was
approved for TE funding by Minute Order will presumed to be a reasonable time. This
project must, therefore be awarded to contract before July, 29, 2014.
v. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
vi. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. if funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
vii. As scheduled by the District, the Local Government fails to attend bi- annual progress
meetings.
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EXHIBIT "C"
Page2of2o
•
4
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
- Landscape Improvements
Federal Highway Administration
CFDA # 20.205
3. Amendments
This Agreement may be amended due to changes in the work or amount of funding required to
complete the Project or other material, or for required changes in the responsibilities of the parties.
Such amendment must be made through a mutually agreed upon, written amendment that is -
executed by the parties. •
4. Scope of Work and Use of Project
The scope of work for the Project, which is as shown in Attachment B of the Project Location Map,
described in the nomination form and as approved by the Texas Transportation Commission,
consists of: constructing a landscaped median on Yorktown Blvd. from Staples Street to Cimarron
Street which will be provided with trees, shrubs, green space and bicycle lanes.
The purpose of this Transportation Enhancement project is to provide a landscaped median that
will create a divided roadway. This median will restrict vehicular turning movements, creating a
higher level of service on the roadway, while promoting bicycling, and enhancing traffic safety as
well_providing beautification to the area.
Any project changes proposed must be submitted in writing by the Local Government to the
appropriate District, requesting prior approval through the Design Division. Changes may also
require an amendment to the contract and the approval of FHWA, the Administration, or the TTC.
Any changes undertaken without written approval and contract amendment may jeopardize not
only the federal funding for the changes, but the federal funding of the entire project.
5. Right of Way and Real Property Acquisition
Right -of -way and real property acquisition shall be the responsibility of the Local Government.
Title to right of way and other related real property must be acceptable to the State before funds
may be expended for the improvement of the right of way or real property. If the Local
Government is the owner of any part of the project site under this Agreement, the Local
Government shall permit the State or its authorized representative access to occupy the site to
perform all activities required to execute the work.
All parties to this agreement will comply with and assume the costs for compliance with all the
requirements of Title II and Title I11 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions
relating to incidental expenses incurred by the property owners in conveying the real property to
the Local Government, and benefits applicable to the relocation of any displaced person as
defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be
maintained and made available to the State and its representatives for review and inspection.
A. The Local Government shall assume all costs and perform necessary requirements to provide
any necessary evidence of title or right of use in the name of the Local Government to the real
property required for development of the Project. The evidence of title or rights shall be
acceptable to the State, and be free and clear of all encroachments. The Local Government
shall secure and provide easements and any needed rights of entry over any other land
needed to develop the Project according to the approved Project plans. The Local
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EXHIBIT "C"
Page 3 of 20
EXHIBIT "C" I
Page 4 of 20
CSJ # 0916 -35 -166 Fed.# STP 2011(240E
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20,205
Government shall be responsible for securing any additional real property required for
completion of the Project.
B. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State regarding fair
market value of the acquired property. The State will review the Local Government's
appraisal, determine the fair market value and credit that amount towards the Local
Government's financial share. If donated property is to be used as a funding match, It may not
be provided by the Local Government. The State will not reimburse the Local Government for
any real property acquired before execution of this agreement and the State's issuance of a
letter of funding authority.
C. The Local Government shall prepare real property maps, property descriptions, and other data
as needed to properly describe the real property and submit them to the State for approval
prior to the Local Government acquiring the real property. Tracings of the maps shall be
retained by the Local Government for a permanent record.
D. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a tabulation of
the values so determined, signed by the appropriate Local Government representative. The
tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component.parts of and acquired,
itemization of improvements acquired, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in calculating all determined values. Expenses incurred by the
Local Government in performing this work may be eligible for reimbursement after the Local
Government has received written authorization by the State to proceed with determination of
real property values. The State will review the data submitted and will base its reimbursement
for parcel acquisitions on these in determining the fair market values.
E. Condemnation shall not be used to acquire real property for this enhancement Project.
F. Reimbursement for real property costs will be made to the Local Government for real property
purchased in an amount not to exceed eighty percent (80 %) of the cost of the real property
purchased in accordance with the terms and provisions of this agreement. Reimbursement will
be in an amount not to exceed eighty percent (80 %) of the State's predetermined value of
each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be
made to the Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title. Any costs associated with the relocation of displaced persons and
personal property as well as incidental expenses incurred in acquiring property to implement a
TE project will be the responsibility of the Local Government and current property owner, at no
cost to the State.
G. If the Project requires the use of real property to which the Local Government will not hold title,
a separate agreement between the owners of the real property and the Local Government
must be executed prior to execution of this Agreement. The separate agreement must
establish that the Project will be dedicated for public use for a period of time commensurate
with the federal investment. The separate agreement must define the responsibilities of the
parties as to the use of the real property and operation and maintenance of the Project after
AFA -AFA EnhLF.doc
Page 4of16
—121—
Revised 12 -02 -10
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd./Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
completion. This agreement must be approved by the State prior to its execution. A copy of
the executed agreement shall be provided to the State.
H. The Local Government agrees to execute individually or produce a legal document as
necessary to provide for the project's continued use from the date of completion, and agrees to
cause the same to be recorded In the land records of the appropriate jurisdiction.
I. Local governments receiving federal funds must retain an inventory of funded items and
monitor projects in accordance with 23 CFR 710 and 49 CFR 18, and with the procedures
provided in the Local Government Project Procedures manual.
The Local Government agrees to monitor the project to ensure: (1) continued use of the
property for approved activities, and (2) for the repayment of the Federal funds, as appropriate:
i. The Local Government agrees to the review of their project accounts and site visits by the •
State during the development of the project at any time;
il. Upon project completion, the State will continue to perform periodic visits
to confirm the project's continued use and upkeep.
6. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to ensure,
that utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or state funds for the cost
of required utility work, unless specified in the Transportation Enhancement Nomination form and
approved by the State. The Local Government must obtain advance approval for any variance
from established procedures. Before a construction contract is let, the Local Government shall
provide, at the State's request, a certification stating that the Local Government has completed the
adjustment of all utilities that must be adjusted before construction begins.
7. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act and the
National Historic Preservation Act of 1966, which require environmental clearance of federal -aid
projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of the Project.
B. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation.
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
D. The Local Government shall provide the State with written certification from appropriate
regulatory agency(ies) that identified environmental problems have been remediated.
These costs will not be reimbursed or credited towards the Local Government's financial share of
the Project unless specified in the nomination form and approved by the State.
Forty five (45) days prior to any construction contract let date, the Local Government shall provide
a certification to the State that all real property has been acquired, all environmental problems
have been remediated, and all conflicting utilities have been adjusted.
AFA-AFA_EnhLF,doc
Page 5 of 16
—1 2 2—
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EXHIBIT "C"
Page 5 of 20
CSJ # 0916 -35 -166• Fed.# STP 2011(240}TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of the project
subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued
by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article
9102, Texas Civil Statutes, The TAS establishes minimum accessibility requirements to be
consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L.
101 -336) (ADA }.
9. Architectural and Engineering Services.
Architectural and engineering services will be provided by the Local Government. In procuring
professional services, the parties to this agreement must comply with federal requirements cited in
23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases. Professional services contracts for federally funded projects must
conform to federal requirements.
A. The architectural contract documents shall be developed in accordance with the standards of
the American Institute of Architects, the U,S. Secretary of the Interior's Standards for Historic
Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the
National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical
Archeological Sites and in consultation with the State Historic Preservation Officer, as
applicable. The engineering plans shall be developed in accordance with the State's applicable
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges
and the two AASHTO publications, "A Policy on Geometric Design of Highways and Streets"
and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement
procedures and documents must adhere to the applicable requirements established in the
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges.
The use of other systems of specifications shall be approved by the State in writing in
advance.
B. When architectural and/or engineering services are provided by or through the Local
Government, then the following Items 1 & 2 apply.
1. The Local Government shall submit any plans it has completed to the State for review and
approval. The Local Government may also submit the plans to the State for review anytime
prior to completion. The Local Government shall make the necessary revisions determined by
the State, The Local Government will not let the construction contract until all required plans
have received State approval.
2. The Local Government shall submit to the State all documentation relating to authorized
costs incurred for providing architectural and engineering services. Reasonable, allowable,
and allocable costs incurred by the Local Government, after the Local Government has
obtained written authorization from the State to incur costs, will be eligible for reimbursement
at an amount not to exceed eighty percent (80 %) of the eligible authorized costs. NIA.
C. When architectural and/or engineering services are provided by or through the State, then the
following applies:
The State is responsible for the delivery and performance of any required architectural or
preliminary engineering work. The Local Government may review and comment on the work
as required accomplishing the project purposes. The State will cooperate fully with the Local
AFA -AFA 1EnhLF.doc
Page 6 of 16
—123 --
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EXHIBIT "C"
Page 6 of 20
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20205
Government in accomplishing these project purposes to the degree permitted by State and
Federal law.
10. Construction Responsibilities
A. The Local Government shall advertise for construction bids, issue bid proposals,
receive and tabulate the bids, and award and administer the contract for construction of the
Project Administration of the contract includes the responsibility for construction engineering and
for issuance of any change orders, supplemental agreements, amendments, or additional work
orders, which may become necessary subsequent to the award of the construction contract. In
order to ensure federal funding eligibility, projects must be authorized by the State prior to
advertising for construction.
B. All contract letting and award procedures must be approved by the State prior to letting and
award of the construction contract, whether the construction contract is awarded by the State or
by the Local Government.
C. All contract change order review and approval procedures must be approved by the State prior
to start of construction.
D. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
For federally funded contracts, the parties to this agreement will comply with federal construction
requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall
include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force
account work will be performed, a finding of cost effectiveness shall be made in compliance with
23 CFR Part 635, Subpart B.
Any field changes, supplemental agreements or revisions to the design plans that may occur after
the construction contract is awarded will be mutually agreed to by the State and the Local
Government prior to authorizing the contractor to perform the work. Prior to completion of the
Project, the party responsible for construction will notify the other party to this Agreement of the
anticipated completion date. AU parties will be afforded the opportunity to assist in the final review
of the construction services performed by the contractor.
11. Project Maintenance.
Upon completion of the Project, the Local Government will be responsible for maintaining the
completed facility for public use. The property shall be maintained and operated for the purpose
for which it was approved and funded for a period of time commensurate with the federal
investment. Should the Local Government at any time after project completion decide it can no
longer maintain and operate the project for its intended purpose, the Local Government shall
return the federal funds in accordance with CFR federal recapture requirements. Should the Local
Governmerit consider conveying the property, - the State and FHWA must be notified prior to the
sale; transfer, or disposal of any property that received federal funds. Written concurrence of
approval for the transaction detailing any required recapture, must be obtained from FHWA prior
to the transaction. Advance notice from the Local Government of their intended action must be
submitted to the District and the Design Division for an FHWA review a minimum of sixty (60) days
prior to any action being taken by the Local Government. The Local Government shall be held
responsible for reimbursement of all federal funds used or a portion thereof based on a pro -rata
AFA -AFA FnhLF.doc
Page 7 of 16
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IEXHIBIT "C"
Page7of20
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 70.205
amount, considering the original percentage of federal funds provided and the time elapsed from
the project completion date. This same percentage of reimbursement also applies to any amount
of profit that may be derived from the conveyance of the property, as applicable.
Any manufacturer warranties extended to the Local Government as a result of the Project shall
remain in the name of the Local Government. The State shall not be responsible for honoring any
warranties under this agreement.
Should the Local Government derive any income from the development and operation of the
project, a portion of the proceeds sufficient for the maintenance and upkeep of the property, shall,
be set aside for future maintenance. A project income report shall be submitted to the State on a
quarterly basis. Monies set aside according to this provision shall be expended using accounting
procedures established under OMB -133 and with the property management standards
established in Title 49 CFR §18.32.
Should any historic properties be included in or affected by this federally funded project, the
historic integrity of the property and any contributing features must continue to be preserved
regardless of any approved changes that may occur throughout the life of the project.
12. Local Project Sources and Uses of Funds
A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided in
Attachment C, showing the total estimated development cost of the Project. This estimate
shows the itemized cost of real property, utilities, environmental assessments and rernediation,
architectural and engineering activities, construction, and any other substantial items of cost.
To be eligible for reimbursement, costs must have been included in the itemized budget
section of the nomination form approved by the Texas Transportation Commission_ The State
and the Federal Government will not reimburse the Local Government for any work performed
before the - appropriate formal Federal Project Authorization and Agreement (FPAA) is issued
by the Federal Highway Administration. The Local Government is responsible for 100% of the
cost of any work performed under its direction or control before the FPAA and State Letter of
Authority are formally issued.
If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training before
a letter of authority is issued. Training is complete when at least one individual who is working
actively and directly on the Project successfully completes and receives a certificate for the
course entitled Local Government Project Procedures Qualification for the Texas Department
of Transportation. The Local Government shall provide the certificate of qualification to the
State. The individual who receives the training certificate may be an employee of the Local
Government or an employee of a firm that has been contracted by the Local Government to
perform oversight of the Project. The State in its discretion may deny reimbursement if the
Local Government has not designated a qualified individual to oversee the Project.
B. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amounts to be contributed to the Project by federal, state, and
local sources.
AFA- AFA_EnhLF.doc
Page 8 of 16
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IEXHIBIT "C"
Page 8of20
CS1 # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 #4 09800
Project: Yorktown Blvd./Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
C. The Local Government will be responsible for all non - federal participation costs associated
with the Project, including any overruns in excess of the Project cost estimate and any
operating or maintenance expenses. Donations of real property, cash, materials, and services
required for the development of the Project may be eligible to count towards the local funding
share of a project as in -kind contributions, if provided for in the original nomination budget that
was approved before the TTC. In order to be considered eligible, in -kind contributions must be
made by other public, non - profit, governmental or non - governmental organizations. In -kind
Contributions must be from a source other than the Local Government that nominated the
project. The value of the donated contributions of real property, materials, or services will be
based on fair market value. In -kind contributions -of services are limited to preparation of
plans, specifications and estimates. In -kind contributions may be credited toward. no more than
twenty percent (20 %) of the allowable Project's cost; however, they may not be used to match
any direct or indirect TxDOT incurred cost. If a remaining balance of the Local Government's
required match is due after the in -kind contribution's value is applied, the remainder must be
provided in cash. The Local Government may provide additional property, services, and /or
materials above the required local match, to reduce the overall cost of a Project, but it will not
be considered an in -kind contribution.
D. The State will be responsible for securing the federal share of funding required for the
development and construction of the Project, in an amount not to exceed eighty percent (80 %)
of -the actual cost of the work up to the amount of funds approved for the Project by the Texas
Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs
incurred prior to Project selection by the Texas Transportation Commission and approval by
the State to proceed are not eligible for reimbursement.
E. Following execution of this Agreement, but prior to the performance of any review work by the
State, the Local Government will pay an amount sufficient to cover the estimated cost for the
State's review. The Local Government shall advance to the State 20% of TxDOT's
Administrative and associated cost for review of the plans, specifications, and estimate. The
Local Government must also advance to the State 20% of the Project's estimated preliminary
engineering cost, if the State is administering the architectural or engineering contract. The
estimated amount of this advance for this Project's preliminary engineering is $ 4,415,
including cash and allowable in-kind contributions. At least sixty (60) days prior to the date set
for receipt of the construction bids, the Local Government must advance to the State 20% of
TxDOT Administrative and associated costs for letting and construction. The Local
Government shall also remit its remaining financial share for the project's estimated
construction and construction engineering costs, if the State is letting the project. The amount
to be advanced for this Project's Construction is estimated to be $ 39,733 , including cash and
allowable in -kind contributions.
F. In the event the State determines that additional funding is required by the Local Government
at any time during the Project, the State will notify the Local Government in writing. The Local
Government is responsible for 20% of the authorized project cost and 100% of any overruns
above the federally authorized amount. The Local Government will make payment to the State
within thirty. (30) days from receipt of the State's written notification.
G. Whenever funds are paid by the Local Government to the State under this agreement, the
Local Government will remit a warrant made payable to the "Texas Department of
Transportation Trust Fund." The warrant will be deposited by the State in an escrow account to
AFA-AFA_EnhLF.doc
Page9of16
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EXHIBIT "C" 1
Page9of2q
lEXHIBIT "C" I
Page 10of20
CSJ # 091 6 -35 -166 Fed.# STP 2011(240)TE
Districtit 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown B lvd./Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
be managed by the State. Until the final project accounting, funds in the escrow account may
only be applied by the State to the Project.
H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due by the Local Government, the State, or the Federal Government will be promptly paid by
the owing party. If, after final Project accounting, excess funds remain in the escrow account,
those funds may be applied by the State to the Local Government's' contractual obligations to,.
the State under another'advance funding agreement.
1. In the event the Project is not completed, the State may seek reimbursement from the Local
Government of the expended federal funds. The Local Government will remit the required
funds to the State within sixty (60) days from receipt of the State's notification.
J. The State will not pay interest on any funds provided by the Local Government.
K. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this Agreement.
L. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or re- plats, result in increased
costs, then any increased costs associated with the ordinances or changes will be paid by the
local government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests through negotiations, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
M. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
N. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. if funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
0. When the Local Government administers any portion of the project and seeks reimbursement
from the State, such request must be submitted within sixty (60) days from the date the cost is
incurred or reimbursement may be jeopardized.
13. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic
notice being permitted to the extent permitted by law but only after a separate written consent of
the parties), addressed to such party at the following addresses:
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Page 10 of 16
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CSI # 0916 -35 -166 Fed,# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 99800
Project: Yorktown Blvd./Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
Local Government:
City of Corpus Christi
Attn: Charlie Cardenas, P.E. - Traffic Engineer
1201 Leopard Street
Corpus Christi, TX 78401
State:
Director of Contract Services
Texas Department of Transportation
126 E. 11th Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written
notice of the change to the other party.
Either party may request in writing that such notices shall delivered personalty or by certified
U.S. mall and such request shall be honored and carried out by the other party.
14. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal or unenforceable In any respect, such invalidity, illegality or unenforceabllity shall
not affect any other provisions and this agreement shall be construed as if it did not contain the
invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as
the acts and deeds of its contractors, employees, representatives, and agents.
16. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made available
to the State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by the Local Government shall be transmitted to the State in the
form of photocopy reproduction on a monthly basis as required by the State. The originals shall
remain' the property of the Local Government.
17. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a Microsoft® Word or
similar document, If requested by the State, the Local Government will use the State's document
template. The Local Government shall also provide a detailed construction time estimate
including types of activities and month in the format required by the State, This requirement
applies whether the Local Government creates the documents with its own forces or by hiring a
consultant or professional provider. At the request of the State, the Local Government shall
submit any information required by the State in the format directed by the State.
AFA- AFA_EnhLF.doc Page 11 of 16
—1 2 8—
Revised 12 -02 -10
CS.I # 0916 -35 -166 Fed.# STP 2011(2401TE
District # 16 - Corpus. Christi
Code Chart 64 # 09800
Project: Yorktown I3lvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required, the Local Government shall
furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject,
matter.
20. Cost Principles and Federal Funding Accountability and Transparency Act. In order to be
reimbursed with federal funds, the parties shall comply with the Cost Principles established in
OMB CircularA -87 that specify that all reimbursed costs are allowable, reasonable and allocable
to the Project. Any recipient or sub- recipient of funds under this agreement agrees to comply with
the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR
Part 170, including Appendix A available at htto:f/ edocket .access.cpo.cov /20101odfI2010-
22705.ndf.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
22. inspection of Books and Records
a. The parties to this Agreement shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this Agreement and shall make such
materials available to the State, the Local-Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the contract period and
for four (4) years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local Government,
and the FHWA and their duly authorized representatives shall have access to all the
governmental records that are directly applicable to this Agreement for the purpose of making
audits, examinations, excerpts, and transcriptions.
b. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the
Local Government is performing any work, either directly or through a contractor, it must
comply with the following provisions. If a Local Government is receiving ARRA funds, but is
not performing any work, the following provisions apply, if appropriate, and to the extent
necessary to comply with ARRA regulations.
c. In accordance with Section 902 ARRA, should this agreement involve the expenditure of
ARRA funds, then the U.S. Comptroller General and its representatives shall have the
authority to:
AFA- AFA_EnhLF.doc Page 12 of 16
—1 2 9—
Revised 12 -02 -10
EXHIBIT "C"
Page 12 of 20
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20205
i. examine any records of the contractor or any of its subcontractors,
or any State or local agency administering such contract, that
directly pertain to and involve transactions relating to the contract or
subcontract; and
• ii. interview any officer or employee of the contractor or any of its
)subcontractors, or any State or local agency administering the
contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or
restrict in any way the existing authority of the Comptroller General.
d. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant
awarded using covered funds, any representative of an appropriate inspector general
appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is
authorized:
i. to examine any records of the contractor or grantee, any of its
subcontractors or sub- grantees, or any State or local agency
administering such contract that pertain to and involve transactions
relating to the contract, subcontract, grant, or sub - grant; and
iii. to interview any officer or employee of the contractor, grantee or
sub- grantee, or agency regarding such transactions.
Section 1515(b) further provides that•nothing in the section previously
'mentioned shall be interpreted to limit or restrict in any way the existing
authority of an inspector general.
e. The ARRA requires that the Contractor report monthly employment information for its firm as
well as that of all of its subcontractors_ The Contractor, similarly, shall include this reporting
requirement in all of its subcontracts. Failing to include the requirement in agreements with
subcontractors can serve as grounds for contract termination.
f. Form FHWA -1589, Monthly Employment Report, promulgated by the Federal Highway
Administration (FHWA), captures the necessary monthly employment information and -shall be
submitted by the Contractor on a regular basis to the LG (Local Government). It is the
responsibility of the LG to obtain this form from the prime Contractor and any subcontractors
and, the LG shall verify the accuracy, completeness, and reasonableness of the data
contained in the form. The LG shall ensure that this form is submitted by the LG to the State
according to the policies and at the direction of the State.
g. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to
the State all information requested by the State, including data or information in possession of
contractors and subcontractors for completing other necessary reporting forms, and the
AFA- AFA_EnhLF.doc Page 13 of 16
—1 3 0—
Revised 12 -02 -10
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 if 0980Q
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
information shall be submitted in the manner required and according to all due dates as set by
the State.
h. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have
authority to examine the records of the contractor, subcontractor, or local agency relating to
the project at any time.
.23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133.
Whenever funds from the ARRA Act of 2009 are distributed to a Local Government, the Local
Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the
Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any
ARRA expenditures for Federal Awards.
24, Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of Transportation as
they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive
Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11.375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged /Minority Business Ehterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
agreement, the Local Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549. The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal funds and,
when requested by the State, to furnish a copy of the certification.
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her knowledge and belief,
that:
A. No federal appropriated funds have'been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person
AFA- AFA_EnhLF.doc
Page 14 of 16
--131—
Revised 12 -02 -10 .
CSJ # 0916 -35 -166 Fed,## STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the
Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub- grants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose •
accordingly. Submission of this certification is a prerequisite imposed by Title 31. U.S.C. §1352
for making or entering into this transaction. Any person who fails to tile the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
28. Insurance
Should this agreement authorize the Local Government or its contractor to perform any work on
State right of way, before beginning work, the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence
of coverage in the amounts and types specified on the Certificate of insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work an the
State right of way is complete. If coverage Is not maintained, all work on State right of way shall
cease immediately, and the State may recover damages and all costs of completing the work.
For projects including buildings, the Local Government agrees to insure the building according to
Department specifications and further agrees to name the Federal Government as a "Loss Payee"
should the building be destroyed.
AFA -AFA EnhLF.doc
Page 15 of 16
—1 3 2—
Revised 12 -02 -10
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown 13IvdJStaples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
29. Signatory Warranty.
The signatories to this Agreement warrant that each has the authority to enter into this Agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate.
counterparts.
THE LOCAL GOVERNMENT
By:
Title:
Date:
(Signature)
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Date:
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
AFA- AFA_EnhLF.doc
Page 16of16
—133—
Revised 12 -02 -10
Revised 12-02-10
CSC # 0916 -35 -166 Fed.# STP 2011(240)TE
District At 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd. /Staples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
Page 1 of 1
—134—
Attachment B
EXHIBIT "C"
Page 17 of
CSJ # 0916 -35 -166 Fed.# STP 2011(240)TE
District it 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Blvd./Staples to Cimarron
. Landscape Improvements
Federal Highway Administration
CFDA # 20.205
ATTACHMENT B
PROJECT LOCATION MAP
Revised 12 -02 -10
Page 1 of 1
—135—
Attachment B
•
CSJ # 0916 -35 -166 Fed.# SIT 2011(240)TE
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: Yorktown Bivd.fStaples to Cimarron
Landscape Improvements
Federal Highway Administration
CFDA # 20.205
ATTACHMENT B
PROJECT LOCATION MAP .
Revised 12 -02 -10
VICINITY MA
Page, 1 of 1
—136—
Attachment B
EXHIBIT "C"
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Attachment C
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION IN THE AMOUNT OF $44,148.00 FOR THE
YORKTOWN BOULEVARD FROM STAPLES STREET TO CIMARRON
BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT, AS PART
OF THE BOND 2008 TRANSPORTATION ENHANCEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to execute an Advance Funding
Agreement with the Texas Department of Transportation in the amount of $44,148.00 for
the Yorktown Boulevard from Staples Street to Cimarron Boulevard Landscape
Improvements Project, as part of the Bond 2008 Transportation Enhancement Project.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
APPROVED AS TO LEGAL FORM: 10- Mar -11
Veronica Ocanas
Assistant City Attorney
For City Attorney
H:1LEG- DIR1Veronica011.ENG11 AGENDA ITEM 51201110322111032211 RESO TxDOT AFA Transp
Enhancement - Yorktown landscapingdocx
—138—
Page 2 of 2
Corpus Christi, Texas
day of , 2011.
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
H:1LEG- IIR \Veronica011.ENG11 AGENDA ITEM S1201 11032211\032211 RESO TxDOT AFA Transp
Enhancement - Yorktown landscapingdocx
—139—
File : \Mproject \councllexh \6464b.dwg
1 H 37
1
BEAR
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FLOUR BLUFF
PROJECT # 6464
PROJECT
LOCATION
Os
LOCATION MAP
NOT TO SCALE
Creek
IXHIBIT "E"
YORKTOWN BOULEVARD -
STAPLES TO CIMARRON
(BOND ISSUE 2008)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE; 1 of 1
DATE: 03 -29 -2011
r -
--
INN? 11111M
-140-
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: 2011 Buc Days Presentation by the Buccaneer Commission
STAFF PRESENTER(S):
Name Title /Position Department
1. None
OUTSIDE PRESENTER(S):
Name Title /Position
1. Barry Box President
Organization
Buccaneer Commission
BACKGROUND: Since 1938, the Buccaneer Commission, a non -profit organization has
annually staged the Buc Days festival in Corpus Christi, Texas in support of bringing
entertaining, educational and cultural events to the Coastal Bend. Beginning in 1996, the
proceeds from Buc Days have benefited the Buccaneer Commission Scholarship fund, which
awards college scholarships annually to the area youth.
Held on the Corpus Christi bay front, this culturally diverse event grabs the attention of over
258,000 people. This year's events will begin April 8th and run through May 8th. The featured
Festival and Carnival dates are April 281 — May 8th. Buc Days has something for everyone,
including a Pro PRCA Rodeo; a Carnival, a BBQ Challenge; and the Buc Days Illminated Night
Parade.
The Buccaneer Commission's mission is to provide South Texas fantastic entertainment, as well as,
support the educational opportunities of area students. Each year numerous scholarships are granted
by this non - profit organization.
REQUIRED COUNCIL ACTION: None
PowerPoint
Supplemental Information
-143-
Michael Morris, Director
Parks and Recreation
361-826-3464
MichaelMo@cctexas.com
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14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: March 29, 2011
AGENDA ITEM: Update on City of Corpus Christi's BoldFuture for the Coastal Bend
Action Items
STAFF PRESENTER(S):
Name
1. Margie C. Rose
2. Saundra K. Thaxton
3. Michelle Barrera
4. Esther Velazquez
Title /Position
Interim City Manager
Finance & Resource Manager
Elite Intern
Executive Assistant
Department
City Manager
CM /ACM
TAMU -CC
Asst. City Manager
BACKGROUND: The City has a significant role in BoldFuture for the Coastal Bend --
a visioning initiative by and for the people of the Coastal Bend. BoldFuture's mission is to
create a long -range vision for the Coastal Bend and an action plan to achieve that vision
over time. By envisioning a shared, preferred future and developing a comprehensive
action plan, BoldFuture will help ensure a safer, healthier, and brighter future for our
community in the years to come.
The City serves as lead partner on almost 40% of the 250 action items. BoldFuture's
importance to the City is especially noteworthy as it provides a key reference point and
linkage back to the City about what is important to our citizens. The presentation is to
apprise the City Council of City action items BoldAccomplishments, BoldProgress on
others, and highlight those where we are developing BoldBlueprints for the future.
REQUIRED COUNCIL ACTION: None
PowerPoint X
-161-
. c -fig
Margie C. Rose, Interim City Manager
margierCrcctexas.com
361 -826 -3220
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15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Status report on the adoption of the Unified Development Code
STAFF PRESENTER(S):
Name Title /Position
1. Juan Perales, Jr.
OTHER PRESENTER(S):
Name Company
Department
Asst. City Manager Engr. & Dev. Svcs.
1. John Bell Wood, Boykin & Wolter, P.C.
ISSUE:
In December, 2010, the Council concurred in the process of presenting the Unified Development
Code (the "UDC ") to the Planning Commission including the initiation of a number of public
hearings as required to allow the Commission to act on the UDC. The intent of these hearings
was to determine whether or not the UDC should be adopted to replace the current Platting
Ordinance and Zoning Ordinance, and if so, review the proposed document in a public forum.
Although the initial estimate was that four or five meetings of the Planning Commission would be
involved, the process actually included nine different meetings of the Planning Commission.
In addition, the seven different Focus Groups that had been involved in the original development
of the UDC reconvened and reviewed the current document drafts during the months of January
and February. Areas of question or concern within each Focus Group were first addressed with
staff in the Focus Group meetings, and brought forward to the Planning Commission for final
approval. The 'initial draft of the UDC was also posted on the City's website at the beginning of
January, and each requested change, clarification, or question concerning the UDC was listed
on a "Punch List" that was also placed and updated on the City's website after each Planning
Commission meeting.
After each Planning Commission meeting, the draft of the UDC available on the City's website
was revised, and a "Prior Drafts" section was updated to provide black -lined versions to show
the changes being made. Comments were received through the different Focus Groups, at
Planning Commission hearings, and by email. Each comment received was addressed through
the Focus Groups and then presented to the Planning Commission by staff.
As noted previously, the UDC is designed to consolidate the City's zoning ordinance, platting
ordinance, and development regulations into a single document rather than multiple, potentially
conflicting ordinances. The current zoning and platting ordinances are outdated and are difficult
to read and understand by the public. The purpose of the UDC is to:
• Provide a uniform and updated set of consistent definitions, rules, and regulations;
• Enhance readability and bring clarity to the development regulations;
• Use procedures that follow the normal sequence of development; and
• Provide a coordinated system for development review and enforcement.
The draft of the UDC now being completed by City staff, the Focus Groups, and the Planning
Commission consists of 10 Articles as illustrated in the Table of Contents attached as Exhibit A.
The Planning Commission has set its March 30, 2011 meeting for final comments and
recommendations concerning the UDC. As a major text amendment to the City's land use and
development codes, this item should be considered by the City Council in two separate readings
after adequate time for public input. The City's website will be updated with the final
recommendations of the Planning Commission following its meeting on March 30, 2011. We
anticipate that first reading of the Ordinance would occur on April 12, 2011, with the second
reading of the Ordinance tentatively scheduled for April 26, 2011. A complete schedule is
attached as Exhibit B.
Once the UDC is adopted, the Planning Commission and City Council would then need to
conform the existing Zoning Map of the City to the new Zoning classifications in the UDC. After
allowing approximately 60 days for Staff in- service training on the new Code, preparation of the
new forms and procedures to replace the existing ones, and information sessions for the
development community, the UDC could be expected to take effect on July 1, 2011.
REQUIRED COUNCIL ACTION: None.
ud., \1/4/--
Juan Perales, Jr., P.E.
Assistant City Manager
Engineering & Development Services
johnnyp @cctexas.com
(361)826 -3828
PowerPoint presentation X
Supplemental information ❑
Attachments:
Exhibit A -- Table of Contents for Unified Development Code
Exhibit B — Proposed Schedule for Presentation and Adoption of Code
EXHIBIT A
Corpus Christi Unified Development Code
Table of Contents
1. Article 1 - General Provisions
§1.1 Title
§1.2 Purpose
§1.3 Authority
§1.4 Jurisdiction
§1.5 Conflicting with Public and Private Provisions
§1.6 Effective Date
§1.7 Minimum Requirements
§1.8 Severability
§1.9 Rules of Statutory Construction
§1.1O Transitional Provisions
§1.11 Definitions
2. Article 2 -- Unified Development Code Organizations and Officers
§2.1 General
§2.2 City Council
§2.3 Planning Commission
§2.4 Board of Adjustment
§2.5 Building Code Board of Appeals
§2.6 Landmark Commission
§2.7 Technical Review Committee
§2.8 Assistant City Manager of Development Services
§2.9 Building Official
§2.10 Assistant Director for Planning
§2.11 Floodplain Administrator
§2.12 Summary of Review Authority
3. Article 3 - Development Review Procedures
§ 3.1 Common Review Procedures
§ 3.2 UDC Text Amendments
§ 3.3 Zoning Map Amendment (Rezoning)
3.4 Historic Overlay District or Landmark Designation
§3.5 Planned Unit Development
§3.6 Special Permit
§3.7. Master Preliminary Plat
§3.8 Subdivision Plat Review
§3.9 Proportionality of Municipal Infrastructure Costs
§3.10 Minor, Amending or Vacating Plat Review
§3.11 ReplatWithout Vacation
§3.12 Special Exception
§3.13 Dune Protection Permit
§3.14 Beachfront Construction Certificate
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§3.15 Certificate of Appropriateness
§3.16 Certificate of Appropriateness for Demolition
§3.17 Site Plan Review
§3.18 Building Permit
§3.19 Certificate of Occupancy and Compliance
§3.20 Sign Permit
§3.21 Temporary Use Permit
§3.22 Floodplain Permit
§3.23 Written Interpretation
§3.24 Administrative Adjustment
§3.25 Variance
§3.26 Floodplain Variance
§3.27 Appeal of Administrative Decision
§3.28 Alternate Dispute Resolution
§3.29 Traffic Impact Analysis
§3.30 Optional Developers Guarantees
4. Article 4 - Base Zoning Districts
§4.1 General
§4.2 Measurements and Exception
§4.3 Single- Family Residential Districts
§4.4 Multifamily Residential Districts
§4.5 Commercial Districts
§4.6 Industrial Districts
§4.7 Cottage Housing District
5. Article 5 - Use Regulations
§5.1 Use Categories
§5.2 Specific Standards
§5.3 Accessory Uses and Structures
§5.4 Temporary Use Standards
§5.5 Wireless Telecommunication Facilities
§5.6 Wind Energy Conversion Units
6. Article 6 - Special Zoning Districts
§6.1 Special Purpose Districts
§6.2 PUD, Planned Unite Development Overlay
§6.3 H, Historic Overlay
§6.4 10, Island Overlay
§6.5 Air Installation Compatible Use Zones (AICUZ)
7. Article 7 - General Development Standards
§7.1 Access and Circulation
§7.2 Off - Street Parking, Loading and Stacking
§7.3 Landscaping
§7.4 Outside Display Sales and Storage
§7.5 Signs
§7.6 Outdoor Lighting
§7.7 Building Design
§7.8 Flood Hazard Reduction
§7.9 Required Zoning District Buffer Yards
8. Article 8 — Subdivision Design and Improvements
§8.1 General Provisions
§8.2 Design Standards
§8.3 Public Open Space
§8.4 City Participation in Streets and Drainage Crossings
§8.5 Trust Fund Policy
9. Article 9 — Nonconformities
§9.1 General
§9.2 Nonconforming Uses
§9.3 Nonconforming Signs
§9.4 Nonconforming Improvements or Structures
§9.5 Nonconforming Lots of Record
§9.6 Elimination of Nonconforming Status
10. Article 10 — Enforcement
§10.1 Enforcement Authority
§10.2 Violations
§10.3 Penalties
EXHIBIT B
SCHEDULE FOR PRESENTATION AND ADOPTION OF CODE
Dec 7 Overview Presentation to City Council
• Outline Contents of UDC
• Brief History of Development of UDC
• Proposed Presentation Schedule
Dec 8
Presentation to Planning Commission
• Outline Contents of UDC
• Proposed Presentation Schedule
Jan 5 Presentation and Hearing by Planning Commission
• Presentation of Articles 1 -6
Jan 19 Presentation and Hearing by Planning Commission
• Presentation of Articles 7 -8
Feb 2 Presentation and Hearing by Planning Commission
• Presentation of Articles 9 -10
Feb 16 Presentation and Hearing by Planning Commission
Mar2 Presentation and Hearing by Planning Commission
Mar9 Special Meeting by Members of Planning Commission
Mar 16 Presentation and Hearing by Planning Commission
• Wrap -up of UDC and Recommendations
Mar 29 Presentation to City Council
• Update on UDC Process
Mar 30 Hearing and Final Recommendation by Planning Commission
• Wrap -up of UDC and Recommendations
Apr 12 Consideration of UDC by City Council on First Reading
Apr 19 Consideration of UDC by City Council on Second Reading
May -June Preparation for UDC Implementation
• Joint Meeting with Planning Commission for Map Amendments
• In- service Training for Staff
• Preparation of New Forms
• Outreach Training for Development Community
July 1 Effective Date of New UDC
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