HomeMy WebLinkAboutAgenda Packet City Council - 09/20/201111
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11:45 A.M. - Proclamation declaring Tuesday, October 4, 2011 as "National Nights Out"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL- COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
SEPTEMBER 20, 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 cree que su ingles es limitado, habra un interprete ingles-espanol an 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 Deacon Michael Mentz, Diaconate Director, Diocese 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 Priscilla Leal
Council Members:
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
David Loeb
John Marez
Nelda Martinez
Mark Scott
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Agenda
Regular Council Meeting
September 20, 2011
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
1. Approval of Regular Meeting of September 13, 2011.
(Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
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.)
2. Resolution approving an Electronic Procurement Policy for the
Finance Department. (Attachment # 2)
3. Motion authorizing the City Manager or designee to execute a
Professional Services contract with Coym, Rehmet, & Gutierrez
Engineering, L.P. of Corpus Christi, Texas in the amount of
$236,127 for Paving Assessment Projects: . Vaky Street
(Swantner to Reid), Ivy Lane (Gollihar to Horne) and Clare Drive
(SPID to McArdle). (BOND 2008) (Attachment # 3)
Agenda
Regular Council Meeting
September 20, 2011
.Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
4. Second Reading Ordinance — Amending the effective date of
Ordinance No. 029142 making stopping, standing, and parking
violation a civil offense from October 1, 2011 to January 1, 2012
and to provide a repealer. (First Reading — 09/13/11)
(Attachment # 4)
I. EXECUTIVE SESSION: (NONE)
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.
J. PUBLIC HEARINGS: (NONE)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
5. Motion authorizing the City Manager or designee to negotiate
and execute a contract with Bickerstaff, Heath, Delgado, Acosta
LLP for Redistricting Services. (Attachment # 5)
L. FIRST READING ORDINANCES:
6. First Reading Ordinance - Abandoning and vacating a portion of
a 20 -foot wide undeveloped, dedicated public right-of-way out of
Lot 7, Section 19, Bohemian Colony Lands, said public right of
way located between the Yorktown Boulevard public rights of
way and Oso Creek, and south of the Schanen Ditch drainage
right of way, subject to compliance with the specified
conditions.. (Attachment # 6)
7. First Reading Ordinance - Appropriating $6,061.55 in payments
from Satterfield and Pontikes Construction, Inc. in Fund No.
3530 for the Flour Bluff Drive Phase 1 Improvements Project for
reimbursement of work performed for Wal-Mart; changing the
Agenda
Regular Council Meeting
September 20, 2011
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
FY2012 Capital Improvement Budget adopted by Ordinance No.
•029135 to increase revenues and expenditures by $6,061.55
each. (Attachment # 7)
M. FUTURE AGENDA ITEMS AND UPDATES TO CITY
COUNCIL: These items are for Council's informational purposes
only. No action will be taken and no public comment will be solicited.
FUTURE AGENDA ITEMS:
8. Motion approving a supply agreement with Commercial
Chemical Products, Inc. of Houston, Texas for approximately
432,500 pounds of sodium bisulfate solution for use at the
Wastewater Treatment Plants in accordance with Bid invitation
No. 151-0159-11, based on only bid for an estimated semi-annual
expenditure of $147,050. The term of the supply agreement will
be for six months with an option to extend for up to five
additional six-month periods subject to the approval of the
supplier and the City Manager or designee. Funds are available
in the Wastewater Operations Budget in FY 2011-2012.
(Attachment # 8)
0
10.
a. Ordinance appropriating $200,738 from anticipated revenues
in the No. 1020 General Fund, changing the FY 2012
Operating Budget adopted by Ordinance No. 029155 by
increasing revenues and expenditures by $200,738 each in
the General Fund No. 1020 for additional meter equipment,
computer rentals, and airtime for credit card machines, to
accomplish _ the one-year rollout of the parking meter
proposal. (Attachment # 9)
b. Motion authorizing the purchase of parking meters from
Duncan Solutions, Inc., of Carlsbad, California, for a total
amount of $251,150, based on sole source award. Funds
are available in the General Fund in FY 2011-2012.
(Attachment # 9)
a. Resolution authorizing the City Manager or designee to
execute all documents necessary to accept a $275,007 grant
awarded by the Corporation for National and Community
Service for the Senior Companion Program. (Attachment
# 10)
Agenda
Regular Council Meeting
September 20, 2011
Page 5
11.
12.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
b. Ordinance appropriating a $275,007 grant from the
Corporation for National and .Community Service in the. No.
1067 Parks and Recreation grants fund for the Senior
Companion Program. (Attachment # 10)
a. Resolution authorizing the City Manager or designee to
accept a grant of $73,276 from the Texas Department of
State Health Services to provide for elimination and control
of tuberculosis and to execute all related documents; and to
ratify acceptance of the grant to begin as of September 1,
2011. (Attachment # 11)
b. Ordinance appropriating a grant of $73,276 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide for the elimination and control of
tuberculosis. (Attachment # 11)
a. Resolution authorizing the City Manager or designee to
accept a grant of $164,367.63 from the Texas Department of
State Health Services to provide essential public health
services and to execute all related documents; and ratify
acceptance of the grant to begin as of September 1, 2011.
(Attachment # 12)
b. Ordinance appropriating a grant of $164,367.63 from the
Texas Department of State Health Services in the No. 1066
Health Grants Fund to provide essential public health
services. (Attachment # 12)
13. Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with HDR Engineering, Inc.,
of Corpus Christi, Texas, in the amount of $97,250 for
Downtown Streets - Chaparral (Street Signalization for Two -
Way Conversion). (BOND 2008) (Attachment # 13)
14. Motion approving the application for street closure from the
Texas Jazz Festival Society to temporarily close the following
street sections for the Texas Jazz Festival; to take place Friday,
October 21, 2011 through Sunday, October 23, 2011.
(Attachment # 14)
Agenda
Regular Council Meeting
September 20, 2011
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. The temporary street closure of Hughes Street between
Chaparral and Mesquite Street, beginning at 9:00 A.M,
Friday, October 21, 2011 and ending at 11:00 P.M., Sunday,
October 23, 2011.
b. The temporary street closure of Fitzgerald Street between
Chaparral and Mesquite Street, beginning at 9:00 A.M,
Friday, October 21, 2011 and ending at 11:00 P.M., Sunday,
October 23, 2011.
c. The temporary street closure of Mesquite Street between
Hughes and Fitzgerald Street, beginning at 9:00 A.M, Friday,
October 21, 2011 and ending. at 11:00 P.M., Sunday,
October 23, 2011.
15. Motion approving the application for street closure from the
Faith Based Services Coalition to temporarily close the following
street sections for the Corpus Christi Police Decision House Fall
Festival; to take place Friday, October 28, 2011 through
Saturday, October 29, 2011. (Attachment # 15)
a. The temporary street closure of John Sartain Street between
Water Street and Chaparral Street, beginning at 10:00 A.M,
Friday, October 28, 2011 and ending at 12:00 A.M. Sunday,
October 30, 2011.
b. The temporary street closure of North Chaparral Street
between Coopers Alley and John Sartain Street, beginning
at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00
A.M. Sunday, October 30, 2011.
16. Motion authorizing the City Manager or designee to execute
Change Order No. 1 to the Construction Contract with Barcom
Commercial, Inc. of Corpus Christi, Texas in an amount not to
exceed $80,935.92 for a restated not to exceed fee of
$5,605,935.92 for the Corpus Christi International Airport Rental
Car Quick Turn Around Facility for additional concrete paving,
electrical breakers, conduit circuits, electrical motor starters and
pressure washers. (Attachment # 16)
17. North Padre Island Development Corporation Agenda, Tuesday,
September 27, 2011, 10:30 a.m. (Attachment # 17)
Agenda
Regular Council Meeting
September 20, 2011
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
18. Reinvestment Zone No. 'Two Board Agenda, Tuesday,
September 27, 2011, 11:00 a.m. (Attachment # 18)
19.
a. Ordinance approving an amendment to the revised Project
and Financing Plans for the Reinvestment Zone Number
Two, City of Corpus Christi; approving the grant of authority
to the Zone's General Manager to decide whether the
expenditure of the Zone's funds should be handled by the
City of Corpus Christi or North Padre Island Development
Corporation; authorizing the City Manager to expend less
than $50,000 on repairs to public infrastructure and
equipment in the Packery Channel project area with funds
from the Zone's Maintenance Reserve; providing for
publication. (Attachment # 19)
b. Ordinance approving the appropriation and transfer o1
money from the No. 1111 Reinvestment Zone No. 2 Fund to
the No. 3278 Packery Channel Projects TIF #2 Fund for
Packery Channel projects; making conforming changes to
the Three Year Revenue and Expenditure Projection for
Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget.
(Attachment # 19)
c. Ordinance changing the Three Year Revenue and
Expenditure Projection for Reinvestment Zone No. 2 Fund in
the FY 2011-2012 Budget; authorizing the City Manager to
expend funds from the Maintenance Reserve for necessary
repairs within the Packery Channel project area. (Attachment
# 19).
d. Motion authorizing the City Manager or designee to execute
a construction contract with Apollo Environmental Strategies
of Beaumont, Texas in the amount of $1,757,655 for the
Packery Channel Dredging and Beach Nourishment for the
Base Bid plus Additive Alternate No. 1. (Attachment # 19)
e. Motion authorizing the City Manager or designee to execute
Amendment No. 6 to the contract between the City and
Texas A&M University — Corpus Christi (Division of
Nearshore Research) in the amount of $293,400 for a
restated fee not to exceed amount of $1,233,639 for Packery
Channel Quarterly Monitoring for 2011-2012. (Attachment
# 19)
Agenda
Regular Council Meeting
September 20, 2011
Page 8
Kai
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. .Ordinance appropriating $3,250,040 from the Federal
Aviation Administration Grant No. 3-48-0051-048-2011 in the
No. 3020 Airport Capital Improvement Fund to Upgrade
Security Systems with Associated Electrical Systems at the
Corpus Christi International Airport; amending the FY 2012
Capital Budget adopted by Ordinance No. 029135 to
increase revenues and. expenditures by $3,250,000 each.
(Attachment # 20)
b. Motion authorizing the City Manager, or designee, to
execute a Construction Contract with B. E. Beecroft
Construction, Inc. of Corpus Christi, Texas in an amount not
to exceed $2,493,665.79 for the Corpus Christi International
Communications Center, Perimeter Security, Standby
Generator and Commercial Aviation Apron Lighting
Upgrades. (Attachment # 20)
21. Motion authorizing the City Manager, or designee, to execute a
construction contract with Bay, Ltd. of Corpus Christi, Texas in
the amount of $2,720,346.50 for the Buddy Lawrence Drive
from IH 37 to Antelope Street. (BOND 2008) (Attachment # 21)
22. Motion authorizing the City Manager, or designee, to execute a
construction contract award with to Ti -Zack Concrete, Inc. of
LeCenter, Minnesota for the Base Bid only in an amount not to
exceed $1,272,812.50 for the ADA improvements Group 2
Project. (BOND 2008) (Attachment # 22)
23. Motion authorizing the City Manager or designee to execute a
construction contract with Texas Sterling Construction Company
of Houston, Texas in the amount of $6,318,966.32 for the Airline
Road from Saratoga to Rodd Field for the Base Bid 2 (Full
Closure — Concrete). (BOND 2008) (Attachment # 23)
24. Motion approving a time extension of a Special Permit (SP)
originally granted and approved on August 24, 2010, see
Ordinance No. 028735, upon the request of Proportional
Prosperity, LLC, with regard to 2.12 acres of Las Colonias Unit
4, Block 1, Lots 25, 26, 27 located at 1302 Saratoga Boulevard
on the northeast corner of Saratoga Boulevard and Calle Las
Colonias Drive, for the continued use of the property as a
warehouse with outdoor storage. (Attachment # 24)
Agenda
Regular Council Meeting
September 20, 2011
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
25. Motion authorizing the City Manager or designee to execute an
agreement.with Dusty Durrill for the donation and acceptance of
the bronze sculpture "Wind Dancer" by the artist H.W. Tatum to
be placed in Cole Park. (Attachment # 25)
UPDATES TO CITY COUNCIL:
26. Parks, Recreation and Open Space Master Plan Update
(Attachment # 26)
N. PUBLIC COMMENT ON NON -AGENDA OR AGENDA
RELATED MATTERS 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.
0. CITY MANAGER'S COMMENTS:
Update on City Operations
Agenda
Regular Council Meeting
September 20, 2011
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at p.m.,
on September 15, 2011. __
uuw6ao awo
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cetexas.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.
I
Present:
Mayor Joe Adame
Mayor Pro Tem Priscilla Leal
Council Members:
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
David Loeb
John Marez
Nelda Martinez
Mark Scott
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
September 13, 2011 - 12:00 p.m.
City Staff:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Isidro Pina, Kelsey Memorial United Methodist Church and the
Pledge of Allegiance to the United States Flag was led by Council Member David Loeb.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required Charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the Regular Council meeting of August
30, 2011. A motion was made and passed to approve the minutes as presented.
Mayor Adame referred to Item No. 2 and the following board appointments were made:
City Council's Youth Advisory Committee
Elisabeth Valadez (Primary Member - Calallen High School)
Lina Young (Alternate Member - Calallen High School)
Romeo Garza (Primary Member - Carroll High School)
Gabriela Coronado (Primary Member - Collegiate High School)
Michel Tania Diaz Cortes (Alternate Member - Collegiate High School)
Samuel Lambiotte (Primary Member - Flour Bluff High School)
Taylor Stephens (Alternate Member - Flour Bluff High School)
Elizabeth Kirkland (Primary Member - Incarnate Word)
Jackson Bright (Alternate Member - Incarnate Word)
Meagan Holliday (Primary Member- King High School)
Grace Powers (Alternate Member - King High School)
Clyde Avalos (Primary Member - Moody High School)
Katie Scarlett Ferrigno (Alternate Member - Moody High School)
Joseph Myers (Primary Member - Ray High School)
Angelica Muniz (Alternate Member- Ray High School)
Kylie Adler (Primary Member - Tuloso Midway High School)
Joseph Licciardi (Primary Member - West Oso High School)
Breanne Johnson (Alternate Member - West Oso High School)
—1—
City Council Minutes
September 13, 2011
Page 2
Coastal Bend Cultural Education Facilities Finance Corporation
Mayor Joe Adame
Council Member Chris Adler
Council Member Larry Elizondo
Council Member Kevin Kieschnick
Council Member Priscilla Leal
Council Member David Loeb
Council Member John Marez
Council Member Nelda Martinez
Council Member Mark Scott
Coastal Bend Health Facilities Development Corporation
Mayor Joe Adame
Council Member Chris Adler
Council Member Larry Elizondo
Council Member Kevin Kieschnick
Council Member Priscilla Leal
Council Member David Loeb
Council Member John Marez
Council Member Nelda Martinez
Council Member Mark Scott
CONSENT AGENDA
Mayor Adame called for consideration of the Consent Agenda (Items 3 - 9). Council
members requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled
the Council for their votes as follows:
3.a. MOTION NO. 2011-198
Motion authorizing the City Manager or designee to accept a grant in the amount of
$212,139 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Local Solicitation, 50% of the funds to be distributed to Nueces County under an
established Interlocal Agreement and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
3.b. ORDINANCE NO. 029197
Ordinance appropriating $212,139 from the U. S. Department of Justice, Bureau of Justice
Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for
the Police Department and Nueces County.
An emergency was declared and the foregoing ordinance was passed an approved with the
following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott,
voting "Aye".
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City Council Minutes
September 13, 2011
Page 3
4.a. RESOLUTION NO. 029198
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$116, 017 from the Texas State Library and Archives Commission ("TSLAC") and to execute
a contract and all related documents with TSLAC to continue operation of the South Texas
Library System at the Corpus Christi Public Library for the period of September 1, 2011
through December 31, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
4.b. ORDINANCE NO. 029199
Ordinance appropriating $116,017 from the Texas State Library and Archives Commission
in the Library Grants Fund No. 1068 to continue operation of the South Texas Library
System at the Corpus Christi Public Library for the period of September 1, 2011 through
December 31, 2011.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
5.a. RESOLUTION NO. 029200
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$34,707 from the Texas State Library and Archives Commission ("TSLAC") and to execute
a contract and all related documents with TSLAC to continue operation of the Interlibrary
Loan Referral Center at the Corpus Christi Public Library for the period of September 1,
2011 through November 30, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
5.b. ORDINANCE NO. 029201
Ordinance appropriating $34,707 from the Texas State Library and Archives Commission
in the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral
Center at the Corpus Christi Public Library for the period of September 1, 2011 through
November 30, 2011.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
6.a. RESOLUTION NO. 029202
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$32,254 from the Texas State Library and Archives Commission ("TSLAC") and to execute
a contract and all related documents with TSLAC to continue operation of the Technical
Assistance Negotiated Program administered by the South Texas Library System at the
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City Council Minutes
September 13, 2011
Page 4
Corpus Christi Public Library for the period of September 1, 2011 through December 31,
2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
6.b. ORDINANCE NO. 029203
Ordinance appropriating $32,254 from the Texas State Library and Archives Commission
in the Library Grants Fund No. 1068 to continue operation of the Technical Assistance
Negotiated Program administered by the South Texas Library System at the Corpus Christi
Public Library for the period of September 1, 2011 through December 31, 2011.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
7.a. RESOLUTION NO. 029204
Resolution authorizing the City Manager or designee to accept a grant of $241,637 from
the Texas Department of State Health Services to provide an immunization program for
children, adolescents, and adults, with special emphasis on children two years of age and
younger and to execute all related documents; and ratifying acceptance of the grant
agreement to begin September 1, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
7.b. ORDINANCE NO. 029205
Ordinance appropriating a grant of $241,637 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide an immunization program for
children, adolescents, and adults, with special emphasis on children two years of age and
younger.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
8.a. RESOLUTION NO. 029206
Resolution authorizing the City Manager or designee to accept a grant of $22,500 from the
Texas Department of State Health Services to provide laboratory services for the analysis
of bay water samples and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
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City Council Minutes
September 13, 2011
Page 5
8.b. ORDINANCE NO. 029207
Ordinance appropriating a grant of $22,500 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis
of bay water samples.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
The following item was pulled for individual consideration and was voted on separately. City
Secretary Chapa polled the Council for their vote on Item No. 9 as follows:
9.a. RESOLUTION NO. 029208
Resolution ratifying acceptance by the City Manager or designee of grants from the U.S.
Department of Housing and Urban Development ("HUD") forthe 2010 Consolidated Annual
Action Plan ('Plan") which consists of the Community Development Block Grant Program
($4,222,960), Emergency Shelter Grant Program ($148,916), and HOME Investment
Partnerships Program ($827,551), and to execute all documents necessary to implement
the plan as authorized by HUD.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
9.b. ORDINANCE NO. 029209
Ordinance appropriating grants from the U.S. Department of Housing and Urban
Development in the No. 1059 Grant Fund for approved 2010 community planning and
development projects as follows: $4,222,960 for the Community Development Block Grant
Program; $148,916 for the Emergency Shelter Grant Program; and $827,551 for the HOME
Investment Partnerships Program.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
9.c. MOTION NO. 2011-199
Motion ratifying the 2010 Emergency Shelter Grant Program funding agreements to be
effective August 1, 2010 and the 2010 Community Development Block Grant funding
agreement with Sea City Work Camp to be effective May 1, 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
EXECUTIVE SESSION:
follows:
Mayor Adame announced the executive sessions which were listed on the agenda as
-5-
City Council Minutes
September 13, 2011
Page 6
Executive Session pursuant to Texas Government Code Section 551.071 regarding
City of Corpus Christi, Texas vs. Friends of the Coliseum et at, Cause No. 2010 -
DCV -6004-E, in the 1481h District Court of Nueces County, with possible discussion
and action in open session.
Executive Session pursuant to Texas Government Code Section 551.071 regarding
Cause No. 2011 -DCV 4377-F, AT&T Corporation vs. City of Corpus Christi, Texas,
in the 214`h District Court of Nueces County, Texas, 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 the executive sessions.
REGULAR AGENDA:
Mayor Adame referred to Item No. 10. Constance Sanchez, Interim Director of Financial
Services stated that Item 10 is a reimbursement resolution for the issuance of 2008 bonds in an
amount not to exceed $49,300,000 relating to constructing improvements to the city's streets.
Mayor Adame called for comments from the audience. There was no public comment. City
Secretary Chapa polled the Council for their votes as follows:
10. RESOLUTION NO. 029210
Resolution relating to establishing the City's intention to reimburse itself in an amount not
to exceed $49,300,000 for the prior lawful expenditure of funds from the proceeds of tax-
exempt obligations to be issued by the City for authorized purposes relating to constructing
improvements to the City's streets; authorizing matters incident and related thereto; and
providing an effective date.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Scott was absent.
MayorAdame referred to Item No. 11. Pete Anaya, Director of Engineering Services stated
that Item 11 relates to a grant application to the Department of Commerce, Economic Development
Administration for funding for the Chaparral Street Redevelopment project. He added that a similar
grant for this project was applied for and that the city did not receive the grant. Mr. Anaya stated
that they have reformulated the grant by increasing the percent match to 50% match. A motion
was made by Council Member Martinez to amend the total project cost to $2,000,000, seconded
by Council Member Kieschnick and passed with the following vote:
The motion to amend was passed and approved with the following vote: Adame;
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
MayorAdame called for comments from the audience. There was no public comment. City
Secretary Chapa polled the Council for their vote as follows:
11. RESOLUTION NO. 029196
Resolution authorizing the City Manager or designee to submit a grant application to the
U. S. Department of Commerce, Economic Development Administration in the amount of
$2,000,000 forthe Chaparral Street Redevelopment Project, Phase 1, to convert Chaparral
Q -C
City Council Minutes
September 13, 2011
Page 7
Street (now a one-way) from Schatzel Street to William Street into a two-way
vehicle/pedestrian-friendly corridor, with a city match of $1,000,000 coming from Street
2008 Bond Issue, and a total project cost of $2,000,000.
The foregoing resolution was passed and approved as amended with the following vote:
Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez and Scott, voting "Aye"; Loeb
abstained.
Mr. Olson explained the new format on the agenda. He added that during the Council
retreat they discussed conducting every other meeting with a workshop meeting but restrictions in
the Charter did not allow for alternating meetings. He explained the following two sections on the
agenda, First Reading and Future Agenda Items and Updates. Mr. Olson stated that the future
agenda item section is intended for the council to preview upcoming action items, and the Updates
to Council replaces the previous Presentation section.
FIRST READING ORDINANCE(S):
Mayor Adame referr-ed to Item No. 12. Mark Denson, Parking Control Supervisor stated
that this item is to amend the effective date from October 1, 2011 to January 1, 2012 for the
decriminalization of parking violations. Mayor Adame called for comments from the audience.
There were no comments from the audience. City Secretary Chapa polled the Council for their vote
as follows:
12. FIRST READING ORDINANCE
Amending the effective date of Ordinance No. 029142 making stopping, standing, and
parking violation a civil offense from October 1, 2011 to January 1, 2012 and to provide a
repealer.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye"
FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL:
Mayor Adame referred to the Future Agenda Item section on the agenda.
Mike Barrera, Assistant Director of Financial Services addressed Item 13, Resolution
approving an electronic procurement policy for the City of Corpus Christi. He stated that the
procurement policy allows the City to accept bids electronically via a third party provider, thereby
streamlining the bid submission process and reducing costs for the city.
Pete Anaya, Director of Engineering Services addressed Item 14, a Professional Services
Contract with Coym, Rehmet & Gutierrez Engineering for paving assessment projects. Mr. Anaya
stated that this project includes upgrades of the following three street sections: Vaky Street
(Swantner to Reid); Ivy Lane (Gollihar to Horne); and Clare Drive (SPID to McArdle). He provide
a brief presentation on the upgrades, the project scope, project schedule and project budget.
UPDATES TO THE CITY COUNCIL:
Mayor Adame referred to the Updates to City Council section on the agenda.
—7—
City Council Minutes
September 13, 2011
Page 8
Captain Breedlove, Police Captain addressed Item 15, a presentation on Proposed
Amendments to Ordinance to Regulate Secondhand Dealers and Metal Recyclers in the City. Mr.
Breedlove provided an overview of the following proposed changes to the ordinance: requirement
of a $10,000 bond and city permit; HVAC license required to sell any part of an air conditioner;
restrict method of transport; and require online reporting to include photos, thumb prints, vehicle
identification via leads online. MayorAdame called for comments from the audience. The following
persons spoke: Ken Hobbs, Robert Alvarez, and Carolyn Moon.
Oscar Martinez, Assistant City Manager addressed Item 16, a presentation on the Corpus
Christi Energy Efficiency and Conservation Block Grant (EECBG) Program. Mr. Martinez provided
an overview including a $2.7 million grant from the Department of Energy; described the following
program goals - reduce total energy use, reduce fossil fuel consumption, reduce greenhouse gas
emissions, improve energy efficiency and create and retain jobs; the 13 eligible project activity
categories; timeline; and the project prioritization process. Mr. Jeffrey Pollack, HDR Engineering
provided an overview on the Sustainability Plan including the guiding principles, concept plans, and
mobility plans.
Fred Segundo, Director of Aviation addressed Item 17, a presentation on the Runway
Safety Project. Mr. Segundo introduced Steve Creamer with KSA Engineers. Mr. Segundo stated
that this a 3 year project funded through a multi year FAA grant plan including a local match and
the estimated costs is $30 million. He referred to a powerpoint presentation including the purpose
of the project, the project scope; a comparison of the existing conditions vs. mitigated conditions;
the project schedule and project costs, and referred to additional projects under evaluation.
Gustavo Gonzalez, Director of Water addressed Item 18, a presentation on the Water
Supply Status and Drought Management Plan. Mr. Gonzalez introduced John Metz, Director of
NOAA. Mr. Gonzalez provided an overview of the climate trends; current reservoir levels and
projections; water volume projections, comparison of water demand scenarios and safe yield
supplies, drought contingency plan; proposed drought contingency plan, and explained the four
stages of the drought plan. Mr. Metz referred to a powerpoint presentation which included annual
rainfall statistics back to 1887; the effects of La Nina and EI Nino; rainfall outlook for October,
November and December, the drought outlook, and probability of below normal rainfall.
PUBLIC COMMENT
Mayor Adame referred to comments from the audience. There was no public comment
CITY MANAGER COMMENTS
City Manager Olson stated that the correct location forthe NAACP Health Fair is at the Del
Mar West Campus on Monday, September 19, 2011. Mr. Olson stated that staff is continuing their
work on developing a business plan for city operations; re -defining the mission statement to link
with the budget process and balanced score card.
Council Member Adler asked aboutthe status of Park Road 22; Council Member Kieschnick
asked about the appointments to the Port of Corpus Christi Authority and Nueces County Appraisal
District. City Secretary Chapa stated that they would be scheduled for appointment the first
Tuesday in October.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 4:00 pm on September 13, 2011.
Z -Z
2
City of
Corpus
Chnsti
wr.
AGENDA MEMORANDUM
for the City Council Meeting of September 20, 2011
DATE: 09/20/2011
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Servicesij
mikeb@cctexas.com
361-826-3169
Resolution Approving an Electronic Procurement Policy for the City of
Corpus Christi
PURPOSE:
Resolution approving an Electronic Procurement Policy for the City of Corpus Christi.
BACKGROUND AND FINDINGS:
Effective August 1, 2011, the Purchasing Division of the Financial Services Department migrated to
an automated e -procurement solution. Vendors are required to register with the City through Public
Purchase, the City s Software -as -a -Service (SAAS) Provider. Vendors then access the Purchasing
Division's procurement packets online through Public Purchase. This has reduced the cost of
paper, postage and personnel requirements related thereto. However, vendors are still required to
submit bids and proposals on paper, compact disc or flash drive.
The next phase in automating this process is for vendors to submit bids and proposals by means of
electronic transmission via Public Purchase's online bid/proposal submission platform, thereby
effectively eliminating the need for vendors to submit bids and proposals on paper, compact disc or
flash drive.
Electronic transmission of bids and proposals will streamline the bid/proposal submission process
for vendors and the City. Leveraging this technology will result in additional efficiencies in the
receipt and evaluation of bids and proposals.
In order to receive bids and proposals via electronic transmission, Section 252.0415(a) of the Local
Government requires that "...the governing body of the municipality adopt rules to ensure the
identification, security, and confidentiality of electronic bids or proposals and to ensure that the
electronic bids or proposals remain effectively unopened until the proper time". The attached policy
provides those rules.
There is no cost associated with this service.
This policy will apply to all City procurement functions.
ALTERNATIVES:
In lieu of migrating to electronic bid/proposal submission, the City can continue to receive bids and
proposals on paper, compact disc or flash drive. However, doing so will not allow vendors and the
City to realize the aforementioned additional efficiencies.
FINANCIAL IMPACT:
x Not Applicable ❑ Operating Expense
—11—
❑ Revenue ❑ CIP
FISCAL YEAR:
(CIP Only)
Year
Years
TOTALS
Budget
0.00
Encumbered/Expended
amount as of (8/24/11)
0.00
This item
0.00
BALANCE
0.00
jFUND(S):
RECOMMENDATION:
Staff recommends authorizing the resolution approving an Electronic Procurement Policy for the City
of Corpus Christi.
CONFORMITY TO CITY POLICY:
This policy conforms to the City s purchasing policies and procedures and state statutes regulating
procurement.
EMERGENCY/NON-EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Financial Services
Engineering
Neighborhood Services
LIST OF SUPPORTING DOCUMENTS:
Electronic Procurement Policy F-4.16
cc: Brian Narvaez, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management & Budget
Margie Rose, Assistant City Manager
Pete Anaya, Director of Engineering
Eddie Ortega, Director of Neighborhood Services
-12-
City of
Corpus
Christi
SUBJECT: Electronic Procurement Policv
Ronald Olson, City Manager
I. PURPOSE:
CITY POLICIES
NO.: F-4.16
EFFECTIVE: 09/21/2011
DATE: 09/20/2011
To receive electronic sealed bids, proposals and other procurement documents in
accordance with Section 252.0415(a) of the Local Government Code requiring the
identification, security and confidentiality of electronic bids or proposals and to ensure
that the electronic bids or proposals remain effectively unopened until the proper time.
II. DEFINITIONS:
A. Identification: A notification will be added to the City's procurement documents
stating vendors should submit responses electronically through the City's Software -
as -a -Service (SAAS) Provider at the appropriate electronic address listed. Through
the SAAS Provider's website, vendors may confirm that the SAAS Provider is in
receipt of the vendor's bid or proposal. Identification is controlled through the
vendor's profile with the SAAS Provider.
B. Security: At the specified closing time, a password -enabled City employee will
open and download all procurement documents from the City's SAAS Provider.
Bids, proposals and any other documents that are submitted non -electronically at or
before the closing time will be accepted and then entered electronically by the City
after the closing time specified in the procurement document.
C. Confidentiality: Bids, proposals and other procurement responses will remain secret,
unopened and time -locked through the specified closing time. Immediately
following the specified closing time, bids will be publicly opened and read aloud.
Proposals and other procurement responses will be opened in a manner that avoids
disclosure of the contents to competing vendors and keeps the proposals secret
during negotiations.
—13—
RESOLUTION
APPROVING AN ELECTRONIC PROCUREMENT POLICY FOR
THE CITY OF CORPUS CHRISTI, TEXAS.
WHEREAS, the Purchasing Division of the Financial Services Department has
determined it is in the best interest of the City of Corpus Christi ("City') to migrate
to an e -procurement system; and
WHEREAS, the e -procurement system would allow the City to receive bids and
proposals via electronic transmission and thereby streamline the bid/proposal
submission process and reduce costs for the City; and
WHEREAS, Section 252.0415(a) of the Texas Local Government Code requires
the City to adopt an electronic procurement policy that ensures the identification,
security, and confidentiality of electronic bids or proposals and ensures electronic
bids or proposals remain effectively unopened until the proper time; and
WHEREAS, the attached electronic procurement policy complies with Section
252.0415(a) of the Texas Local Government Code and conforms to the City's
existing procurement policies and procedures as well as other state statutes
regulating procurement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. The City Council approves the attached electronic procurement
policy for the City of Corpus Christi, Texas.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to form: SA-+. 7 , 2011
L. Brian arvaee
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
1of2
—14—
Corpus Christi, Texas
of
2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John Martz
Nelda Martinez
Mark Scott
-15-
2of2
3
ofsiwt,CC�tysti
DATE: August 29, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services
petean(&cctexas.com, (361) 826-3781
Approval of Professional Services Contract:
Paving Assessments (Bond Issue 2008)— Project Nos. 6503, 6504 & 6505
PURPOSE:
Motion authorizing the City Manager or designee to execute a Professional Services contract with
Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $236,127.00 for
Paving Assessment Projects: Vaky Street (Swantnerto Reid), Ivy Lane (Golliharto Horne) and Clare Drive
(SPID to McArdle) (Bond Issue 2008).
BACKGROUND AND FINDINGS:
The project includes the upgrading of three street sections. Vaky Street is currently a 28' Back to Back
curb and gutter street section. Improvements will consist of new curb and gutter, new sidewalks and
driveways to the ROW line, mill and overlay the existing street section with anew asphalt surface. Ivy Lane
(Golliharto Horne) is currently a 20' rural street section with roadside drainage ditches. Improvements will
include anew 28' Back to Back curb and gutter section, new sidewalks and driveways to the Right -of -Way
line, new storm sewer, new sanitary sewer, new water services and all appurtenances. Clare Drive (SPID to
McArdle) is currently a 20' rural street section with roadside drainage ditches. Improvements will include a
new 28' Back to Back curb and gutter section, new sidewalk and driveways to the Right -of -Way line, new
storm sewer, Cured in Place Pipe rehabilitation of the existing sanitary sewer, new water services and all
appurtenances.
This projectwas approved November4, 2008 in the Bond Issue 2008 Package under Proposition No.1
Street Improvements. A contract for professional services is required to complete the design phase, bid
phase, and construction phase; and requires City Council approval.
RFQ No. No. 2008-05 Bond Issue 2008 and Other Projects was distributed on September 19, 2008 and
posted on the City of Corpus Christi's website. Eleven (11) firms responded to the request for.qualifications
forthe Paving Assessments Project. The firms' qualifications were reviewed by a Selection Committee. All
firms were deemed competent and able to complete the project; Coym, Rehmet & Gutierrez Engineering,
L.P., of Corpus Christi, Texas, was chosen to complete the project.
ALTERNATIVES:
1. Repeat the RFP Selection Process and negotiate with a different consultant.
2. Award the contract to Coym, Rehmet & Gutierrez Engineering, L.P. as proposed.
K.Tngineenng DaaEx&angAC1arisaa➢Streaa\6503, 6504, 6505 -Paving Assessna ms Bond 200i7AJ2Item\6503, 6504, 6505 - Exemnve Summary.dou
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
Prior Year
FISCAL YEAR: 2011-2012 CIP Only)
Current Year Future Years TOTALS
Budget $7,500.00
$2,222,500.00 $2,230,000.00
Encumbered/Expended Amt.
This item
$236,127.00
BALANCE
$13,873.00
FUNDS (S): Streets
Comments: The estimated cost of construction of these Paving Assessments Bond 2008 Projects is
$1,610,000. The total basic services fee proposal for this project is $119,550. Therefore, the percentage of
design cost to construction cost is 7%. The anticipated completion date for construction of this project is
December 2012.
RECOMMENDATION: City staff recommend that the contract be awarded to Coym, Rehmet & Gutierrez
Engineering, L.P. of Corpus Christi, Texas, in the amount of $236,127.00 for Professional Services.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011-12
Capital Budget.
EMERGENCY/NON-EMERGENCY:
Not Applicable.
DEPARTMENTAL CLEARANCES
Not Applicable.
LIST OF SUPPORTING DOCUMENTS
Project Budget
Location Map
Cc: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
K9fingineering DateEvchang4ClaAssaNitaets\6503,6504,6505- Paving Assessments Eond 2001 enOda Item\6503,6504,6505- Execufive Summa,.doca
PROJECT BUDGET
PAVING ASSESSMENTS - BOND 2008
Project Nos. 6503, 6504, 6505
September 13, 2011
FUNDS AVAILABLE:
Streets CIP (Bond 2008) $2,230,000.00
FUNDS REQUIRED:
Construction: (Estimate) $1,610,000.00
Contingencies $161,000.00
Consultant Fees:
Consultant (Coym, Rehmet & Gutierrez Engineering, L.P.) $236,127.00
Materials Testing $32,200.00
Reimbursements
Contract Administration (Contract Preparation/Award/Admin) $61,325.00
Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $78,050.00
Finance Issuance $27,875.00
Misc. (Printing, Advertising, etc.) $11,150.00
TOTAL $2,217,727.00
ESTIMATED PROJECT BUDGET BALANCE 1 $12,273.00
-21-
NOT TO SCALE
PROJECT #6503, 6504, 6505
PAVING ASSESSMENTS
BOND 2008
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE; 1 of 1
DA
El
City of
Corpus
Clu7sti
AGENDA MEMORANDUM
for the City Council Meeting of 09/13/2011
DATE: August 30, 2011
TO: Ronald L. Olson, City Manage
FROM: Troy Riggs, Chief of Police
Tr
TrovrCcDcctexas.com j
886-2603
Amending the effective date of Ordinance No. 029142 regarding decriminalization of parking violations.
PURPOSE: Ordinance amending the effective date of ordinance No. 029142 making stopping, standing,
and parking violation a civil offense from October 1, 2011 to January 1, 2012.
BACKGROUND AND FINDINGS: The original ordinance was approved by City Council on July 19. The
decriminalization of parking violations changes the violation from a criminal offense to a civil offense which
is allowed under Chapter 682 of the Texas Transportation Code. The Municipal Court system will no
longer hear cases regarding parking violations issued by the City of Corpus Christi except disabled
parking violations. Instead an administrative office will be established to handle the administrative
adjudication of the parking violations. A violator will not have to wait for a court date to be set as they may
appear at any time before the administrative hearing officer to handle the violation. This will additionally
assist with the backlog of cases in the criminal court system.
The development of policies and procedures, the purchasing of software and operating systems as well as
the interface with existing systems requires an expanded time frame for implementation.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP
FISCAL YEAR: 2011 - 2012
Project to Date
Exp. (CIP Only)
Current Year
Future Years
TOTALS
Budget
0
0
0
0
Encumbered / Expended Amt.
as of
0
0
0
0
This item
0
0
0
0
BALANCE
0
0
10
0
FUND(S): General
Comments:
Staff recommends approval of the ordinance.
CONFORMITY TO CITY POLICY:
Council approval required for approval of the revised ordinance.
EMERGENCY/NON-EMERGENCY: —25—
Non -emergency
DEPARTMENTAL CLEARANCES:
Management and Budget
Legal
LIST OF SUPPORTING DOCUMENTS:
Cc: Trisha Dang, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager
-26-
Page 1 of 2
ORDINANCE
AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 029142
MAKING STOPPING, STANDING AND PARKING VIOLATION A CIVIL
OFFENSE FROM OCTOBER 1, 2011 TO JANUARY 1, 2012; TO
PROVIDE FOR PUBLICATION; AND TO PROVIDE REPEALER.
WHEREAS, on the 19th day of July, 2011, the Corpus Christi City Council adopted
Ordinance No. 029142 which amended Chapter 53, Traffic, making stopping, standing
and parking violation a civil offense within territorial limits of the city; and
WHEREAS, the effective date of the Corpus Christi City Council was stated in the
ordinance to be effective October 1, 2011; and
WHEREAS, the Corpus Christi City Council has determined that it is in the best interest
of the public to delay the effective date of the ordinance until the date of January 1,
2012;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Ordinance No. 029142, adopted by the Corpus Christi City Council on
July 19, 2011 shall be, and hereby is, amended to change the effective date of the
ordinance to the date of January 1, 2012.
SECTION 2. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are
repealed as of the effective date of this Ordinance.
SECTION 4. This Ordinance takes effect upon passage.
—27—
Page 2 of 2
That the foregoing ce was read or the fi t time and passed to its second
reading on this the ordin day of 2011, by the following vote:
Joe Adame Priscilla G. Leal
Mark Scott John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Kevin Kieschnick Chris N. Adler
David Loeb
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame Priscilla G. Leal
Mark Scott John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Kevin Kieschnick Chris N. Adler
David Loeb
PASSED AND APPROVED, this the day of 2011.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
APPROVED AS TP FORM: August 30, 2011
T. Trisha Dang
Assistant City Attorney
For City Attorney
2%Z
5
DATE: 9/14/2011
TO: Ronald L. Olson, City Manager
FROM: Armando Chapa
City Secretary
ArmandoCCcbcctexas. com
361.826.3105
CAPTION:
AGENDA MEMORANDUM
for the City Council Meeting of September 20, 2011
Carlos Valdez
City Attorney
CarlosV(a)cctexas.com
361.826.3873
Approval of Firm to Conduct Redistricting Services.
Motion authorizing the City Manager or designee to negotiate and execute a contract with Bickerstaff, Heath,
Delgado, Acosta, LLP for Redistricting Services.
BACKGROUND AND FINDINGS:
After an evaluation conducted by a six member review panel composed of two officials from each of the three
governmental entities, the Bickerstaff firm was selected as the most qualified to provide the redistricting
services required. See Attachment A for additional information.
ALTERNATIVES:
Execute contract with another firm to provide these services.
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
Required legislative action.
EMERGENCY/NON-EMERGENCY:
Non -Emergency
DEPARTMENTALCLEARANCES:
Legal
—31—
FINANCIAL IMPACT: Operating Expense
Fiscal Year: 2011-2012
Project to Date
Expenditures
CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$60,000.00
Encumbered /
Expended Amount
.00
This item
$48,640.00
BALANCE
$11,360.00
Fund(s):
Comments: Savings in the amount of $11,360.00. The $48,640.00 amount is subject to negotiations and
may result in additional savings for the City.
RECOMMENDATION:
Approval of the motion.
LIST OF SUPPORTING DOCUMENTS:
Attachment A -Redistricting Agenda Item Memo
Attachment B -Evaluation Matrix
Attachment C -Finalists Summary of Experience and Budget
Approvals: Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
-32-
Redistricting Agenda Item
Our City Charter and other applicable laws require that we equalize the populations in our City Council
district boundaries. On June 14, 2011, the City Council authorized a collaborative effort with Del Mar
College District and Corpus Christi Independent School District to solicit Redistricting Services from
qualified Law Firms. A Request for Qualifications was sent out and six firms responded. The responders
were:
Bickerstaff, Heath, Delgado, Acosta, LLP
Bierne, Maynard & Parsons, LLP
Borjorquez Law Firm
George Korbel, Roland Rios and Jose Garza, Attorneys with Tony Canales Co -Counsel
Thompson & Horton, LLP
Walsh, Anderson, Brown, Gallegos and Green, P.C.
The following individuals reviewed the responses and rated the firms:
Dr. Lee Sloan, Del Mar College Vice President of Administration
Augustine Rivera, Del Mar College General Counsel
Dr. Robert Hernandez, CCISD Chief Administrative Officer
John Janssen, CCISD General Counsel
Armando Chapa, City Secretary
Carlos Valdez, City Attorney
The Review Panel unanimously selected Bickerstaff, Heath, Delgado, Acosta, LLP as the best qualified
firm. Walsh Anderson was rated second and Thompson & Horton was rated third. Attachment A is a
matrix of the panel's review scores and Attachment B is a summary of the experience and budget
provided by the three finalists.
Raters for all three entities have agreed to recommend the selection of the Bickerstaff, Heath, Delgado,
Acosta firm to handle the Redistricting Services for all three entities. Each entity governing body,
however, will make their own final selection and can select their own sole legal counsel to perform their
respective Redistricting Services.
The City budgeted $60,000 for redistricting services. Each firm submitted a proposed scope of work as
well as a proposed budget for the work required. Although the Bickerstaff firm's proposed budget is
$48,640, the amount of work proposed by the firm is more attuned to the City's needs. Walsh
Anderson, which was rated second by the Review Panel proposed a budget of $29,850. Thompson &
Horton's proposed budget is $17,333. The legal fees, on an individual firm basis, range from $250.00 to
$375.00 per hour and are very similar to each other.
The Bickerstaff firm is being recommended unanimously by all Raters because they have the most and
best combination of municipal, college and school district experience. Their proposal was more detailed
and realistic and offered what we feel would be a turnkey operation. Recommendations from other
Texas cities, schools, and college districts were superior for the Bickerstaff firm in comparison to the
other two. The Raters are fully confident of the ability of this firm to provide the best and most
complete Redistricting services.
—33— ATTACHMENT A
Scoter
C
V
S
R
H
J
BICJ(�RSTAFF
Rank
QualificationslExperiewe
30
30
28
29
30
30
177
Staff
29
28
28
29
25
28
167
Organization
25
24
25
25
25
25
149
Methodology
14
14
13
15
10
15
81
Tutsi
98
96
94
98
90
98
� 1
Qualifications/Experience
25
28
25
26
30
28
162
Staff
26
25
25
25
30
28
159
Organization
23
23
20
25
25
25
141
Methodology
13
14
10
12
11
15
75
Total
87
90
80
88
96
96
2
THOM[PSON
QwMcations/Experience
25
25
25
27
30
28
160
Staff
25
25
24
27
30
25
156
Organization
23
23
20
25
25
24
140
Methodology
13
14
13
13
12
15
80
Total
86
87
82
92
97
92
3
BORJOROUEZ
QualificatiionsTAperience
24
25
15
23
10
23
120
Staff
24
25
18
23
20
23
133
Organization
20
20
15
20
20
19
114
Methodology
12
10
10
13
10
12
67
Total
80
80
58
79
60
77
4
KORBEL
Qualificationsfterience
24
20
18
25
20
20
127
Staff
25
25
15
27
20
20
132
Organization
20
20
10
22
20
17
109
Methodology
12
12
10
10
10
8
62
Total
81
77
53
84
70
65
S
REM
QwMcations/Experience
20
25
15
25
10
22
117
Staff
22
25
10
25
10
23
115
Organization
23
20
25
25
15
20
128
Methodology
10
10
5
10
.10
0
45
Total
75
80
55
85
45
65
N 6
—34— ATTACHMENT B
I
J
I
I
Bickerstaff, Heath, Delgado
Acosta LLP
STATEMENT OF QUALIFICATIONS
OVERVIEW
Bickerstaff Heath Delgado Acosta LLP is a 31 -lawyer firm with a 30 -year history
of representing governmental entities and businesses in Texas. Our offices are located
in Austin, Dallas, EI Paso, Houston, and the Rio Grande Valley of Texas. Our attorneys
Include experienced transactional lawyers, Iltigators, well-known government lawyers,
specialists in real estate, and lawyers who have a diverse group of clients: Fortune 500
companies, local and state government entities, individuals, foreign companies, and
public and private institutions.
Our firm was founded as Bickerstaff and Heath in 1980 by Bob Heath and Steve
Bickerstaff, two experienced lawyers with backgrounds in the State Legislature arid the
Texas Attorney General's Office. The firm rapidly expanded its services statewide to
serve local governments throughout Texas and businesses subject to government
regulation. Today, as Bickerstaff Heath Delgado Acosta LLP, the firm has 20 equity
partners and 31 lawyers overall.
Bickerstaff Heath Delgado Acosta is one of the largest certified minority-owned law
firms in the country, and the only one focused primarily on government -related work. The
firm has earned HUB certification from the State of Texas. Martindale -Hubbell has
awarded us with the highest "AV" rating based on legal ability and ethical standards as
determined by the worldwide leader in law firm rankings. The firm's practice areas
include legislative, public finance, state and local government, bankruptcy/creditors
rights, tax, real estate, banking, corporate/intemational, defense litigation, labor and
employment, and water rights. The firm prides itself on being well-qualified in its practice
areas and committed'to responding rapidly to the needs of Its clients.
The firm has a successful business track record for 30 years. With over 30
lawyers and 30 other employees, the fine has annual revenues in excess of $7.5 million.
Our DUNS Number is 11-644-2641 and provides access to our financial rating. The RFQ
did not specify the particular information required by the entities but we are prepared to
submit additional information if requested.
Since it was founded, the fine has been involved with redistricting for the State of
Texas as well as for hundreds of Texas local governmental entities. The firm's
attorneys and staff specialists have redistricted Texas cities, school districts and
colleges in the 1991, 2001 and 2011 redistricting cycles. The firm proposes a complete
solution to the projects for the City of Corpus Christi, Corpus Christi Independent
School District and Del Mar College District (also referred to in this Statement of
Qualifications as the "City", the "School District" and the "College District", or
collectively, the "entities") and has all of the expertise and technology to provide full -
scope redistricting services.
Bickerstaff Heath Delgado Acosta LLP Page 1
—35— ATTACHMENT C
I
Guiding Texas governmental entities through the political and legal intricacies of
redistricting has been a specialty of our attorneys for three decades. After the firm's
founding in 1980, it worked with the Texas Legislature in the 1981 redistricting cycle to
N assist in the drawing of legislative districts. During the 1991 redistricting cycle the fine
represented numerous counties, cities and other entities in redistricting. During the
2001 redistricting cycle, the firm represented the Attorney General of the State of Texas
on Texas legislative redistricting and 98. Texas local governmental entities, including 44
counties, 23 municipalities, 22 school districts, 3 community colleges, and 6 special
districts. The firm was hired by the Texas Senate in 2003 to assist it in congressional
redistricting. For the 2011 redistricting cycle, we are representing 82 local governmental
entities, including the State of Texas. Whether the entity needed merely an evaluation
of redistricting requirements, a complete remapping of its districts, consolidation of
districts or creation of additional districts, conversion from an at -large to a single -
member voting system, abolishment of a county justice precinct or elimination of a JP
office, or counseling on litigation avoidance, our depth of experience in this practice
area has helped make the process both successful and as smooth as possible for our
clients.
In our redistricting representation, we use the latest technology and software, so
we can directly assist public entities in drawing new districts. We have full-time GIS
(geographic information system) staff to assist in the redistricting process, including in-
house production and printing of maps. We prepare submissions to the U.S. Department
of Justice to obtain Voting Rights Act section 6 preclearance and respond to DOJ's
questions during that process. We work with officials, staff, and members of the public to
ensure that redistricting obligations are met and public participation is enhanced.
By choosing Bickerstaff Heath to assist the City, School District and College
District with their respective redistricting processes, the combined entities will have an
opportunity to achieve unique savings not generally available to similarly situated
entities that do not elect to use the services of the same firm. More specifically, the
entities can take advantage of opportunities to utilize similar dates and processes when
convenient and in the entities' best interests. For instance, the entities could choose to
coordinate public hearings, thereby saving in terms of the effort and expense involved
in conducting entirely separate hearings. The entities could also coordinate with regard
to our attorneys' on-site representation, whether at public hearings or in meetings with
1 the City Council, Board of Trustees or Board of Regents, To the extent such on-site
'1 services could be provided to the separate entities on the same day or during the same
trip, travel expenses for our attorneys traveling from Austin could be greatly reduced. In
addition, consolidating the entities' redistricting services with Bickerstaff Heath will
significantly increase the opportunity to develop plans in which the entities' various
district boundaries closely match, thereby avoiding the issue of split precincts and the
ballot complexities that arise under such circumstances. Closely matching plans and
boundaries will provide decade-long savings by reducing voter confusion and
simplifying the process of holding elections over the next ten years.
Bickerstaff Heath Delgado Acosta LLP Page 2
—36—
I
Before detailing the firm's qualifications in relation to the entities' technical
requirements, the firm wants to acknowledge and accept the specifications, criteria and
instructions as outlined in Sections I - VII of the RFQ. The firm's Conflict of Interest
Questionnaires for each entity are included as Exhibit A.
REDISTRICTING SERVICES
Our firm provides local government entities with comprehensive redistricting
plans based on the 2010 Census, as well as frameworks for implementation. The firm
provides services in redistricting in four areas: (1) legal advice, (2) demographic
analysis and drawing proposed districts, (3) submission of plans for Department of
Justice preclearance, and (4) litigation defense.
Leaal Advice. We routinely advise governmental entities regarding their legal
obligations during the redistricting process. Generally, this will include issues
arising under the United States Constitution and the federal Voting Rights Act,
and also may include state law questions.
Under the current state of federal voting rights law, a governmental body must
walls a legal, tightrope as it undergoes redistricting, balancing Voting Rights Act
section 2 nondiscrimination and section 5 "non -retrogression" demands with the
"reverse discrimination" limitations on race -based redistricting set out in the U.S.
Supreme Court's Shaw v. Reno line of cases. The legal consequences of
decisions made in the redistricting process will be particularly significant, and the
choices made early in the process can be especially critical. Accordingly, the
timing and quality of legal advice will be of the utmost importance.
The firm will prepare memoranda and brief the governing bodies of each entity
and staff on their responsibilities under the Voting Rights Act and the Shaw v.
Reno Supreme Court decisions. The firm will also assist the entities in
developing redistricting criteria for the governing bodies to adopt and follow.
An attorney will attend appropriate committee and governing body meetings, as
well as other meetings scheduled by staff in order to discuss and develop the
redistricting process and plan. The firm's services will also include conducting
public hearings and analyzing public comments and any plan suggestions.
Demoaraohic Analysis and Drawina Districts. The firm has technical capabilities
specifically designed for redistricting, which include sophisticated GIS and
redistricting software, hardware, and technical GIS support. Many of the clients
we advise on redistricting also retain the firm to perform demographic analysis of
their existing districts and to assist them in drawing proposed districts. Even
where the governmental entity uses a separate demographic specialist, there are
instances in which it is beneficial for the attorneys to be able to make their own
Bickerstaff Heath Delgado Acosta LLP
-37-
Page 3
I
I
analysis prior to determining what tasks the demographic expert will be asked to
perform. If the firm Is asked to prepare districts, the proposed districts will
generally constitute only a starting point, as governing body members suggest
alterations and additional options are prepared. An attorney will supervise the
line -drawing process, but much of this work will be done by a redistricting
specialist with special training and experience in the use of redistricting GIS
software. This produces a more . efficient and economical means of
accomplishing the task as the redistricting specialist will have a much lower
billing rate than the supervising attorney.
The attorneys will present the legal, demographic, and statistical analysis to the
entire City Council, School Board and Board of Regents prior to each respective
body's vote on the redistricting changes.
Section 5 Preclearance Submission. Under section 5 of the Voting Rights Act,
any redistricting plan adopted by a political subdivision will need to be precleared
by the Department of Justice or by a three-judge district court in the District of
Columbia before it can be implemented. The firm has prepared hundreds of
preclearance submissions to the Department of Justice and routinely does this
for its redistricting and election law clients. It is important that the submission not
be thought of as merely something that happens at the end of the process.
Rather, the redistricting process should be specifically designed to address the
issues that will be important to the Department of Justice and to develop the
material that will need to be included in the submission. The firm's success in
the Chen v. City of Houston case discussed above validates this view. It is also
important to remember that the submission process involves not only the written
submission materials, but often also includes a substantial effort to respond to
clarifying questions posed by the Department and to its requests for additional
information.
Votina Riahts. Litigation. A major goal of the process is to design a plan that will
avoid litigation and liability. The firm tries during the process to minimize the
likelihood of a successful legal challenge by advising the client of the most legally
defensible plan and by being sure that the redistricting process itself produces a
record that can be used to demonstrate that the adopted plan complies with the
applicable legal standards. Sometimes, however, when the opponents of a plan
are unsuccessful in the political arena, they will move their battle to the
courthouse. In those instances, the firm is prepared to defend the plan as it has
extensive experience in litigating Voting Rights Act and Shaw v. Reno issues. As
described above, the firm has unique experience in Shaw v. Reno -type cases
because of its success in the Chen v. City of Houston case. Members of the firm
are licensed in the U.S. Supreme Court and various lower federal courts, including
the U.S. Court of Appeals for the Fifth Circuit, and the U.S. District Courts for the
Eastern, Western, Northern, and Southern Districts of Texas.
Bickerstaff Heath Delgado Acosta LLP
190
Page 4
I
Software
We use the most recent Autobound redistricting software operating as an
extension to ESRI's ArcGIS to software. In addition, our Senior GIS Specialist worked
with the designer of the software during its development to ensure needed features
were included and were user friendly.
implementation
The specific tasks our firm is ready to provide as redistricting assistance to the
City, School District and College District are:
a. Initial schedule planning. The firm will consult with the governing bodies
and establish a schedule for performance of the various tasks for which
the firm has been engaged. This would include scheduling Council and
Board meetings, work sessions, and public meetings; establishing target
dates for presentation of proposed plans for consideration by the
�. governing bodies and/or for public discussion; and establishing a target
deadline for the Council's and Boards' adoption of a redistricting plan and
for submission of a preclearance request to the Department of Justice.
The fimr will counsel the governing bodies and clearly define their
responsibilities in the redistricting process.
b. Conduct training sessions: If requested, the firm will schedule training
sessions or workshops for any of the governing bodies or any staff who
will be involved with the entity's redistricting process. Topics may include:
overview of applicable legal standards; development of redistricting
criteria; organization and coordination of redistricting process and
schedule; role of public input and conduct of public meetings; required
documentation for preclearance submission; the firm's GIS and
demographic capabilities; and the use of Internet -based conferencing to
conduct some or all of the workshops, meetings and public hearings The
_training sessions are an Important element of ensuring that the entities'
efforts are consistent with the relevant laws governing the redistricting
process.
C. ldenti and begin other census -release tasks. Tasks in this category may
include: (I) collecting data concerning existing Council and Board member
�'. voting district boundaries, to be input Into the firm's GIS/redistricting
software databases and verified, and any other demographic or boundary -
related data or information the entities may have; (ii) assisting the entities
with preparation of draft resolutions, public notices, and other documents
likely to be needed during the process (and preparation of their translation
Into Spanish); and (iii) Identifying and beginning to collect data and
Bickerstaff Heath Delgado Acosta LLP
Page 5
—39—
l
I
documents likely needed as part of any ultimate preclearance submission
The firm is experienced In the use of census data and Tiger/Line (census
geography) files and is capable of drawing districts at various levels of
geography. Where possible, the geographical units the firm recommends
be used are election (voting) precincts, which in census terminology are
known -as voting tabulation districts or VTDs. This is especially
appropriate in the context of seeking to avoid Shaw v. Reno (racial
gerrymandering and/or reverse discrimination) liability. In the event of
' unforeseen circumstances, as appropriate, the firm can use other
geography with census population data.
d. Performina an initial assessment. The firm will examine the new
population data and determine whether current City Council, Board of
Trustees or Board of Regents districts have become sufficiently
unbalanced in population as to require the respective entity to engage in
redistricting. This "initial assessment' will be presented to, and discussed
With the respective governing body.
e. Development and adoption of criteria for redistricting. If any of the
Council, Board of Trustees or Board of Regents districts are determined to
be out of balance, the firm will assist the respective governing body in
identifying and adopting practical and legal criteria to be followed during
the redistricting process. In light of Shaw v. Reno -type cases concerning
gerrymandering and the standards that have emerged from them, this is a
critical element of a successful redistricting process and important to
establishing defensibility of an adopted plan against later litigation.
f. Develoo redistricting plans. The firm will develop redistricting plans for the
entitities' single -member districts using the firm's GIS and demographic
capabilities. The firm will work with the individual governing bodies (and
any ad hoc committees, as requested) to develop plans suitable for
preclearance submission that take into account, consistent with the
applicable legal requirements and the respective entity's adopted
redistricting criteria, the various practical and political considerations the
governing body determines are relevant. Under our preferred approach,
we interview affected Council or Board members to ascertain their
interests and concerns as we propose adjustments to population in their
districts. We anticipate that a number of plans may be developed, each
responding to a different set of considerations proposed by the governing
bodies, and that some modifications or refinements may be required
before a plan is acceptable to the Council or Board. As desired, the firm
will provide written materials in support or explanation of any plans
developed by the firm at the governing body's request.
Bickerstaff Heath Delgado Acosta LLP
-40-
Page B
I
g. Advise the City Council. Board of Trustees and Board of Regents
reaardina the merits of plan(s). The firm will advise the governing bodies
of the relative legal and practical merits of particular plans under
consideration. As requested, members of the firm will attend meetings of
the Council or Boards at which plans are presented and discussed. The
firm will provide written materials in support or explanation of any plans
evaluated by the firm at the governing body's request. In addition, the firm
will provide an Independent assessment of any plans under serious
consideration, and also any plans submitted by the public. This
assessment will verify whether and how the plan under consideration
satisfies the applicable legal standards and whether the adopted
redistricting criteria appear to have been followed.
of final plan. Typically, one or more plans proposed by an entity will be
presented for public comment. The firm will conduct public presentations
of proposed plans and summarize public comments for the respective
governing body. The firm will assist the Council or Board in adopting a
final plan considering public comments.
Testimony at each public hearing will be transcribed by a certified court
reporter or by electronic recording devices, depending upon the entity's
instructions. The substance of such meetings, public comments on the
specific plans presented, and the respective entity's responses, should be
characterized in the preclearance submission. Our experience is that the
time and cost for attorney review of such meetings associated with
preparation of the submission package is greatly reduced — by more than
the cost of the reporter — if there is an accurate printed transcript on which
to rely,. in lieu of poring over tapes of the meetings, from which
Identification of the various speakers is difficult, if not impossible, and
which may suffer unpredictably from poor sound quality or even wholly
missed portions of meetings. The importance of these meetings is
demonstrated by the assignment of the firm's attorneys to attend and
document the meetings.
Preparation of preclearance submission. Upon adoption of the plans, the
fine will prepare the required Voting Rights Act section 5 preclearance
submissions for the Department of Justice, including assembling all
documentation required.
As the entities are aware, under section 5 of the Voting Rights Act, any
redistricting plan adopted by the governing body will need to be approved
by the Department of Justice or by a three-judge district court in the
District of Columbia before it can be implemented. The firm has prepared
hundreds of submissions to the Department of Justice and routinely does
Bickerstaff Heath Delgado Acosta LLP
-41-
Page 7
I
this for its redistricting clients. Our redistricting process is specifically
designed to address the issues that will be important to the Department of
Justice and to develop the material that will need to be Included in the
submission. The submission process involves not only the written
submission materials, but often also includes a response to clarify
questions posed by the Department and to its requests for additional
information. The firm will also work with the entities to submit their plans
to any other required agency.
j. Responding to DOJ requests for additional information During the
Department of Justice's review of the preclearance submissions, it may
request additional information. The firm will work with the entities to
prepare responses to those requests -and deal directly with DOJ to answer
any questions. In unusual circumstances, it may be desirable for Council
or Board members and members of the fine to visit with DOJ officials in
Washington D.C. We do not anticipate such circumstances arising, but in
the event they do, the firm will be available to meet with DOJ personnel.
k. Onaoina legal counsel and consulting The firm will be available through
the conclusion of the submission stage to provide ongoing legal counsel
and consulting to the City, School District and College District concerning
the redistricting process, related requirements, the plans considered and
the plans adopted, the preclearance submissions, and initial
implementation of any precleared plan. This does not include counseling
regarding any specific litigation brought against an individual entity, which
would fall under the category of litigation representation.
Liti ation. In the event there is litigation or threatened litigation, the firm
Will be available to counsel the respective entity about the likely merits of
any suit or claim brought or anticipated to be brought imminently and to
defend the challenge. The firm will also be available to advise the entity
regarding potential litigation arising after the submission process is
concluded. A major goal of the redistricting process is to design a plan
that will avoid litigation and liability, there is, however, no way to guarantee
that an adopted plan will not be challenged. If it is, our voting rights
litigators have been successful in defending lawsuits and in disposing of
them quickly and efficiently. A list of our voting rights litigation experience
Is included in Exhibit B.
Bickerstaff Heath Delgado Acosta LLP
-42-
Page 8
Bickerstaff Heath Delgado Acosta LLP
-Client Lht-
:: `. Counties '.- Ckks Scfiools..._,
Archer County Alvin (Austin ISD
ell County
an County
ierscounty
an County
do County
i County
County
r county
e County
ton County
Is County
; County
lupe County
on County
County
I County
s County
s County
County
on County
in County
I County
County
rty County
s County
Oak County
o County
lison County
tin County
hell County
re County
gdeches County
Is County
Pinto County
s County
an County
Man County
els County
icher County
ycounty
i County
ng County
n County
nt County
erde County
r County
Ington County
ton Countyrger County
Rio
Prairie
.. ::Spe�efObtrlets, -:.
arton Springs (BSEACD(
alhoun Co Navigation
eagan Co. Hospital
outheast Trinity Groundwater
Conservation District
rinRy Bay Conservation District
_ '?kgteof�prtia.;'
ttomey General/LRB
face of the Lieutenant
Govemor/Senate Jurisprudence
Committee
Red Denotes 1991 & 2001 Redistricting Client.
Black Denotes 2001 Redistricting Client Only —43—
Blue
43—
Blue Denotes 1991 Redistricting Client Only
wnnmr
n ISD
man ISD
kett Co. Consolidated
hyton ISD
cols ISD
prfieid-LoneStar ISD
is ISD
(site ISo
Davis ISD
Ston ISD
V 150
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lemon ISD
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and 150
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tyof Irving
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tyof Galveston
lamo college District I
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ISD
County
Bickerstaff Heath Delgado Acosta LLP
- 2011 Client List as of July 2011 -
Counties
Cities, -
Schools
Archer
Austin
Austin ISD
Bandera
Ballinger
Bryan ISD
Bastrop
Balch Springs
Dallas ISD
Bexar
Brenham
Grady ISD
Brazos
Bryan
Henderson ISD
Caldwell
Cleburne
Irving ISD
Callahan
Colorado City
Midland ISD
Duval
Denton
Snyder ISD
EI Paso
EI Paso
Socorro ISD
Gillespie
Galveston
Sweetwater ISD
Hamilton
Georgetown
Tyler ISD
Kaufman
Grand Prairie
Winters ISD
Kendall
Houston
Kerr
Irving
Liberty
Keene
Live Oak
Lancaster
Llano
Lockhart
Lubbock
McKinney
Midland
Midland
Mitchell
Mineral Wells
Nacogdoches
Plainview
Communi* colleges
Palo Pinto
Rockdale
Alamo CCD
Panola
Rockport
Dallas CCCD
Pecos
San Angelo
Potter
Stockdale
Randall
Tyler
Reagan
Weslaco
Runnels
Winters
San Jacinto
Schleicher
Sjucla1(7lattltti.
Stateo:Texps
Tarrant
Barton Springs District
Texas Senate
Smith
Midland Co. Hospital District
Texas American Legion
Afaller
r -RE: Corpus Christi Redistricting RFQ
RE Corpus Christi Redistricting RFQ
Allen Odom [A0dom0b1ckerstaff.com]
Sent: Thursday, August 25, 20113:40 PM
To: Armando Chaps
Attachments: corpus chrisd proposed bu-i.PDF (380 KB)
Dear Mr. Chaps:
Page I of 1
In response to your August 22 memo, please find the attached document detailing the
firm's budget projection for redistricting services. Please note that the total fees
specified in the attached document are lower than those specified in the firm's
previous budget projection, while still providing for an increase in public hearings
from one to the two.
Unlike the firm's previous budget projections, the attached document also includes
totals for expenses, which are combined with fees to arrive at grand totals for each
entity, and a separate estimate (note 2 on the budget) regarding travel expenses.
Please confirm receipt of this email and let me know if you have any questions
regarding the email or attachment.
We appreciate having the opportunity to respond to the request for clarification and
are honored to be among the finalist firms considered by the City, College District,
and School District as the provider of redistricting services.
Sincerely,
Allen Odom
Legal Administrator
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoEac Expy., Bldg. 1, Ste. 300
Austin, TX 78746
P: 512-472-8021
F: 512-320-5638
-----Original Message -----
From: Armando Chapa [mailto:ArmandoC@cctexas.com]
Sent: Tuesday, August 23, 2011 8:30 AM
To: Allen Odom; David Mendez; Syd Falk; Bob Heath
Cc: Carlos VaIQ�; lsloan@delmar.edu; rivers, augie; Roland. Hernandez@ ccisd. us;
John.janssen@ccied.us
Subject: Corpus Christi Redistricting RFQ
Dear Mr. Mendez:
Please review the attached memo regarding Redistricting services for Corpus Christi,
Texas and respond by Thursday, August 25, 2011, 4:00 p.m.
Thank you.
Armando Chapa
City Secretary
City of Corpus Christi, Texas
(361) 826-3105
https://chlprd06O2.outlook.com/owa/?ae=Item-M.Note&id=RgAAAAAbE%2bFlwt... 8/25/2011
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Walsh Anderson
QUALIFICATIONS FOR ATTORNEY
For over 25 years, Walsh, Anderson, Brown, Green & Gallegos, P.C. ("Walsh Anderson") has
been providing a full range of cost-effective, high quality legal services to school districts,
cities, counties, and education associations. Walsh Anderson provides legal services in Texas
and New Mexico from offices located in San Antonio, Austin, Irving, Houston, and McAllen,
Texas and Albuquerque, New Mexico. Walsh Anderson attorneys have been privileged to
provide legal services to the Corpus Christi ISD on a variety of issues and would be honored
to work with the District as well as the City of Corpus Christi Council and Del Mar College
District ("the Entities") for their redistricting needs.
Walsh Anderson has provided redistricting services to approximately 50 public school districts
and municipalities following the 1990 and 2000 U.S. Censuses, as well as represented
school district clients in litigation under the Voting Rights Act of 1965 in Section 2 challenges
to at -large election systems. Walsh Anderson has established a Redistricting team consisting
of seven attorneys located in three of Walsh Anderson's offices, as well as an experienced
elections/redistricting paralegal and secretarial staff. The Walsh Anderson Redistricting team
is led by shareholder Judy Brown, from the Walsh Anderson Austin office.
Ms. Brown is a recognized expert in school district election and redistricting law. Ms. Brown
made a presentation on redistricting for public school districts at the TASB-TASA annual
convention in Houston on September 25, 2010. Ms. Brown also .made a presentation on
redistricting at the Secretary of State's annual Election Conference for school districts,
municipalities and other political subdivisions other than counties on December 1, 2010, as
well as a presentation on school district elections, including redistricting, at the annual
University of Texas School Law Conference held in Austin, Texas in March of 2011.
In addition to Ms. Brown, the Entities redistricting team would consist of Walsh Anderson
shareholders Robert Russo, Dorcas Green and Laura Rodriguez McLean, associates Tony
Resendez, Christine Badillo, and Karla Schultz, and Scott Stalnaker, the principal
elections/redistricting paralegal with fifteen years of experience in elections and redistricting
services, and secretarial staff, in the San Antonio and Austin offices. Ms. Green has
previously provided redistricting services to school district clients after the 2000 U.S. Census.
Walsh Anderson has contracted for twenty-five years with Ms. Leslie Johnston of Johnston and
Associates of Austin, Texas to provide demographic and plan drawing services for Walsh
Anderson redistricting clients. The quality of Ms. Johnston's demographic and redistricting
plan work has played a large part in Walsh Anderson's successful representation of school
district and municipal clients in redistricting after the 1990 and 2000 U.S. Censuses, as well
as in unrelated litigation under Section 2 of the Voting Rights Act of 1965.
All attorney members of the Walsh Anderson Redistricting team are licensed to practice law in
the State of Texas, and are members in good standing with the State Bar of Texas. See chart
belowfor attorney licensure information.
Page 1 of 29 Walsh, Anderson, Brown, Gallegos & Green, P.C. July 22, 2011
Attorney Name
Date Licensed in Texas
State Bar No.
Christine Badillo
November 5, 2004
24046866
Judy Brown
November 24, 1980
02882300
Dorcas A. Green
November 1, 1991
08376180
Laura Rodriguez McLean
November 6, 1998
24007937
Tony Resendez
I May 2,1997
100798460
Robert Russo
November 11, 1977
17443500
Karla Schultz
November 2, 2007
24056819
Page 2 of 29 Walsh, Anderson, Brown, Gahas & Green, P.C. July 22, 2011
PREVIOUS COMPARABLE PROJECT EXPERIENCE
Experience Working on Redistricting Plans
1' Northside Independent School District: Walsh Anderson provided Voting Rights Act litigation
and redistricting services to Northside Independent. School District (NISD): Walsh Anderson
I... attorney Judy Underwood (now Judy Brown) defended NISD in 1994 in a suit filed under
I Section 2 of the Voting Rights Act of 1965, as amended, which challenged NISD's at -large
trustee election system. The suit was resolved through a settlement under which NISD's
t trustee election plan changed from election of seven trustees at -large to election of seven
trustees from single -member districts (SMDs). The SMD plan was produced by Walsh
Anderson, approved by the Plaintiffs, and precleared by the U.S. Department of Justice
without any challenge. The resulting SMD plan became the benchmark plan for NISD.
Following the 2000 U.S. Census, Ms. Brown and Ms. Johnston provided redistricting services
to NISD using Board -approved redistricting guidelines. Ms. Johnston first applied the 2000
census data to NISD's benchmark plan boundaries and determined that NISD's deviation was
56%, thus requiring redistricting under state and federal law. It was determined that the ideal
SMD size was 50,287 total population.
Ms. Brown and Ms. Johnston worked with the NISD Board of Trustees to develop the
redistricting guidelines, including:
(1) drawing districts to contain similar total population size in order to limit the
deviation between the most and least populous districts to 10% in order to
comply with the One Person, One Vote principle established by case law and
state and federal statutes;
(2) drawing compact and contiguous geographic areas as SMDs;
(3) using easily identifiable geographic features as boundaries;
(4) maintaining communities of interest and minimizing the division of
Neighborhoods;
(5) following new county voting precinct boundaries, where possible;
(6) considering residential location of trustees to retain within the limits of the new
SMD boundaries; and
(7) evaluating and retaining minority voting strength in terms of voting -age
minority population in order to avoid retrogression of racial and/or language
minorities as defined in the Voting Rights Act of 1965.
Page 3 of 29 Walsh, Anderson, Brown, Gallo"& Green, P.C. July 22, 2011
1
Ms. Johnston drew a generic draft redistricting plan, using the Board's adopted guidelines,
for presentation to the Board as a beginning point for discussion. Ms. Brown and Ms.
Johnston met several times with the NISD Board regarding draft plan variations. A total of
1 four plans were discussed and the Board unanimously approved a plan. Ms. Brown, Ms.
R Johnston and NISD staff members held seven public hearings, one in each SMD in order to
explain the Board's approved plan and to receive public input. After considering all public
input from these meetings,_the Board unanimously adopted a resolution for the selected pian
which was then submitted to the U.S. Department of Justice (DOJ). DOJ expressed concerns
regarding the minority strength in two of the majority -minority SMDs. Plan revisions
addressing these concerns and resulting potential trustee residency issues were made and
(� discussed with the Board. The Board unanimously adopted a revised plan which addressed
the DOJ issues and resolved the trustee residency issue. Ms. Brown submitted this revised
plan to DOJ for preclearance consideration and the revised plan was precleared by DOJ.
The redistricting process began in the Summer of 2002 and the final plan was adopted by the
1 NISD Board on December 10, 2002.
Walsh Anderson was not made aware of any complaints filed with DOJ and there were no
legal challenges to this redistricting plan. NISD has again contracted with Walsh Anderson
I for their redistricting after the 2010 Census data is released.
East Central Independent School District.
East Central Independent School District (ECISD) began electing trustees from four single -
member districts (SMDs) with three at -large seats in May of 1992 after resolving Section 2
Voting Rights Act litigation. ECISD was represented by other counsel in that litigation. In
September of 1998, in response to a second suit under Section 2 of the Voting Rights Act
challenging the three at -large seats, ECISD Board members voted to change ECISD's trustee
election system to election of all seven trustees from $MDs. Judy Brown and Ms. Johnston
provided litigation defense and demographic and plan drawing services to EICSD in this
change. Although the plaintiffs submitted their own seven SMD plan, the Board of Trustees
chose one developed by Walsh Anderson as better maintaining neighborhoods and
communities of interest. The plan adopted by the Board was submitted by Walsh Anderson
for preclearance and that plan was precleared by DOJ.
Walsh Anderson attomeys provided redistricting services to ECISD after the 2000 U.S.
Census. Ms. Johnston determined that ECISD's deviation was 38.6% and that the ideal SMD
size was 5,012 total population under the new Census figures. Walsh Anderson assisted the
ECISD Board with approval of redistricting guidelines,, similar to those used by NISD as stated
above. Given ECISD's history of Voting Rights Act litigation, Walsh Anderson advised the
ECISD Board regarding the use of a Redistricting Advisory Committee (RAC) to consider draft
plan options and make a recommendation to the Board. The RAC members were selected to
ensure geographic and racial/ethnic representation throughout ECISD. RAC meetings were
noticed in English and Spanish in the same manner as Board meetings to ensure maximum
notice and opportunity for public input into the process. The RAC met with Walsh Anderson
attorneys and Ms. Johnston and the ECISD Board of Trustees in joint meetings to discuss two
Page 4 of 29 Walsh, Anderson, Brown, GaHd$-& Green, P.C. July 22, 2011
r
E
generic draft plans which met the redistricting guidelines approved by the ECISD Board.
Ultimately seven draft plans were presented and considered by the RAC and the Board. The
opportunity was provided for RAC members to discuss the draft plan options in their
respective communities of interest and bring information back to the RAC at a future meeting.
The RAC members were unable to unanimously agree on a single draft plan and therefore
i, recommended two draft plans to the Board for consideration. Both draft plans met the ECISD
Board's redistricting guidelines but one plan better maintained a recognized- community of
interest. The Board selected that draft plan. Walsh Anderson submitted the draft plan chosen
by the Board to DOJ and that plan was precleared, in spite of a complaint filed with DOJ.
ECISD's redistricting process began in August of 2001 and was completed with a
preclearance submission made on December 28, 2001. No litigation was filed challenging
the ECISD redistricting plan. ECISD has again requested that Walsh Anderson provide
redistricting services following the 2010 U.S. Census.
t Comal Independent School District.
Carnal Independent School District (CISD) began electing seven trustees from SMDs under a
plan adopted October 18, 1993 following litigation brought against CISD's at -large trustee
election system. Judy Brown provided litigation defense and Ms. Johnston provided
demographic and plan drawing services in.this litigation. Although it was determined that it
was not possible to draw a majority -minority SMD in CISD using the 1990 U.S. Census data,
the CISD Board determined that it was in the District's best interest to change to an SMD
system in order to provide geographic diversity of representation on the Board. Accordingly,
the parties entered into an agreed order establishing the seven SMD election plan for CISD.
Walsh Anderson was selected to provide redistricting services to CISD after the 2000 U.S.
Census. Ms. Brown and Ms. Johnston provided those services. Ms. Johnston determined that
CISD's deviation was 36.8% and the ideal SMD size was 8,394 in total population. The
CISD Board approved redistricting guidelines similar to those approved by NISD as stated
above and appointed a RAC to study the plan options and make a recommendation to the
Board. The RAC and several Board members met with Ms. Brown and Ms. Johnston on
several occasions in meetings for which notice was published and posted as for a Board
meeting. Two plans were developed, discussed and modified by the RAC and Ms. Johnston.
The RAC unanimously recommended one plan to the CISD Board. The CISD Board adopted
the RAC's recommended plan which was submitted to DOJ for preclearance consideration.
DOJ precleared the chosen redistricting plan.
CISD's redistricting process began in the Summer of 2002 and.the preclearance submission
was made in December of 2002. Walsh Anderson has not been made aware of any
complaints filed with DOJ and no litigation was filed challenging the adopted redistricting
plan. CISD has again requested the services of Walsh Anderson for redistricting after the
2010 U.S. Census.
Page 5 of 29 Walsh, Anderson, Brown, GalAga Green, P.C. July 22, 2011
1
1
1
1
New Braunfels Independent School District:
New Braunfels Independent School District (NBISD) maintains a trustee election system in
which five trustees are elected from SMDs and two trustees are elected at -large. Walsh
Anderson and Leslie Johnston provided redistricting services to NBISD after the 2000 U.S.
Census. Ms. Johnston determined that NBISD's deviation was 40.3% and the ideal district
size was 6,548 total population under the 2000 U.S. Census data. -
The NBISD Board of Trustees approved redistricting guidelines similar to those stated for
NISD above, and appointed a RAC to consider plan options and make a recommendation to
the Board. RAC meeting notices were published and posted in English and Spanish in order
to assure a better opportunity for attendance and community input. The RAC met on April
23, 2001 with Ms. Brown and Ms. Johnston to consider two generic draft redistricting plans.
The RAC members considered and discussed the two draft plans and requested the
opportunity to discuss the plans in their respective communities of interest and then meet
again. The RAC met again on May 8, 2001 to discuss community input received. The RAC
reached a consensus to support a third draft plan if such a plan could combine preferred
aspects of the two initial draft plans. The third draft plan was submitted to the RACon May
22, 2010. The RAC unanimously approved the third draft plan and recommended it to the
NBISD Board on May 29, 2001, along with recommendations for polling place changes to
accommodate the revised SMD boundaries. The NBISD Board adopted the RAC's
recommended plan which was submitted to DOJ on June 11, 2001. The submitted plan was
precleared by DOJ without any complaint.
NBISD's redistricting process was started early following the release of the 2000 U.S. Census
data, thus allowing for completion of the plan development process and preclearance during
the Summer following the release of the Census data. No litigation or any other form of
challenge was filed following this redistricting process. NBISD has again requested that
Walsh Anderson provide redistricting services following the release of the 2010 U.S. Census
data.
Elgin Independent School District:
Elgin Independent School District (EISD) began electing seven trustees from SMDs following
resolution of litigation under Section 2 of the Voting Rights Act in 1995-1996. Walsh
Anderson attorney Judy Underwood (now Judy Brown) and Leslie Johnston provided the legal
and demographic and plan drawing services in this litigation.
Walsh Anderson was chosen to provide redistricting services to EISD after the release of the
2000 U.S. Census data. Ms. Johnston determined that EISD's deviation was 58.4% and that
the ideal SMD size was 1,933 in total population.
EISD's Board approved redistricting guidelines similar to those stated for NISD above and
appointed a RAC to consider plan options and make a recommendation to the Board. The
RAC met twice beginning in September of 2001 to consider two draft plans. The RAC
Page 6 of 29 Walsh, Anderson, Brown, Gatr'e;as-& Green, P.C. July 22, 2011
members requested and were given the opportunity to discuss the draft plans in their
respective communities of interest and bring input back to the RAC. The RAC members
discussed several change requests and Ms. Johnston determined which changes could be
made without adversely affecting one of the redistricting guidelines. The RAC member
unanimously chose one of modified draft plans and recommended it to the Board on
November 19, 2001. The EISD Board approved the RAC's recommendation and the plan
was submitted to DOJ for preclearance consideration....on . December 27, 2001.. DOJ
precleared the plan without any request for additional information.
EISD's redistricting process began during the Summer of 2001 and was completed by the end
of that year. No litigation challenging the approved plan was filed. EISD has again
requested that Walsh Anderson provide redistricting services following the release of the 2010
U.S. Census data.
Additional Experience
In addition to the above clients, our demographer, has worked with the College of the
Mainland, Lone Star College District, Odessa College and San Jacinto College District.
No Legal Challenges
Walsh Anderson is not aware of any legal challenge to any redistricting plan for which Walsh
Anderson has been responsible. Any complaints or concerns regarding a plan sent to DOJ
for preclearance consideration have been resolved in the preclearance process with the
ultimate result being receipt of preclearance for our clients.
Proposed Costs
Since it is not possible to predict the number of meetings required or the number of plan
iterations required to complete the redistricting process, it is likewise not possible to predict an
overall cost for turn -key redistricting services. However, the following hourly rates are within a
fair and reasonable range for the redistricting expertise required of legal counsel and staff, as
well as for a respected and experienced demographer and plan developer.
The following hourly rates are current rates for the services to be provided. It is not
anticipated that there will be any change in the Walsh Anderson hourly rates during the
redistricting process.
Name
Title
Hourly Rate
Judy C. Brown
Shareholder
$255
Dorcas A. Green
Shareholder
$255
Christine Badillo
Associate
$235
Karla Schultz
Associate
$235
Scott Stalnaker
Paralegal
$ 95
Page 7 of 29 Walsh, Anderson, Brown, GaH&j%s-& Green, P.C. July 22, 2011
5. Attendance at meetings of any other political subdivisions, such as Nueces
County, when necessary to accomplish the Entities redistricting goals.
i
6. Correspondence or conferences with Nueces County Elections Administrator or
staff, when necessary to accomplish the Entities redistricting goals.
Scope of Work
The legal services contemplated by this response include the creation of a Plan, including
ethnic population statistics and maps and advising the Entities regarding merits of plans;
attending meetings of the Entities and those scheduled by their related staff to the extent
required or required to discuss the redistricting plans; conducting public presentations of
proposed plans and summarizing comments for the Entities; preparing submission for
preclearance by the Department of Justice on plan approved by the Entities; and providing
ongoing legal counsel on questions that arise from redistricting issues during the initial
implementation of the pre -cleared Plan. The scope of work is set out in detail, including
recommended time frames, in the enclosed article published in the June 2010 issue of the
Texas School Administrators Legal Digest. A copy of the article is attached at Appendix Tab
I The Walsh Anderson Process
While each entity may have different needs the Walsh Anderson Process outlined below has
provided many entities with a successful redistricting plan that the Department of Justice has
approved.
1. Provide instructional materials to board or council members regarding the redistricting
process so they are aware of the work that is needed as well as the time constraints for
completion well in advance.
2. Have experienced legal counsel to discuss the legal issued which may be encountered
in the process with the board or council members and staff who will be involved in the
redistricting process.
3. Obtain copies of relevant maps, including a map of the entire district and all of the
current single -member districts. Obtain the most recent version of county maps which
show more street and road detail than census maps. Mark the residences of board
members or council members elected in the May 2011 election or in the November
2010 election. Also provide a map which shows the early voting and election -day
polling places for the single member districts as of the last trustee election in
November of 2010 or May of 2011.
4. As soon as the census data is available in 2011, have the demographer determine
whether the deviation from the least populous district exceeds 10 percent.
Page 9 of 29 Walsh, Anderson, Brown, Gallegos & Green, P.C. July 22, 2011
—54—
5. Assuming the deviation exceeds 10 percent, begin preparation for the redistricting
process.
6. Collect all notices, agendas, and board minutes from meetings at which redistricting
are a topic for discussion or action. NOTE: agenda items regarding redistricting
should be stated in English and Spanish and any other language(s) which your school
district is required to use in election documents.
7. College information from county election officials regarding the redistricting of county
precincts and locations of county polling places as soon as those tasks are completed.
8. Collect all newspaper articles, editorials or letters to the editor that address the school
district's redistricting process.
9. Collect the previous preclearance submission for the current single -member districts,
including any data included with that submission.
10.Collect any court order, consent decree, settlement agreement or judgment that
addresses the district's current single -member district election plan.
I ].Collection information related to all trustee elections which have occurred since
single -member districts were put into place in the district, including the racial and
ethnic breakdown on all candidates, vote totals by single -member district as well as
vote totals for any at -large elections by polling place if possible and vote totals for any
run-off elections.
12.Collect information on the status or resolution of any litigation, EEOC or OCR
complaints, or any other claims in which racial discrimination was raised since the
implementation of the district's current single -member district plan.
13.Create a list of all trustees, broken down by race and ethnicity, who have served on
the district's board for each year since the current single -member district plan has
been in place.
14.Inform the public of the redistricting process and consider assignments to the
redistricting committee, keeping in mind the racial and ethnic makeup of the school
district. Once the board or council has determined who will be on the redistricting
committee, make a list of the members, including phone numbers, addresses, e-mail
addresses and fax numbers, so that meetings can be scheduled easily.
15 -Consider a means of informing the community of the progress of the redistricting
committee through a school district newsletter or local newspaper articles.
16. Devise a means of collecting community comments or input for the redistricting
committee to consider and provide for public meetings of the committee. Publish
notice of the date(s) and time(s) of committee meetings.
Page 10 of 29 Walsh, Anderson, Brown, Gallegos & Green, P.C. July 22, 2011
—55—
U.Consider inviting county and/or city election officials to the redistricting committee
meetings, especially since joint elections are required with either of these entities, or if
the district contracts with the county to administer its elections.
1 B.Discuss plans for educating the community about the new boundaries.
19.Once the redistricting committee has reached- agreement on the revised boundaries
and all other changes recommended, reduce the recommendation to writing,
including all relevant exhibits, for presentation to the board or council members.
20.5chedule board or council consideration, including consultation with legal counsel, of
the redistricting committee's recommendations.
21.Assuming board or council adopting of the redistricting committee's
recommendations, (preferably through a resolution), begin collecting the information
required in the preclearance submission. Seek advice or assistance of legal counsel
regarding the preclearance submission since considerable information is required for
the submission and you want it to be complete the first time it goes to the Department
of Justice. Make sure the required notice related to filing of the preclearance
submission is posted, in English and Spanish and any other required language, during
the submission consideration period and that a complete copy of the submission is
available for public review at school district administration offices.
Page 11 of 29 Walsh, Anderson, Brown, Gallegos & Green, P.C.
—56—
July 22, 2011
Dorcas Alin On -m
dgreenQu wwma,com
Mr. Armando Chapa
City Secretary
City of Corpus Christi
P.O. Box 9277
Corpus Christi, 7X 78469
WALSH, ANDERSON,
BROWN, GALLEGOS AusuuOfBcc
and GREEN, P.C. 51245as"+ert617
August 25, 2011
RE: Scope of Work for Redistricting Services
Dear Mr. Chapa:
Via email.• ArmandoC@lcctexa� cofn
Please consider this letter our firm's response to your request for an additional
review of redistricting estimates to work with the City of Corpus Christ, Del Mar College
District and Corpus Christi ISD.
You have presented the following revised scope of work:
Scope of Work
Conduct Initial Preliminary Assessment to determine population variance far
each entity's district.
Meet with each governmental entity separately for introduction purposes,
presentation of preliminary assessment data, and discussion of firm's plans
for redistricting.
Interview in person, by phone, or through e-mail those Public Officials
requesting one on one visits.
Development 2-3 plans for each entity to include maps, demographic charts
and any other related material necessary for presentation.
Meet with each entity separately to present proposed plans.
Centennial Towers, 305 E. Hun land Dr., 0600, Austin, TX 76752 MAIL; P.O. Box 2156, Austin, TX 78768
T:512.454.6864 F:512.467,93I9 wWw.WalshAnderson.com
—57—
Armando Chapa, City Secretary
August 25, 2011
Page 2
Prepare for and conduct 2 joint public hearing(s) for all entities. (To include
preparation of hearing materials, a maximum outreach effort to minority and
other community groups, and documentation of public input).
Meet with each entity separately to present analysis of public Input and to
adopt a final plan.
Compile all necessary documents and exhibits for preparation of DO]
submission for each entity, respond to D03 questions and requests for
additional information, and achieve DO] clearance for each entity no later
than 90 days prior to November 2012 election day.
As I understand the revised scope of work presented in your August 22, 2011
correspondence, it appears that the work our firm would be doing with each entity Is on
a separate time table with coordination of the three entities in two joint public hearings.
Our firm and demographer will be working directly with the separate entities in all aspects
of the redistricting process.
Since the entities will require separate meetings and possible work, I am amending
the "not to exceed" costs and expenses per entity as follows:
Proposed Meetings: 3 (Attorney & Demographer Present)
Public Hearings 2 (Attorney/Possible Demographer Present)
Demographer Costs $8,500.00 per entity (Increase of 5.75 hours per client)
Projected Attomey Time 60 hours at $255.00 (Increase of 15 hours) $15,300.00
Data Collection 10 hours at $95.00 (Paralegal) $950.00
Expenses Demographer $1,275.00 (travel, meals, lodging)
Expenses Walsh Anderson $3,825.00 (travel, meals, lodging)
The above increase is based on the additional scope of work including possibly
working one on one with any public official. If a public official requests additional pians
to be drawn outside of the 2-3 noted in the scope of work, that will increase the costs for
the demographer and legal counsel. Our original estimate was $20,000.00 to $25,000.00
and It is being revised to $24,750.00 ($8,500.00 + $15,300.00 + 950.00) for professional
fees and $5,000.00 ($1,275.00 + $3,825.00) for expenses for a total per entity quote
of $29,850.00 which may be considered as our firm's "not to exceed" quote. Clearly any
coordination of work may lessen the expenses and would be helpful in minimizing
expenses.
lid
Armando Chapa, City Secretary
August 25, 2011
Page 3
Thank you again for the opportunity to Interview with the entities and I know our
firm and demographer will work diligently to secure approval of the final plans for each of
the entities.
cc: Leslie Johnston, Demographer
—59—
Sincerely,
''i %G0 (�-
Dorcas A. Green
1
1
r
1
I
I
1
,LP
ATTORNEYS (COUNSELORS
WHY THOMPSON & HORTON?
Many lawyers will offer to handle your legal services. At Thompson & Horton,
we are uniquely qualified to do more — we strive to be your partners in
accomplishing your mission of educating Texas school children. Many of our
lawyers have served in and are actively involved in promoting public education.
With decades of experience, we understand your mission and business. - We know
that you need to devote limited resources to educating kids, not to handling
unnecessary legal battles. As such, we work to help you avoid legal problems
when possible and to successfully resolve such problems when not. Moreover, we
are the only firm that adds value to your District by helping to shape and influence
the law in areas critical to your success, such as public school funding, state
legislative policy, and federal special education legislation. Top-quality legal
services AND partners in promoting your mission — that is Thompson & Horton.
.m
Thoson
446T. nLLP
ATTORNEYS (COUNSELORS
Firm Profile
Overview
Thompson & Horton LLP is a full-service. law firm whose primary focus is the
` representation of . public and private schools, institutions of higher education, and local
governments. Although Thompson & Horton is a new firm, the collective experience of our
attorneys in representing. schools is decades deep and reflects one of theoldest and finest legal
traditions in the state.. The firm opened its doors on January 1, 2009, with a group of 12
attorneys previously affiliated with Brie-
Our
racOur long history of focusing on schools, colleges, and public entities has enabled us to
come to the table prepared with a solid understanding of the law'affecting public entities. We
I further recognize that the most effective lawyers do not just know the law; they know the
l business, instructional, and practical concerns that their clients face and how these concerns
affect legal decision-making. We offer large -firm legal experience and quality while providing
the responsiveness and cost-effectiveness of a smaller firm.
The firm provides clients with a broad range of services including counseling and
problem prevention, trials and appeals in state and federal court, business and real estate
transactions, and legislative services. We give candid appraisals to clients regarding the law, the
risks, and the options available in each situation. Our courtroom and legislative advocacy has
directly. impacted the law affecting Texas schools and colleges. Our attorneys have been
involved in significant court cases on some of the most pressing issues in public law.
Our attorneys are aggressive without sacrificing professionalism. Our attorneys
understand that their performance in and out of court will reflect on how judges, juries, and the
community perceive our clients. Finally, at Thompson & Horton, no client is "just another
client." We know that it is a privilege to represent each and every client, and we workhard to
earn our clients' confidence.
-61-
Size and Demographies
The firm has 17 full-time attorneys. The firm is a partnership and is a women and
minority owned business. We are a diverse group that reflects the diversity of our client base
and the communities in which we practice. A majority of our attorneys are female. Three
attorneys, including one partner, are African-American. Two partners, including our managing
partner, are Hispanic.
2
-62—
Thompson
ATTORNEYS ICOUNSELORS -
PREVIOUS COMPARABLE PROJECT EXPERIENCE
College of the Mainland (1990, 2000)
Columbia-Brazoria ISD (2000)
Crockett ISD (2000)
City of Crockett (2000)
Crosby ISD (1990, 2000)
Dickinson ISD (2000)
Ector County (1990, 2000)
Ector County ISD (1990, 2000)
Ector. Co. Hospital District (1990, 2000).
Edna ISD (2000)
Houston Community College (1990)
La Marque ISD (2000)
La Porte ISD (2000)
Lamar Consolidated ISD (2000)
Longview ISD (2000)
Odessa College District (2000)
Texas City ISD (2000)
All projects have been pre -cleared.
—63—
Thompson HARNER
&IO1On LLP and
ATTORNEYS ICOUNSELORS Associates
Demographic ftworch and Fb
mft Schod Dir ft Servkes for
Proposed Redistricting Management Plan*
1. Finalize redistricting management plan, including establishment of the process to be used (i.e.
citizen's committee vs. direct entity oversight over redistricting process), identification of
redistricting representatives from each entity, and project completion schedule. October 2011
(Redistricting Counsel, 7 hours)
2. Work with governing bodies of each Entity to identify redistricting criteria. October 2011
(Redistricting Counsel, 5 bouts)
3. Download and update shape files for existing Nueces County voting precincts and compare to PL— "
94-171 census files and make appropriate adjustments. November 2011 (Demographer, 20
hours)
4. Download existing Entity single member districts and provide analysis of population changes
using demographics from 2000 and 2010. November 2011 (Demographer, 20 hours)
5. Analysis of existing single -member districts using •2010 census data and requirements of the 14th
Amendment and Section 2 and 5 of the Federal Voting Rights Act to determine. whether
redistricting is necessary and if so, the adjustments needed November 2011 (Redistricting
Counsel and Demographer, 10 hours)
6. Interview incumbents and identify priorities and communities of interest. December 2011 —
January 2012 (Redistricting Counsel and Demographer, 10 hours)
7. Obtain input from incumbents on potential changes to respective single member districts.
December 2011— January 2012 (Redistricting Counsel and Demographer, 15 hours)
8. Prepare draft alternative plans. February 2012 (Demographer, 30 hours)
9. Present and analyze alternative plans for Entities, including an analysis of how each proposed
alternative plan compares to the Entity's current plan March 2012 (Redistricting Counsel and
Demographer, 25 hours)
10. Assist Entities with public hearings on. redistricting plans. April — May 2012 (Redistricting
Counsel and Demographer, 36 hours)
11. Prepare all necessary ordinances, resolutions, and orders for the adoption of the accepted plan.
June 2012 (Redistricting Counsel, 5 hours)
12. Prepare submission to the Department of Justice regarding the adopted plans in accordance with
Section 5 of the Federal Voting Rights Act. July 2012 (Redistricting Counsel and
Demographer, 30 hours)
-64-
*The timelines expressed in this plan are deadlines based on the Entities, election date. If
awarded the project, Thompson & Horton and Harner & Associates will work with each
entity to develop a project schedule tailored to its specific needs, including expedited
timelines if requested. Additionally, the personnel hours identified above are approximate.
Actual time spent on the project may be slightly less or slightly more than the hours
outlined above.
-65-
s.L, nUursmrlcung.rrq
CC Redistricting RFQ
Lisa McBride [Imcbride@thompsonhorton.com]
Send: Thursday, August 25, 20113:04 PM
To: Armando chaps
Cc: Artum Mkhel [am1che10thornpsonhorton.com]; Dennis Hamer [ddhamer@sbcglobal.net]
Attachments: doc20110825170924.pdf (31 KB)
Mr. Chaps,
Page 1 of 1
In response to your communication from August 22, 2011, please find the attached
letter. Please do not hesitate to contact us if we can provide additional
information. Thank you.
Lisa
Lisa R. McBride I Partnerl Thompson 6 Horton LLP
Phoenix Tower 1 3200 Southwest Freeway, Suite 2000 1 Houston, Texas 1 77027
T: 713.554. 6747 1 F: 713.583.8371
lmcbride@thompsonhorton.com l www.thompsonhorton.com
CONFIDENTIALITY STATEMENT
This message is sent by a law firm and may contain information that is privileged or
confidential. If you received this transmission in error, please notify the sender
by reply e-mail and delete the message and any attachments.
https://chlprd06O2.outlook.comlowal?ae=Item&t= 6AJ_Note&id=RgAAAAAbE%2bFlwt... 8/25/2011
Thompson
&"6rtonLLP
ATTORNEYS 1COU14SELORS
August 25, 2011
Armando Chapa
City Secretary
1201 Leopard Street
Corpus Christi, Texas 78401
Dear Mr. Chapa:
Lisa R McBride
Partner
713.554.6747 Office
713.583.8371 Fax
Imchride@thompsonhorton.com
Thompson & Horton LLP
Phoenix Tower, Suite 2000
3200 Southwest Freeway
Houston, Texas 77027
Via Electronic Mail
Arturo, Dennis, and I enjoyed meeting with the Redistricting Review Panel last Friday. We have
reviewed the additional information you provided by letter dated August 22, 2011, and believe that our
"not to exceed" amount for the combined legal and demographic services of $52,000 will cover the
scope of work outlined in your letter. We estimate approximately $32,000 in legal fees and
approximately $20,000 in demographic services fees. We do not currently anticipate expenses beyond
the "not to exceed" amount
I trust this has been responsive to your questions. Please call me if you need additional
information.
LRMIsj
cc; Dennis Hamer (via electronic mail)
Arturo Michel (via electronic mail)
Very truly yours,
Thompson & Horton LLP
Lisa R. McBride
—67—
G
DATE: _ 9/7/2011
TO: Ronald L. Olson, City Manager
AGENDA MEMORANDUM
for the City Council Meeting of September 20, 2011
FROM: Stephen Draper, Interim Director of Development Services/Building Official
StephenD@cctexas.com
(361)826-3246
first reading ordinance to consider abandoning and vacating a
portion of a 20 -foot wide undeveloped, dedicated public right-of-way, out of Lot 7,
Section 19, Bohemian Colony Lands. 11
CAPTION:
First Reading Ordinance -Abandoning and vacating a 20 -foot wide undeveloped, dedicated public
right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way, located
between the Yorktown Boulevard public right-of-way and Oso Creek, and south of the Schanen
Ditch drainage right-of-way, subject to compliance with the specified conditions.
BACKGROUND AND FINDINGS:
George Mostaghasi ("Owner") is requesting the abandonment and vacation of a 7,143.84 -square foot portion
(0.164 ac.) of a 20 -foot wide undeveloped, dedicated public right-of-way, to accommodate the development of
the property (Ranch Lake Unit 2 Subdivision). Staff recommends that payment of the fair market value be
waived because City Code, Section 49-12, eliminates payment of the fair market value when an abandoned
street is unimproved, as it is in this case.
ALTERNATIVES:
N/A
OTHER CONSIDERATIONS:
Public hearing and first reading of the ordinance to consider abandoning and vacating a 7,143.84 -square foot
portion (0.164 ac.) of a 20 -foot wide undeveloped, dedicated public right-of-way.
CONFORMITY TO CITY POLICY:
These requirements are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as
amended and approved on July 13, 2004, by Ordinance No. 025816.
EMERGENCY/NON-EMERGENCY:
Non -Emergency
-71-
DEPARTMENTAL CLEARANCES:
All public and franchised utilities were contacted. None of the city departments or franchised utility companies
had any facilities within the undeveloped, dedicated public right-of-way or objections regarding the proposed
public right-of-way abandonment.
FINANCIAL IMPACT: Not applicable
Fiscal Year: 2011-2012
Project to Date
Expenditures
CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered /
Expended Amount
This item
BALANCE
Fund(s):
Comments: N/A
City staff recommends approval and upon approval by Council and issuance of the ordinance, all grants of
establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the
real property records of the county in which the property is located.
LIST OF SUPPORTING DOCUMENTS:
Ordinance and Metes and Bounds: Description & Exhibits
Approvals: Deborah Brown, Assistant City Attorney
Eddie Houlihan, Assistant Director of Management and Budget
Rudy D. Garza, Assistant City Manager
-72-
Ordinance abandoning and vacating a portion of a 20 foot wide
undeveloped, dedicated public right-of-way, out of Lot 7, Section 19,
Bohemian Colony Lands, said public right of way, located between
the Yorktown Boulevard public right of way and Oso Creek, and
south of the Schanen Ditch drainage right of way; subject to
compliance with the specified conditions.
WHEREAS, owner, George Mostaghasi, is requesting the abandonment and
vacation of a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide
undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian
Colony Lands, located between the Yorktown Boulevard public right of way and
Oso Creek, and south of the Schanen Ditch drainage right of way, in order to
accommodate the development of River Lake Unit 2 subdivision.
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
September 27, 2011, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the right of way, subject to the
provisions below. (Exhibit A -Road Closure Tract Metes and Bounds Description, Exhibit
B -Map Accompanying Metes and Bounds Description, Exhibit C- Location Map,
attached)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide
undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony
Lands, as recorded in Volume A, page 48 of the Map Records of Nueces County,
Texas, located between the Yorktown Boulevard public right of way and Oso Creek, and
south of the Schanen Ditch drainage right of way, is abandoned and vacated, subject to
compliance with the conditions specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above right of way is conditioned
upon compliance with the following:
A) In accordance with City of Corpus Christi, Code of Ordinances §49-12 payment of
the fair market value is waived in this matter, as no payment is required for the fair
-73-
Page 2 of 3
market value of any public street or other public way which is unimproved and not
used for any public street purpose, as in this case.
B) Within 180 days of approval by the City Council and issuance of the ordinance all
grants of establishment or closing of public streets, alleys, or other public ways,
must:
1.) Be recorded, at owner's expense, in the real property records of Nueces
County, the county in which the property is located; and
2.) Prior to permitting any construction on the land, an up-to-date survey,
abstracted for all streets, alleys or public ways and items of record must be
submitted to the Director of Development Services.
Signatures on following page.
K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda\9-13-I IUtanch r *_Unit 2\8-31-11 ORD. to aban & vacate ROW.DWB Final.docx
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2011, by the following vote:
Joe Adame David Loeb
Chris N. Adler John E. Marez
Larry R. Elizondo, Sr. Nelda Martinez
Kevin Kieschnick Mark Scott
Priscilla Leal
PASSED AND APPROVED, this the day of 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: August 31, 2011
By:
eborah Walther Br
Assistant City Attorney or City Attorney
Corpus Christi, Texas
Joe Adame
Mayor
K:\Lcgal\SHARED\LEGAL-DEV.SVCS\2011 Agenda\9-13-11\RaridTl.i�LUnit2\8-31.IIORD. to aban & vacate ROW.DWB Final.doex
MURRAY BASS, JR., P.E.,R.P.LS.
NIXON M. WELSH, P.E.,R.P.LS.
www.hass-welsh.com
e-mail: nixmwaDaol.com
BASS & WELSH ENGINEERING
TX Registration No. F-52
P.O. Box 6397
Corpus Christi, TX 78466-6397
Road Closure Tract
STATE OF TEXAS
COUNTY OF NUECES
3054 S. ALAMEDA, ZIP 78404
361 882-5521— FAX 361 882.1265
0 -mall: murravirldaol com
June 6, 2011
10039-M&B-StrClo.doc
Description of a 0.164 acre tract of land, more or less, a portion of a 54.02 acre tract of land described
by deed, Document No. 978624, Official Public Records, Nueces County, Texas and being a portion of
Lot 7, Section 19, Bohemian Colony Lands, a map of which is recorded in Volume "A", Page 48, Map
Records of said county, and being a portion a 40' Public road, as shown by said map of Bohemian
Colony Lands, said 0.164 acre tract for road closure as further described by metes and bounds as
follows:
Starting a the northernmost comer of King's Lake Subdivision, a map of which is recorded in Volume
65, Pages 197 and 198, said map records, thence N16014'08"W 691.62' to the point of curvature of a
circular curve to the right having a central angle of 13°23'25", a radius of 1060.00' and a chord bearing
N9a3275"W a distance of 247.16';
THENCE along the arc of said circular curve to the right a distance of 247.73' to the POINT OF
BEGEW41NG and northeast or easternmost north comer of the tract herein described;
THENCE 529°14'34'W 353.69' along a line 20.00' southeast of and parallel to the common southeast
boundary line of Lot 1, Section 18, said Bohemian Colony Lands and the northwest boundary line of
said Lot 7, Section 19, Bohemian Colony Lands, to a point for the southernmost comer of the tract
herein described and being in the east gradient boundary line of Oso Creek as approved by the Texas
General Land Office pursuant to letter Dated August 26,1983 as described in said deed, Document No.
978624;
THENCE N10004'52"W 31.56' along said east gradient boundary line of Oso Creek to a point for the
southwest corner of the tract herein described;
THENCE N29e14'34"E along said common southeast boundary line of Lot 1, Section 18, Bohemian
Colony Lands and the northwest boundary line of Lot 7, Section 19, Bohemian Colony Lands, being the
northwest boundary line of said 54.02 acre tract, a distance of 361.81' to a point in the west right-of-way
line of Yorktown Boulevard for northernmost corner of the tract herein described;
EXHIBIT "A"
Page 1 of 2
-76-
Metes and Bounds Description, June 6, 2011, Continued;
THENCE S2°15'14"E 27.25' along said west right-of-way of Yorktown Boulevard to the point of
curvature of a circular curve to the left having a central angle of 0°35'29", a radius of 1060.00' and a
chord bearing S2°32'58"E a distance of 10.94';
THENCE along the arc of said circular curve to the left a distance of 10.94' to the POINT OF
BEGINNING, a sketch showing said 0.164 acre tract being attached hereto as Exhibit "B".
NIXdN M. WELSH
.... ..........
.:.._ 2211 _�•c��
EXHIBIT "A"
Page 2 of 2
-77-
M. Welsh, P.E., R.P.L.S.
15' IVE
27. 25'
I=0.35' 29'
�R= 00'
T=S., 47 47,
\ L=10. 94'
CB-S2.32'58'E
\H=10. 94'
\I=13.23'25'
R=1060.00'
T=124.43'
L=247.73'
CB=N9.32'25'W
\ CH=247. 16'
Qs.
seL`$� b0
6 ,fr AqC�
'20' WIDE STRIP og�0 Zr
FOR STREET °f
CLOSURE, 0. 164 AC.
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16v r
�d�gyO�SS
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`b1ps� 9J'
BASS AND WELSH ENGINEERING,
CORPUS CHRISTI, TX
REGISTRATION NO. F-52
EXB-STR CLOSURE DWG
PLOT SCALE 1' = 100'
JOB NO. 10039
PLOT DATE 06/06/11
SHEET 1 OF 1
EXHIBIT Tl
t�
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SKETCHT❑ ACCOMPANY METES \
AND BOUNDS DESCRIPTION
own
5 14
6 1, , P. S LAKE
6 165, P. 197
L 198, M. R.
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u �F
a
W
C' A
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Q yP44. 9 y u
a AKE APA
QF y > ENTRIDGE
DRa
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YORKTOWN BLVD.
pSp CReEK CAP
'SITE'
(STREET CLOSURE)
LOCATION MAP
1" = 400•
EXHIBIT 11C"
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
REGISTRATION NO, F-52
LOC MAP. DWG
PLOT SCALE V = IOU,
JOB NO. 10039
PLOT DATE 06/06/11
SHEET 1 OF 1
—/y—
City of
Corpus
wr► Chnsti
DATE: September 20, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P. E., Director of Engineering Services
E -Mail: Petean(cDcctexas.com Work Phone: 826-3781
Ordinance appropriating funds for the payment of a change order on the
Flour Bluff Drive Phase 1 project as requested by WalMart.
PURPOSE:
Ordinance appropriating $6,061.55 in payments from Satterfield and Pontikes Construction,
Inc. in Fund No. 3530 for the Flour Bluff Drive Phase 1 Improvements Project for reimbursement
of work performed for WalMart; changing the FY 2012 Capital Improvement Budget adopted by
Ordinance No. 029135 to increase revenues and expenditures by $6,061.55 each.
BACKGROUND AND FINDINGS:
After the City's contractor, Haas Anderson Construction, had installed a fire hydrant on the Flour
Bluff Drive Phase 1 project according to the plans and specifications, WalMart reconsidered the
location of their driveway approach and this hydrant became in conflict with the new location.
As a result, WalMart's contractor, Satterfield and Pontikes Construction, asked Haas Anderson
to move the fire hydrant to a different location as to not be in conflict with their driveway. To
expedite the work and avoid having two separate contractors within the same location, a change
order is being issued to Haas Anderson to move the hydrant and Satterfield and Pontikes has
paid the city for the cost of doing the work. This item is appropriating the funds received so a
change order may be issued and Haas Anderson paid for the work of moving the fire hydrant.
ALTERNATIVES:
1. Appropriate and issue change order as recommended.
2. Satterfield and Pontikes could move the hydrant themselves at a potential conflict
with the City's job site.
OTHER CONSIDERATIONS:
Page 2 of 2
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense X Revenue X CIP
FISCAL YEAR: 2011-2012
Prior Year
(CIP Only)
Current Year
Future Years
TOTALS
Budget
$0
$6,061.55
$0
$6,061.55
Encumbered/Expended Amt.
$0
$0
$0
$0
This item
$0
6,061.55
$0
6,061.55
BALANCE
$0
$0
$0
$0
FUNDS (S):
COMMENTS: This project will allow WalMart to move their existing driveway approach and
relocate the City's fire hydrant at WalMart's expense.
City staff recommends approval of this agenda item so the change order may be issued.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding appropriation of funds and construction procedures.
DEPARTMENTAL CLEARANCES:
Water Department
LIST OF SUPPORTING DOCUMENTS:
Attachment 1: Change Order No. 6
Cc: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: Six 6 FUNDING SOURCE: 550954526-00000-170536 CONTRACT TMM: 555 Calendar Days
Operating Department:
Name of Project:
Contractor:
DATE: 17 -Aug -11
Flour Bluff Drive Phase 1 and 2 - SPID to Don Patricio 4 Ll q � I U `yl')
Haas -Anderson
CHANGE
ADD DEDUCT
Removal and Relocate Fire Hydrant (Jhabores)
$5,271.00
HAC Administrative Markup (15%)
$790.65
Total ADD: $6,061.65
CITY OF CORPUS CHRISTI, TEXAS
By.
Director of Engineering Services
APPROVED: Operating Department
R(r. of Management & $udget
Legal Department
How can
similar changes be avoided in the future?
A.
CONTRACTPRICE
$6,139,638.55
Urban En ' Bering
B.
TOTAL CHANGE ORDER (inc. current)
$243,021.9 b
�%
C.
NEW CONTRACT PRICE
$6,382,660.'1651
D.
THIS CHANGE ORDER
$6,061.65
Project Manager
E.
PERCENT TOTAL CHANGE (B/A)
3.96%
F.
PREVIOUS TIME AUTHORIZED
3 mob.
G.
ADDN'L CONTRACT TIME THIS CHANGE ORDER
D ob.
.�
H.
TOTAL ADDITIONAL TIME
3 C.D.
CITY OF CORPUS CHRISTI, TEXAS
By.
Director of Engineering Services
APPROVED: Operating Department
R(r. of Management & $udget
Legal Department
Page 1 of 2
Ordinance appropriating $6,061.55 in payments from
Satterfield & Pontikes Construction, Inc. in Fund No. 3530 for
the Flour Bluff Drive Phase 1 Improvements Project
for reimbursement of work performed for Wal-Mart; changing
the FY 2012 Capital Improvement Budget 'adopted by
Ordinance No. 029135 to increase revenues and expenditures
by $6,061.55 each.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
Section 1. An amount of $6,061.55 in payments received from Satterfield &
Pontikes Construction, Inc. is appropriated in Fund No. 3530 for the Flour Bluff
Drive Phase 1 Improvements Project, for reimbursement of construction work
performed for Wal-Mart by the City's contractor, Haas -Anderson.
Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 is changed to increase revenues and expenditures by $6,061.55 each.
ATTEST:
Armando Chapa
City Secretary
Approved as t form:31�g-11
Veronica Ocanas
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
091311 ORD APP $6,061.55 reimbursement for Flour Bluff Dr Phase 1- work perrd for WalMart
�:D
Page 2 of 2
The foregoing ordinance was read for the first time and passed to its second
reading on this the _ day of , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
David Loeb
The foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2011, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
PASSED AND APPROVED on this the
ATTEST:
Armando Chapa
City Secretary
John E. Marez
Nelda Martinez
Mark Scott
David Loeb
day of.
APPROVED as toznz
-Aug-11
By:
Veronica Ocanas
Assistant City Attorney
for City Attorney
Joe Adame
Mayor
091311 ORD APP $6,061.55 reimbursement for Flour Bluff Dr Phase 1- work perfd for WalMart
Im
2011.
0
DATE: 9/27/2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services 111
mikeb@cctexas.com V
361-826-3169
Award of a supply agreement: Sodium Bisulfite Solution
(Bid Invitation No. BI -0159-11)
:a_1211[6l !F
RECOMMENDATION: Motion approving a supply agreement with Commercial Chemical Products, Inc.,
Houston, Texas for approximately 432,500 pounds of sodium bisulfite solution for use at the Wastewater
Treatment Plants in accordance with Bid Invitation No. BI -0159-11, based on only bid for an estimated semi-
annual expenditure of $147,050. The term of the supply agreement will be for six months with an option to
extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager
or designee. Funds are available in the Wastewater Operations Budget in FY2011-2012.
BACKGROUND AND FINDINGS:
This chemical will be used for dechlorination at the Wastewaster Treatment Plants. The dechlorination is
required by the Wastewater Discharge Permits.
ALTERNATIVES:
The bid submitted by Commercial Chemical Products, Inc. meets all of the City's bid requirements and is the
only bid received.
OTHER CONSIDERATIONS: Not applicable.
CONFORMITY TO CITY POLICY:
This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating
procurement.
EMERGENCY/NON-EMERGENCY:
Not applicable.
DEPARTMENTALCLEARANCES:
Wastewater Department
-91-
FINANCIAL IMPACT:
❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures (CIP)
Current Year
Future Years
TOTALS
Budget
$1,373,500.00
$1,373,500.00
Encumbered /
Expended Amount
$113,068.60
$113,068.60
This item
$147,050.00
$147,050.00
BALANCE
1
$1,113,381.40
$1,113,381.40
Fund(s):
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid tabulation attached
Approvals: Brian Narvaez, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie Rose, Assistant City Manager
Foster Crowell, Director of Wastewater Operations
-92-
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
COUNCIL DATE: 9/13/2011
1.0 Sodium Bisulfite Solution
432,500 1 lbs.
BID TABULATION
BI -0159-11
:ial Chemical Products, Inc.
Texas
$0.34 $147,050
Award Total: $147,050.00
-93-
Z
DATE: September 27, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager r�
FROM: Michael Barrera, Assistant Director of Financial Services
mikeb@cctexas.com
361-826-3169
Amending the FY 2011-2012 Budget Ordinance to Increase Revenue
and Expenditures for the One -Year Rollout of the Parking Meter Plan
and
Motion Authorizing the Purchase of Parking Meters
CAPTION:
A. Ordinance appropriating $200,738 from anticipated revenues in the No.1020 General Fund, changing the FY
2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenues and expenditures by
$200,738 each in the General Fund No. 1020 for additional meter equipment, computer rentals, and airtime for
credit card machines, to accomplish the one-year rollout of the parking meter proposal; and declaring an
emergency.
B. Motion authorizing the purchase of parking meters from Duncan Solutions, Inc., Carlsbad, California, for a total
amount of $251,150, based on sole source award. Funds are available in the General Fund in FY 2011-2012.
BACKGROUND AND FINDINGS:
The Police Department is responsible for management of the City's parking control operations.
The Police Department's parking plan and reorganization initiative was first presented to city council in May 2011.
On July 19, 2011, the city council adopted an amended ordinance updating parking meter rates and providing for a
one-year rollout of the initiative. Operational expenses for the one-year program include airtime and the cost of
leasing an additional laptop as well as the cost of purchasing the up-to-date additional and replacement meters
recommended herein that are integral to implementation of the one-year plan approved by city council.
ALTERNATIVES:
None, with respect to amending the FY 2011-2012 budget ordinance.
Additionally, this is a sole source purchase as Duncan Solutions, Inc. is the onlysupplier of parking meters that has
all of the following attributes required by the City: 1) Wi-Fi capable, 2) no credit card transaction fees and 3) total
integration with existing parking meters. As such, there are no alternatives that will allow the City to realize the
parking plan and reorganization initiative as approved by city council.
In addition to the cost of the parking meters set out herein, the City will also incur fees on a month-to-month basis
for credit card and Internet capability, licensing and support services in the amount of $4,708 per month as is
anticipated and budgeted in the parking plan and reorganization initiative approved by city council. Because this
cost is on a month-to-month basis, city council action is not required.
CONFORMITY TO CITY POLICY:
This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement.
—97—
Emergency due to the required one-year rollout.
DEPARTMENTAL CLEARANCES:
Office of Management and Budget
Police Department
FINANCIAL IMPACT:
❑ Not Applicable J Operating Expense ✓ Revenue ❑ CIP
Fiscal Year: 2011-2012
Project -to -Date
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
$0
$649,437.01*
$0
$649,437.01
Encumbered /
Expended Amount
$0
$37,075.09
$0
$37,075.09
This item
$0
$251,150.00
$0
$251,1"50.00
BALANCE
$0
1 $361,211.92
1 $0
$361,211.92
Fund(s): General Fund
Comments: * $649,437.01 is comprised of the original FY 2011-2012 budget amount of $448,699.01 as
approved by city council, plus the $200,738.00 to be appropriated by ordinance in Section A of this agenda
memorandum. The original budget includes $50,412.00 for purchase of parking meters. Consequently, only
$200,738.00 additional appropriation is necessary to complete the proposed purpose.
RECOMMENDATION:
Staff recommends approval of the revised ordinance and the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Revised Ordinance
Bid tabulation
Approvals: Brian Narvaez, Assistant City Attorney
Trisha Dang, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie Rose, Assistant City Manager
Oscar Martinez, Assistant City Manager
Troy Riggs, Chief of Police
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
COUNCIL DATE: 09/27/11
BID TABULATION
PARKING METERS
0.00
142,500.00 +
459000.00 +
379000.00 +
24760^00 +
90000 +
990.00 +
251,150.001
0.00
Zod
C�`n
DUNCAN SOLUTIONS, INC.
CARLSBAD,CA
Unit
Extended
ITEM DESCRIPTION QTY. UNIT
Price
Price
1. Duncan Liberty Single -Space Electronic
300
Each
$475.00
$142;500.00
Meter w/ Credit Card Acceptance and
Wireless Communication
2. Duncan Si Vehicle Sensor (Pole mounted,
300
Each
$150.00
$45,000.00
integrated with Duncan Single -Space
Meters)
3. Duncan Eagle Single -Space Electronic
200
Each
$185.00
$37,000.00
Meter w/o Credit Card Acceptance and
Wireless Communication
4. Duncan VM Kiosk Pay Station w/ Credit
4
Each
$6,190.00
$24,760.00
Card Acceptance and Wireless
Communication
5. Additional Cash Boxes for Duncan VM
2
Each
$450.00
$900.00
Kiosk Pay Station
6. Freight
1
Each
$990.00
$990.00
Award Total
$251,150.00
0.00
142,500.00 +
459000.00 +
379000.00 +
24760^00 +
90000 +
990.00 +
251,150.001
0.00
Zod
C�`n
ORDINANCE
APPROPRIATING $200,738 FROM ANTICIPATED REVENUES IN THE
NO. 1020 GENERAL FUND, CHANGING THE FY 2012 OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 029155 BY INCREASING
REVENUES AND EXPENDITURES BY $200,738 EACH IN THE
GENERAL FUND NO. 1020 FOR ADDITIONAL METER EQUIPMENT,
COMPUTER RENTALS AND AIRTIME FOR CREDIT CARD MACHINES,
TO ACCOMPLISH THE ONE YEAR ROLLOUT OF THE PARKING
METER PROPOSAL; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $200,738 is appropriated from anticipated revenues in the No.
1020 General Fund, changing the FY 2012 Operating Budget adopted by Ordinance
No. 029155 by increasing revenues and expenditures by $200,738 each in the
General Fund No. 1020 for additional meter equipment, computer rentals, and airtime
for credit card machines, to accomplish the one year rollout of the parking meter
proposal.
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 September, 2011.
ATTEST:
Armando Chapa, City Secretary
Approved as to form: August 24, 2011
T. Trigha Dang
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame, Mayor
—100—
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
David Loeb
—101—
10
Cit
Corpy of
us AGENDA MEMORANDUM
Christi for the City Council Meeting of September 27, 2011
DATE: August 31, 2011
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director
MichaelMo .cctexas.com
361-826-3464
Appropriation of the Senior Companion Program (SCP) grant for
2011-2012 11
PURPOSE:
A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept
a $275,007 grant awarded by the Corporation for National and Community Service for the Senior
Companion Program.
B. Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service
in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring
an emergency.
BACKGROUND AND FINDINGS: The Senior Companion Program (SCP) assists low-income
volunteers '55 years and over who are willing to serve as companions to homebound elderly and/or
disabled persons 21 years of age or older.
ALTERNATIVES: Discontinue Senior Companion Program (SCP).
OTHER CONSIDERATIONS: Senior Companions can serve up to 40 hours a week. Companion
benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage
reimbursement or bus tokens. In FY 2009-2010, 62 companions contributed 53,735 hours of service in
our community.
FINANCIAL IMPACT: The City of Corpus Christi provided $60,975 in the FY12 General Fund budget
for a cash match for this program. Continued grant funding based on Federal and State appropriations.
❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2010-2011
Project to date
exp (CIP Only)
Current Year
Future Years
TOTALS
Budget
60,975
Encumbered/Expended Amt.
This item
275,007
Balance:
335,982
—105—
Page 2 of 2
RECOMMENDATION: Staff recommends acceptance and approval of this grant.
CONFORMITY TO CITY POLICY: City Council must approve and appropriate grant funding.
EMERGENCY/ NON -EMERGENCY: Emergency
DEPARTMENTAL CLEARANCES: Parks and Recreation, Finance
LIST OF SUPPORTING DOCUMENTS:
Attachment — Notice of Grant Award (Corporation for National and Community Service)
Cc: Lisa Aguilar, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager,
-106-
For Official Use Only
Notice of Grant Award Corporation for National and Community Service
601 Walnut Street, Suite 876 E
Philadelphia, PA 19106-3323
Senior Companion Program
City of Corpus Christi EIN: 746000574
1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277
Award Information
Agreement No.: 10SCWTX001 Project Period: 07/01/2010 - 06/30/2013
Amendment No.: 1 Budget Period: 07/01/2011- 06/30/2012
CFDA No.: 94.016
Award Description
Authorize FY2011 funding
The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic
Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22).
Funding Information
Current Year Awarded Awarded Amendment Total
rent
Year
This Year
Total Obligated by CNC$ $0 $275,007 $275,007
Grantee's Unobligated $0 $0 $0
balance (Carryover)
Total Available $0 $275,007 $275,007
Cumulative Funding for Project Period
Total Awarded in Previous Years
Total CNCS Funds Awarded to Date
Source and Amount
2011 --OPE 1 -P77 -COO -61413-4101
$275,007
$550,014
$275,007.00
Special Conditions _
Costs allowed under this grant are limited to those categories contained in signed application package dated 5/11/11.
Grantee shall prepare a Project Progress Report (CNCS-1020 for Senior Corps) semiannually at the end of the 2nd and 4th
quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the
end of the designated reporting period.
The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2011 which if incurred before the signature
date of this award, would have been reimbursed under the terms of this grant.
Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and
conditions of the grant that are on the Corporation's website at
https://egrants.cns.gov/termsandconditions/FGPSCPTandC_Revised20101001.pdf, all assurances and
certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The
Page 1
For OfliciaJ Vnly
For Official Use Only
Notice of Grant Award 601 Walnut Street, Suite 876 E
Philadelphia, PA 19106-3323
Senior Companion Program
Grantee
City of Corpus Christi EIN: 746000574
1201 Leopard PO Box 9277 Corpus Christi TX 78469-9277
Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s),
supporting documents, and other representations made in support of the approved Grant application.
Corporation for National and Community Service:
IAXI* %'
06/20/2011
Signature
Lennette B. White
Name (typed)
Senior Grants Officer
Date
Lennette B. White, 215-964-6309
Grants Official
LeRoy Minor, (512) 916-5671
Program Official---- ---
Page 2
For OM2`'TU
Only
Page 1 of 1
Resolution authorizing the City Manager or designee to execute all
documents necessary to accept a $275,007 grant awarded by the
Corporation for National and Community Service for the Senior
Companion Program.
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 all documents
necessary to accept a $275,007 grant awarded by the Corporation for National and
Community Service for the Senior Companion Program.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
APPROVED: September 1, 2011
Lisa Aguila , ssistant City Attorney
for the City Attorney
-109-
Corpus Christi, Texas
of .2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
—110—
Page 1 of 1
Ordinance appropriating a $275,007 grant from the Corporation for
National and Community Service in the No.1067 Parks and Recreation
Grants fund for the Senior Companion Program; and declaring an
emergency.
Be it ordained by the City Council of the City of Corpus Christi, Texas, that:
SECTION 1. A $275,007 grant from the Corporation for National and Community
Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior
Companion Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of September, 2011.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved: September 1, 2011
Lisa Aguila , Assistant City Attorney
for the City Attorney
—111—
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: [/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,
Council Members
Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
—112—
11
DATE: September 1, 2011
TO: Ronald L. Olson, City Manager
FROM: Annette Rodriguez, M.P.H.
AnnetterCcilcctexas.com
361-826-7205Work phone
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
Director of Public Health
Tuberculosis Prevention and Control FY 11-12
Grant Approval and Appropriation of Funds 11
CAPTION:
Agenda Item: Resolution authorizing the City Manager or his designee to accept a grant of $73,276 from
the Texas Department of State Health Services to provide for the elimination and control of tuberculosis
and to execute all related documents; and to ratify acceptance of the grant to begin as of September 1,
2011.
Agenda Item: Ordinance appropriating a grant of $73,276 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and
declaring an emergency.
BACKGROUND AND FINDINGS:
The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $73,276 to provide
funding for the elimination and control of tuberculosis beginning September 1, 2011 through August 31, 2012 to
fund personnel fringe benefits, travel, supplies and contractual to support services to individuals who have
tuberculosis or those who have a high risk of developing tuberculosis.
ALTERNATIVES:
Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in
itself could lead to major Tuberculosis outbreaks in the future.
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Council approval required for acceptance of grant and appropriation of grant funds.
-115-
EMERGENCY/NON-EMERGENCY:
One reading- grant contract begins September 1, 2011.
DEPARTMENTAL CLEARANCES:
Corpus Christi-Nueces County Public Health District
Legal Department
Finance — Federal Grants and Office of Management and Budget
FINANCIAL IMPACT:
❑ Not Applicable X Operating Expense X Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
Encumbered /
Expended Amount
This item
$73,276
$73,276
BALANCE
$73,276
1
,276
Fund(s): Grant
Comments: No fiscal impact to General Fund. Grant award of $73,276.
RECOMMENDATION:
Staff recommends approval of this agenda item.
LIST OF SUPPORTING DOCUMENTS:
Contract No. 2012-039062
Resolution / Ordinance
Approvals: Elizabeth Hundley, Assistant City Attorney
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager
-116-
Resolution authorizing the City Manager or his designee to accept a
grant of $73,276 from the Texas Department of State Health Services
to provide for the elimination and control of tuberculosis and to
execute all related documents; and to ratify acceptance of the grant
to begin as of September 1, 2011.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$73,276 from the Texas Department of State Health Services to provide for the elimi-
nation and control of tuberculosis and to execute all related documents. Additionally,
the City Council ratifies acceptance of the grant to begin as of September 1, 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 1, 2011
Eliza h R. Hundley
Assistant City Attorney
for the City Attorney
EHres296 TB Grant FY1112 20110901
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
-117-
Page 1 of 2
Corpus Christi, Texas
day of
2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
EHres296 TB Grant FYI 112 20110901
—118—
Page 2 of 2
Ordinance appropriating a grant of $73,276 from the Texas
Department of State Health Services in the No. 1066 Health Grants
Fund to provide for the elimination and control of tuberculosis; and
declaring an emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Grant funding in the amount of $73,276 from the Texas Department of
State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for
the elimination and control of tuberculosis.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 1, 2011
1 / %
Eliza h R. Hundley
Assi nt City Attorney
for the City Attorney
Joe Adame
Mayor
EHord343 TB Grant FYI 112 20110901 Page i of 2
-119-
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,
Council Members
Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
EHord343 TB Grant FY1112 20110901 Page 2 of 2
-120-
12
DATE: September 1, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Annette Rodriguez, M.P.H., Director of Public Health
AnnetteRCa2cctexas.com
361-826-7205
Regional Local Services System grant FY 11-12
Grant Approval and Appropriation of Funds
CAPTION:
Agenda Item: Resolution authorizing the City Manager or his designee to accept a grant of
$164,367.63 from the Texas Department of State Health Services to provide essential public health
services and to execute all related documents; and ratify acceptance of the grant to begin as of
September 1, 2011.
Agenda Item: Ordinance appropriating a grant of $164,367.63 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide essential public health services;
and declaring an emergency.
BACKGROUND AND FINDINGS:
The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $164,367.63 to
provide funding for public health services beginning September 1, 2011 through August 31, 2012 to fund personnel,
fringe benefits and supplies to support the provision of essential public health services including disease
investigation and surveillance, laboratory services and. environmental health services.
ALTERNATIVES:
Discontinue the public health services program; thus causing the grant to cease to exist for public health services
including disease investigation and surveillance, laboratory services and environmental health services; this in itself
could lead to major outbreaks in the future.
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Council approval required for acceptance of grant and appropriation of grant funds.
-123-
One reading -grant contract begins September 1, 2011
DEPARTMENTAL CLEARANCES:
Corpus Christi-Nueces County Public Health District
Legal Department
Finance - Federal Grants and Office of Management and Budget.
FINANCIAL IMPACT:
❑ Not Applicable X Operating Expense X Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
Encumbered /
Expended Amount
This item
$164,367.63
$164,367.63
BALANCE
$164,367.63
$164,367.63
Fund(s): Grant
Comments: 16% reduction in funding this year. No fiscal impact to General Fund. Grant award of
$164,367.63.
RECOMMENDATION:
Staff recommends approval of this agenda item.
LIST OF SUPPORTING DOCUMENTS:
Contract No. 2012-039488
Resolution / Ordinance
Approvals: Elizabeth Hundley, Assistant City Attorney
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager
—124—
Resolution authorizing the City Manager or his designee to accept a
grant of $164,367.63 from the Texas Department of State Health
Services to provide essential public health services and to execute
all related documents; and to ratify acceptance of the grant to begin
as of September 1, 2011.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$164,367.63 from the Texas Department of State Health Services to provide essential
public health services and to execute all related documents. Additionally, the City
Council ratifies acceptance of the grant to begin as of September 1, 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED: September 1, 2011
1, t
Eliza*h R. Hundley
Assistant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
EHres298 RLSS Grant FYI 112 20110901 Page 1 of 2
-125-
Corpus Christi, Texas
day of
2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
EHres298 RLSS Grant FYI 112 20110901
-126-
Page 2 of 2
Ordinance appropriating a grant of $164,367.63 from the Texas
Department of State Health Services In the No. 1066 Health Grants
Fund to provide essential public health services; and declaring an
emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Grant funding in the amount of $164,367.63 from the Texas Department
of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide
essential public health services.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs,
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
, 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: September 1, 2011
L
Elizaa R. Hundley
Assisnt City Attorney
for the City Attorney
Joe Adame
Mayor
EHord345 RLSS Grant FY1112 20110901 Page 1 of 2
-127-
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,
Council Members
Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
EHord345 RLSS Grant FY1112 20110901 Page 2 of 2
-128-
13
%ty
of
sti
DATE: September 6, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P. E., Director of Engineering Services
petean(o-.cctexas.com, (361) 826-3781
Approval of Professional Services Contract:
DOWNTOWN STREETS - CHAPARRAL (STREET SIGNALIZATION FOR TWO
WAY CONVERSION) — PROJECT NO. 6610 11
PURPOSE:
Motion authorizing the City Manager or designee to execute a Professional Services contract with
HDR Engineering, Inc. of Corpus Christi, Texas, in the amount of $97,250.00 for Downtown Streets -
Chaparral (Street Signalization for Two Way Conversion) (Bond 2008).
BACKGROUND AND FINDINGS:
The scope of the project includes Package A and Package B:
Package A includes preparation of traffic signal plans, technical specifications, summary of quantities, and
estimate of probable cost for three intersections; Chaparral/William, Chaparral/Lawrence, and
Chaparral/Schatzel. The signals shall accommodate two way traffic. The plans and technical specifications
will be provided to Gignac and Associates for inclusion in the overall Chaparral Street Improvements project.
Traffic Signal hardware shall be selected by Gignac and Associates.
Package B includes assisting the City staff in conducting an inventory of the signal system on the remainder
of Chaparral St. from IH -37 to Cooper's Alley.
This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No.1
Street Improvements. A contract for professional services is required to complete the design phase, bid
phase, and construction phase; and requires City Council approval. RFQ No. No. 2008-05 Bond Issue 2008
and Other Projects was distributed on September 19, 2008 to 206 firms. The firms' qualifications were
reviewed by a Selection Committee. On February 25, 2010, Gignac Architects was selected to provide
Architect/Engineer Consultant Services for the Downtown Streets - Chaparral. HDR Engineering Inc. of
Corpus Christi, Texas is part of the Gignac Team as a subcontractor. During negotiations with Gignac it
was determined to be most advantageous to the City for the signal design to be issued as a separate
contract with HDR Engineering.
ALTERNATIVES:
1. Award contract to HDR Engineering as proposed.
2. Repeat the RFQ Selection Process and negotiate with a different design firm.
—131—
K:Tngineedng DataExchange\C1adasaAStnems\6510- Downtown Streets(Chape ) Bond Issue 200841E Agreement-RDtt\Agenda Item\6510- Emoutive Summmy.ducx
FINANCIAL IMPACT
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
FISCAL YEAR: 2011-2012
Prior Year
CIP Only)
Current Year Future Years TOTALS
Budget
$821,400.00
$2,089,300.00 $589,300.00 $3,500,000
Encumbered/Expended Amt.
$821,400.00
This item
$97,250.00
BALANCE
$1,992,050.00
FUNDS (S): Streets
Comments: Anticipated completion date for Downtown Streets— Chaparral is November 2012.
RECOMMENDATION: City staff and Gignac Associates recommend that the contract be awarded to HDR
Engineering, Inc. of Corpus Christi, Texas, in the amount of $97,250.00 for Professional Services.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011-12
Capital Budget.
EMERGENCY/NON-EMERGENCY:
Not Applicable.
DEPARTMENTAL CLEARANCES:
Not Applicable.
LIST OF SUPPORTING DOCUMENTS
Project Budget
Location Map
Cc: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
K.\Engineenng Das chengACiads9aA eeta\6510-Do tm 9Vecf (Chap.,W)Rond Isme 201Z?Ag¢ement-MR\Agende Item\6510-Executive&mmary.donx
PROJECT BUDGET
Downtown Streets - Chaparral - BOND 2008
Project No. 6510
September 20, 2011
FUNDS AVAILABLE:
Streets CIP (Bond 2008) $2,000,000.00
Utilities CIP $1,500,000.00
Total $3,500,000.00
FUNDS REQUIRED:
Construction: (Estimate) $2,200,000.00
Contingencies $220,000.00
Consultant Fees:
Consultant (Gignac Architects)$757,883.00
Consultant (HDR Engineering) $97,250.00
Materials Testing $44,000.00
Reimbursements:
Contract Administration (Contract Preparation/Award/Admin) $55,000.00
Engineering Services (Project Mgt/Const. Mgtrrraffic Mgt) $70,000.00
Finance Issuance $25,000.00
Misc. (Printing, Advertising, etc.) $10,000.00
TOTAL $3,479,133.00
ESTIMATED PROJECT BUDGET BALANCE $20,867.00
` Contract was awarded by City Council on June 29, 2010.
-133-
DOWNTOWN STREET CITY COUNCIL EXHIBIT
(CHAPARRAL) DEPARTMENT
NT OFPENGIN CHRISTI, SERVICES
PAGE:of
BOND ISSUE 2008 1 — —
DATE., 9-20-- 201011 ^�
m
DATE: August 31, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services
petean@cctexas.com
(361) 826-3781
Approval of Street Closure:
11 Texas Jazz Festival 11
CAPTION:
Motion approving the application for street closure from the Texas Jazz Festival Society; to temporally close the
following street sections for the Texas Jazz Festival; to take place Friday, October 21, 2011 through Sunday,
October 23, 2011.
A. The temporary street closure of Hughes Street between Chaparral and Mesquite Street, beginning at 9:00
A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011.
B. The temporary street closure of Fitzgerald Street between Chaparral and Mesquite Street, beginning at 9:00
A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011.
C. The temporary street closure of Mesquite Street between Hughes and Fitzgerald Street, beginning at 9:00
A.M, Friday, October 21, 2011 and ending at 11:00 P.M., Sunday, October 23, 2011.
BACKGROUND AND FINDINGS:
The Texas Jazz Festival is taking place on the Bayfront at Heritage Park. The 3 -day event will require temporary
street closures of Hughes Street and Fitzgerald Street as noted above. This year, because of continued growth, the
Texas Jazz Festival Society is requesting the closure of Mesquite Street to provide additional space for the event.
The street closure will begin on Friday, October 21, 2011-9:00 A.M. and will remain in place through the duration of
the festival. This event will feature renowned live jazz entertainment bringing in people for from all over the Coastal
Bend.
ALTERNATIVES:
Not Applicable
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article I. IN General; Division 2 -
Temporary Closure of Streets
—137—
EMERGENCY/NON-EMERGENCY:
Non -emergency
DEPARTMENTALCLEARANCES:
Not Applicable
FINANCIAL IMPACT:
X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
Encumbered/
Expended Amount
This item
BALANCE
Fund(s):
Comments: Not applicable
RECOMMENDATION:
Traffic Engineering recommends that the street closure application for Hughes Street, Fitzgerald Street and
Mesquite Street be approved for the Texas Jazz Festival.
LIST OF SUPPORTING DOCUMENTS:
Street Closure Application, Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, P.E. Assistant City Manager
-138-
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TEXAS JAll FESTIVAL Engineering Services Dept.
-139-
City
.� _... Corpusof
City of Corpus Christi
Department of Engineering Services
Traffic Engineering
APPLICATION FOR
TEMPORARY CLOSURE OF STREET(S) PERMIT
1. Name of Organization Sponsoring Event: Texas Jazz Festival Society
a. Address: 4214 Valley Circle
b. City: Corpus Christi State: Texas Zip: 78413
c. Phone #: 361/688-1296 Fax#:361/808-9515
d. Email: rick Sanchez( att net
2. Name of Proposed Event: The Texas Jazz Festival
3. Date of Planned Event: October 21-23.2011
4. Key Contact Individual Rick Sanchez Phone #: 361/688-1296
5. 5. Street(s) Requested for Closure, Dates and Times of Day: DESCRIBE.
6. Purpose of Event and Detailed Description of Activities Planned: The Texas Jazz
7. List foods and beverages to be served: 15-17 vendors selling a variety of festival
foods. The Jazz Society will be selling the soft drinks wine and beer,
Page 1 of 8
—140-
8. Services Requested by the City:
Traffic Cones and Barricades
9. Attach a diagram illustrating in detail the location of booths, stages, restrooms,
first-aid stations, etc., that will be included in the event.
10. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance
#20463, 9/20/88).
11. Attach an official letter of transmittal requesting approval of the event at
least (30) day prior to the event date.
12. in consideration of obtaining a permit to close a City street for a public event, the
applicant or sponsoring organization agrees to comply with the following
applicable conditions:
A. Admittance to said event shall be free;
B. All profits derived from the event shall be for charitable causes;
C. Pay the City four -percent (4%) of the gross receipts derived from event, or
reimburse the City for all costs incurred by the City in support of said
event. Accurate financial records shall be maintained and payment shall
be made to the city within sixty (60) days after the event ends.
D. *Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "A".
E. *Completion of Indemnification Agreement;
F. *Provision of a traffic control plan for event, to be coordinated with the
Traffic Engineering Division and Police Department. The City shall be
reimbursed for its installation of all traffic signage and barricading
determined by the City to be necessary for safe control of the event.
G. *Require written notice and notice to be given to tenants and building
managers; and posting of same inside entrances to multi -tenant buildings.
This notice is to be furnished and posted a minimum of 2 week prior to the
required City Council meeting at which the motion to approve the
Temporary Street Closure permit will be considered.
H. Provide adequate number of restroom facilities to accommodate the
anticipated public;
I. Obtain the appropriate alcohol and food permits required by State and
Local authorities, at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by
sponsor; security shall consist of off-duty City Police officers, or other type
security officially approved by the City.
Page 2 of 8
—141—
K. All construction of booths, stages, displays, electrical services and
plumbing shall comply with City Codes. The final layout of booths shall be
approved by the Director of Parks and Recreation;
L. Provide for potable water within the event site;
M. Provide first-aid stations;
N. Provide continuous cleaning of the site during the event and return it to
Pre -event condition after event ends;
O. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departm
a safe and successful event; ents to insure
R. Vehicles shall be prohibited from parking on grass areas within the street
right-of-way.
R. No obliteration or defacing of the street surface or sidewalk; except by
chalk markings;
S. All City Noise Abatement Ordinances shall be complied with;
T. Allow for the free passage of emergency vehicles into event area in case
of emergency;
U. Carnival -type rides will not be permitted.
V. Building and Electrical permits for a temporary promotional event,
associated construction and Certificate of Occupancy are required.
*Evidence that these Conditions have been met must be presented to the City
Traffic Engineer prior to the request being submitted to the City Council for final
approval.
Eve Chairman/Organ er Signa
7�Spcns9nng Organization Tr �
f,.
Date auhmR»- A
For more information please contact:
The City of Corpus Christi, Traffic Engineering Division at:
Ph: 361-826-3547 • Fax: 361-826-3545
1201 Leopard St. Corpus Christi TX78401 8401 • PO Box 9277 Corpus Christi, TX 78469-9277
Page 3 of 8
—142—
INDEMNITY AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section iii of said standards, entitled Procedure and Permit
Requirements, requires a contractor for a permit to close or block any part of a roadway
to file a statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right-of-way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney=s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result of
the granting of this permit.
The Contractor, during the term of operations specified in this Public Right -of -
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for large
events or $500,000 for small events as required by the Risk Manager of the City of
Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named
as Additional Insured on the policy. Evidence of required insurance coverage with a
Certificate of Insurance furnished to the Traffic Engineering Division prior to the
proposed blockage under this permit.
Witness my (our) hand(s) this
i i
(5j date�of �1<'., 20
�L
Permit Applicant Signature
1 lr0- pang Iia — �-�
Page 4 of 8
—143—
EXHIBIT A - INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until all insurance required herein has
been obtained and such insurance has been approved by the City. Permittee must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has
been obtained.
B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City
must be named as an additional insured for the General Liability policy and a blanket waiver of
subrogation is required on all applicable policies.
C.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non-
Bodily Injury and Property Damage
renewal, material change or termination is
Per occurrence aggregate
required on all certificates
COMMERCIAL GENERAL LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
including:
1. Commercial Form
2. Premises - Operations
3. underground Hazard
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Broad Form Property Damage
7. independent Contractors
n the event M --- _
-
report - - --- -• -- IM ur any Kind, Permittee must furnish the Risk Manager with copies of all
s of such accidents within 10 days of any accident.
It. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
The City of Corpus Christi must be named as an additional Insured on the General liability
coverage and a blanket waiver of subrogation in favor of the City is also required.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or between "be" and "canceled",
and deleting the words, "endeavor to", and deleting the wording after "left". in lieu of
modification of the ACORD form, separate policy endorsements addressing the Same
substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations
• is e, to a minimum, a all -day written notice of cancellation, material Chang
2008 street closure Permiitt ins. regqulfed.
5-8-08 ep Risk Mgmt, - non -renewal or
Risk Management Representative
Approved Insurance Date
Page 5 of 8
-144-
DIVISION 2. TEMPORARY CLOSURE OF STREETS
Sec. 49-15. Permit required; application.
No streets shall be closed temporarily nor shall any street right-of-way be used in such a
manner as to impede the free flow of traffic without the issuance of a permit by the city as
provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event
shall make application there for on forms furnished by the city containing such information as
the city may require including, but not limited to, the date and location of the event, the name of
the sponsoring organization, the purpose of the event, and a diagram illustrating the street or
streets to be closed and the layout of activities. The application must be submitted at least
twenty (20) working days prior to the event and must be accompanied by an application fee as
hereinafter provided to cover administrative costs.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988)
Sec. 49-16. Issuance of permits; classification of events.
Upon the review and recommendation of the application by the city, permits may be issued for
the temporary closure of a street or streets in the following manner:
a) Neighborhood events. For neighborhood events at which no admission is charged and,
no items are sold and which require the closure of residential neighborhood streets for
less than twelve (12) continuous hours, permits may be granted by the city manager or
his designated representative. Notice of the granting of such permits shall be provided
the city council. A permit application fee of one hundred ten dollars ($110.00) is required
for such events.
b) Small events. For small events which require the closure of one (1) or more minor
streets adjacent to churches, schools, or other public institutions, not involving extensive
detouring of traffic and not requiring closure for more than twelve (12) continuous hours,
permits may be granted by the city manager or his designated representative. Notice of
the granting of such permits shall be provided the city council. For the purposes of this
section, the term "minor streets" shall mean any streets other than arterial and collector
streets as classified on the urban transportation plan. A permit application fee of two
hundred dollars ($200.00) is required for such events.
c) Larne events. For all other events, which shall be treated as large events, including,
but not limited to, events which require the closure of one (1) or more major streets or
involve more extensive detouring of traffic, permits may only be issued by the city
manager upon the approval of the city council expressed by motion. A permit application
fee of two hundred dollars ($200.00) is required for such events.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5,
7-24-2007)
Sec. 49-17. Conditions and requirements for permit.
Prior to the temporary closure of any street, the sponsor must agreet0 comply With the
conditions and requirements for such temporary closure imposed by the city including, but not
limited to, the following:
a) All events shall be open to the public and admission shall be free.
b) All profits derived from the event shall be used for charitable purposes.
c) Insurance policies naming the city as an additional insured shall be obtained with
minimum coverage for small events of five hundred thousand dollars ($500,000.00)/five
hundred thousand dollars ($500,000.00)/one hundred thousand dollars (gloo,000.00)
Page 6 of 8
—145—
and for large events of five hundred thousand dollars ($500,000.00)/one million dollars
($1,000,000.00yone hundred thousandldcity
at e100ast fiv0e (50). Certtiificates to the eventing
the required coverage shall be supplied t
d) The sponsor shall agree to indemnify and forever save harmless the city from any claims
arising from the event. sponsor and placed in accordance with a
e) Sufficient barricades shall be obtained by the
plan approved by the traffic engineer.
f) (1) Notice required under this section must be furnished and posted at least two (2)
weeks prior to the required city council meeting at which the motion to approve the
permit will be considered.
(2) Standard form of approved written notice required. The applicant/sponsor must give
written notice by using the standard approved form supplied by the traffic engineer.
(3) Required recipients of written notice.
a. The applicant or sponsor must furnish approved written notice of the proposed
temporary street closure as follows:
1. To all tenants occupying a tenant space of property abutting that portion of
the street to be closed to vehicular traffic; and, in addition,
2. To all building managers and property managers of all multi -tenant properties
abutting that portion of the street to be closed to vehicular traffic.
3. If the property abutting that portion of the street to be closed to vehicular
traffic is vacant, approved written notice may be mailed to the property
owner's last known address according to the of the Nueces County Tax
Appraisal District's records.
b. Proof of delivery. As part of the permit application process, the applicant must
show the traffic engineer proof of having furnished the written notice required
under this chapter.
c. Hand delivery. Proof of each hand delivery may be shown by providing the
signature of the recipient, along with the recipient's name, address, and contact
information.
d. Certified mail. If written notice cannot be made by hand delivery, proof may be
shown by the receipt of certified mail delivery.
(4) Posting of approved written notice required. The applicant or sponsor must post the
approved written notice on the inside of entrances to multi -tenant buildings of
properties abutting that portion of the street to be closed to vehicular traffic.
(5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's
approved written notice of the proposed temporary street closure shall include
notice of the date, time, and location of the city council meeting at which approval of
the permit is scheduled.
g) Adequate restroom facilities must be provided to accommodate the needs of the public
h) All other permits required by the state or any other public authority must be obtained by
the sponsor at least two (2) weeks prior to the event.
i) All security shall be provided by the sponsor.
j) Any construction of booths, stages, displays, electrical services and plumbing shall
comply with the relevant city codes and shall be in accordance with the layout approved
in the permit.
k) A sufficient supply of potable water shall be supplied within the event site.
1) Adequate first aid stations shall be provided by the sponsor.
m) The sponsor shall provide continuous cleaning of the site during the event and at the
conclusion of the event restore the site to the same condition it was in prior to the event.
Any damaged public property shall be restored by the sponsor upon conclusion of the
event.
Page 7 of 8
—146—
n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way.
o) No paint or other markings shall be permitted which in any way obliterate or deface any
pavement markings.
P) Provision shall be made for the free passage of emergency vehicles into the event area
in case of emergency.
q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer
Days to charge an admission fee.
r) The city council by motion may authorize temporary closure of a street for producing a
historical, cultural, documentary, promotional, or other similar motion picture, or for
conducting a comparable event, which will promote the city. In addition to the application
fee required by section 49-16, before the permit is issued the sponsor shall pay the
same occupancy charges that would be required by section 53-195 for a contractor
occupying public right-of-way during erection, construction or repair of a building. If the
city council finds that producing the motion picture or conducting the event in the city will
provide sufficient favorable publicity and economic benefits to justify waiver, the council
may waive the payment of said occupancy charges and may waive the requirements of
subsections (a) and (b) above.
In addition to the foregoing conditions and requirements, the city may require such other
conditions or requirements as are reasonably necessary to fit the particular needs of the
event in order to ensure the public safety and protect public property.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128,11-
11-1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007)
Sec. 49-18. Reimbursement for costs of the city.
For any event requiring the temporary closure of one (1) or more streets the sponsor must
agree to either:
a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the
public expenses involved in producing the event; or
b) Pay to the city an amount equal to the actual costs and expenses incurred by the city
cleaning the site after the event and any other actual expenses of the city associated
with the event.
(Ord. No. 17651, § 1, 6-15-1983)
Sec. 49-19. Reserved.
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Chapter 49 Streets and Sidewalks"
Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19
page g of a
-147-
15
DATE: August 31, 2011
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services
petean@cctexas.com / \
(361)826-3781
Approval of Street Closure:
Decision House Fall Festival
CAPTION:
Motion approving the application for street closure from the Faith Based Services Coalition to temporarily close the
following street sections for the Corpus Christi Police Decision House Fall Festival; to take place Friday, October.
28, 2011 through Saturday, October 29, 2011.
A. The temporary street closure of John Sartain Street between Water Street and Chaparral Street, beginning
at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011.
B. The temporary street closure of North Chaparral Street between Coopers Alley and John Sartain Street,
beginning at 10:00 A.M, Friday, October 28, 2011 and ending at 12:00 A.M. Sunday, October 30, 2011.
BACKGROUND AND FINDINGS:
The Decision House Fall Festival will take place at the Corpus Christi Police Department Headquarters on John
Sartain Street. The 2 -day event will require temporary street closure of North Chaparral Street and John Sartain
Street as noted above. The street closure will begin on Friday, October 28,201 1-10:OOA.M. and will remain in place
through the duration of the event. The Decision House Fall Festival is an educational event for the community
sponsored by Faith Based Services Coalition and the Corpus Christi Police Department.
ALTERNATIVES:
Not Applicable
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to the Code of Ordinances Chapter 49 -Streets and Sidewalks; Article I. IN General; Division 2 -
Temporary Closure of Streets
EMERGENCY I NON -EMERGENCY:
Non -Emergency
-151-
DEPARTMENTAL CLEARANCES:
Not Applicable
FINANCIAL IMPACT:
x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Data
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
Encumbered /
Expended Amount
This item
BALANCE
Fund(s):
Comments: Not applicable
Traffic Engineering recommends that the street closure application for North Chaparral Street and John Sartain
Street to be approved for the Decision House Fall Festival.
LIST OF SUPPORTING DOCUMENTS:
Street Closure Application
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, P.E., Assistant City Manager
-152-
r'
C«Pmeeesn
City
us City of Corpus Christi
MN Chn tf Department of Engineering Services 11111.r
Traffic Engineering
2.
3.
4.
5.
APPLICATION FOR
TEMPORARY CLOSURE OF STREET(S) PERMIT
Name of Organization Sponsoring Event: F i Tei BASED S ERV t C@ S CoA SI T10n1
Address: 3zl So HrJ SARTAInI STRECT
City: CORPUS CHR16T1 State: 1 Zip: 78+01
Phone#: 3�1-b33-�Z`1°a Fax#:
Email:
Name of Proposed Event: peas 1 oo Houst FA>- F-EST,VPI L
Date of Planned Event: FRI- SAT OCr 281", 20/1- Oc-r 99"', 2011
Key Contact lndividual SAtJr)RA CAS-riw o Phone#: 3+0t-(033-7293
Street(s) Requested for Closure, Dates and Times of Day: -
II GFrrr- ke4ween Coonrrs Rllev i Sohn
6. Purpose of Event and Detailed Description of Activities Planned:
7. List foods a�+�n,d beverages to be served:
Page 1 of 8
-153-
8.
9. Attach a diagram illustrating in detail the location of booths, stages, restrooms,
first-aid stations, etc., that will be included in the event.
10. Enclose a check or money order for $200 to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance
#20463, 9/20/88).
11. Attach an official letter of transmittal requesting approval of the event at
least (30) day prior to the event date.
12. In consideration of obtaining a permit to close a City street for a public event, the
applicant or sponsoring organization agrees to comply with the following
applicable conditions:
A. Admittance to said event shall be free;
B. All profits derived from the event shall be for charitable causes;
C. Pay the City four -percent (4%) of the gross receipts derived from event, or
reimburse the City for all costs incurred by the City in support of said
event. Accurate financial records shall be maintained and payment shall
be made to the city within sixty (60) days after the event ends.
D. *Provide and maintain an insurance policy with the limits and requirements
shown on the attached Exhibit "A".
E. *Completion of Indemnification Agreement;
F. *Provision of a traffic control plan for event, to be coordinated with the
Traffic Engineering Division and Police Department. The City shall be
reimbursed for its installation of all traffic signage and barricading
determined by the City to be necessary for safe control of the event.
G. *Require written notice and notice to be given to tenants and building
managers; and posting of same inside entrances to multi -tenant buildings.
This notice is to be furnished and posted a minimum of 2 week prior to the
required City Council meeting at which the motion to approve the
Temporary Street Closure permit will be considered.
H. Provide adequate number of restroom facilities to accommodate the
anticipated public;
1. Obtain the appropriate alcohol and food permits required by State and
Local authorities, at least two (2) weeks prior to the event;
J. All security other than perimeter traffic control shall be provided by
sponsor, security shall consist of off-duty City Police officers, or other type
security officially approved by the City.
Page 2 of 8
—154—
K. All construction of booths, stages, displays, electrical services and
plumbing shall comply with City Codes. The final layout of booths shall be
approved by the Director of Parks and Recreation;
L. Provide for potable water within the event site;
M. Provide first-aid stations;
N. Provide continuous cleaning of the site during the event and return it to
pre -event condition after event ends;
O. Restore any damaged City property promptly after event ends;
P. Coordinate all phases of event with appropriate City departments to insure
a safe and successful event;
Q. Vehicles shall be prohibited from parking on grass areas within the street
right-of-way.
R. No obliteration or defacing of the street surface or sidewalk; except by
chalk markings;
S. All City Noise Abatement Ordinances shall be compiled with;
T. Allow for the free passage of emergency vehicles into event area in case
of emergency;
U. Carnival -type rides will not be permitted.
V. Building and Electrical permits for a temporary promotional event,
associated construction and Certificate of Occupancy are required.
*Evidence that these conditions have been met must be presented to the City
Traffic Engineer prior to the request being submitted to the City Council for final
approval.
Sponsoring Organization
(o . 2 4. 1(
Date Submitted
For more information please contact:
The City of Corpus Christi, Traffic Engineering Division at:
Ph: 361-826-3547 9 Fax: 361-826-3545
1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469-9277
Page 3 of 8
—155—
INDEMNITY AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES
WHEREAS, Section iii of said standards, entitled Procedure and Permit
Reauirements, requires a contractor for a permit to close or block any part of a roadway
to file a statement with the Director of Engineering Services Traffic Engineering Division
indemnifying in the city against all claims or causes of action by reason of or arising
from the closing or blocking of the roadway pursuant to a permit issued by the City.
Now, therefore, in consideration for the issuance of a permit to the undersigned
by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street,
alley or other public right-of-way in said City, said permit applicant agrees to indemnify
and safe harmless and defended the City of Corpus Christi, its agents and employees
from any and all claims, lawsuits, demands, liabilities, losses or expenses, including
court costs and reasonable attorney=s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damages to any
property which arise or may be alleged to have arisen directly or indirectly, as a result of
the granting of this permit.
The Contractor, during the term of operations specified in this Public Right -of -
Way Blockage Permit, will provide and maintain at the Contractor expense,
Comprehensive General Liability Insurance coverage with a Contractual Liability
endorsement and with minimum limits of $1,000,000 Combined Single Limit for large
events or $500,000 for small events as required by the Risk Manager of the City of
Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named
as Additional Insured on the policy. Evidence of required insurance coverage with a
Certificate of Insurance furnished to the Traffic Engineering Division prior to the
proposed blockage under this permit.
Witness my (our) hand(s) this date of 20
Permit Applicant Signature
Company Name
Page 4 of 8
—156—
EXHIBIT A - INSURANCE REQUIREMENTS
PERMITTEE'S LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until all insurance required herein has
been obtained and such insurance has been approved by the City. Permittee must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has
been obtained.
B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City
must be named as an additional insured for the General Liability policy and a blanket waiver of
subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non-
Bodily Injury and Property Damage
renewal, material change or termination is
Per occurrence aggregate
required on all certificates
COMMERCIAL GENERAL LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
including:
1. Commercial Forth
2. Premises—Operations
3. Underground Hazard
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Broad Forth Property Damage
7. Independent Contractors
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all
reports of such accidents within 10 days of any accident.
IL ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the General liability
coverage and a blanket waiver of subrogation in favor of the City is also required.
• If your insurance company uses the standard ACORD forth, the cancellation clause (bottom
right) must be amended by adding the wording "changed ori' between "be" and "canceled',
and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of
modification of the ACORD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations".
• At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or
termination is required.
200B street closure Permit ins. req.
5-8-08 op Risk Mgmt,
Risk Management Representative Approved Insurance Date
Page 5 of 8
—157—
DIVISION 2. TEMPORARY CLOSURE OF STREETS
Sec. 49-15. Permit required; application.
No streets shall be closed temporarily nor shall any street right-of-way be used in such a
manner as to impede the free flow of traffic without the issuance of a permit by the city as
provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event
shall make application there for on forms fumished by the city containing such information as
the city may require including, but not limited to, the date and location of the event, the name of
the sponsoring organization, the purpose of the event, and a diagram illustrating the street or
streets to be closed and the layout of activities. The application must be submitted at least
twenty (20) working days prior to the event and must be accompanied by an application fee as
hereinafter provided to cover administrative costs.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 1, 9-20-1988)
Sec. 49-16. Issuance of permits; classification of events.
Upon the review and recommendation of the application by the city, permits may be issued for
the temporary closure of a street or streets in the following manner:
a) Neiahborhood events. For neighborhood events at which no admission is charged and
no items are sold and which require the closure of residential neighborhood streets for
less than twelve (12) continuous hours, permits may be granted by the city manager or
his designated representative. Notice of the granting of such permits shall be provided
the city council. A permit application fee of one hundred ten dollars ($110.00) is required
for such events.
b) Small events. For small events which require the closure of one (1) or more minor
streets adjacent to churches, schools, or other public institutions, not involving extensive
detouring of traffic and not requiring closure for more than twelve (12) continuous hours,
permits may be granted by the city manager or his designated representative. Notice of
the granting of such permits shall be provided the city council. For the purposes of this
section, the term "minor streets" shall mean any streets other than arterial and collector
streets as classified on the urban transportation plan. A permit application fee of two
hundred dollars ($200.00) is required for such events.
c) Lame events. For all other events, which shall be treated as large events, including,
but not limited to, events which require the closure of one (1) or more major streets or
involve more extensive detouring of traffic, permits may only be issued by the city
manager upon the approval of the city council expressed by motion. A permit application
fee of two hundred dollars ($200.00) is required for such events.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 20463, § 2, 9-20-1988; Ord. No. 027349, § 5,
7-24-2007)
Sec. 49-17. Conditions and requirements for permit.
Prior to the temporary closure of any street, the sponsor must agree to comply with the
conditions and requirements for such temporary closure imposed by the city including, but not
limited to, the following:
a) All events shall be open to the public and admission shall be free.
b) All profits derived from the event shall be used for charitable purposes.
c) Insurance policies naming the city as an additional insured shall be obtained with
minimum coverage for small events of five hundred thousand dollars ($500,000.00)ffive
hundred thousand dollars ($500,000.00)lone hundred thousand dollars ($100,000.00)
Page 6 of 8
-158-
and for large events of five hundred thousand dollars ($500,000.00)lone million dollars
($1,000,000.00)/one hundred thousand dollars ($100,000.00). Certificates evidencing
the required coverage shall be supplied the city at least five (5) days prior to the event.
d) The sponsor shall agree to indemnify and forever save harmless the city from any claims
arising from the event.
e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a
plan approved by the traffic engineer.
f) (1) Notice required under this section must be furnished and posted at least two (2)
weeks prior to the required city council meeting at which the motion to approve the
permit will be considered.
(2) Standard form of approved written notice required. The applicant/sponsor must give
written notice by using the standard approved form supplied by the traffic engineer.
(3) Required recipients of written notice.
a. The applicant or sponsor must fumish approved written notice of the proposed
temporary street closure as follows:
1. To all tenants occupying a tenant space of property abutting that portion of
the street to be dosed to vehicular traffic; and, in addition,
2. To all building managers and property managers of all multi -tenant properties
abutting that portion of the street to be closed to vehicular traffic.
3. If the property abutting that portion of the street to be closed to vehicular
traffic is vacant, approved written notice may be mailed to the property
owners last known address according to the of the Nueces County Tax
Appraisal District's records.
b. Proof of delivery. As part of the permit application process, the applicant must
show the traffic engineer proof of having furnished the written notice required
under this chapter.
c. Hand delivery. Proof of each hand delivery may be shown by providing the
signature of the recipient, along with the recipient's name, address, and contact
information.
d. Certified mail. If written notice cannot be made by hand delivery, proof may be
shown by the receipt of certified mail delivery.
(4) Posting of approved written notice required. The applicant or sponsor must post the
approved written notice on the inside of entrances to multi -tenant buildings of
properties abutting that portion of the street to be closed to vehicular traffic.
(5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's
approved written notice of the proposed temporary street closure shall include
notice of the date, time, and location of the city council meeting at which approval of
the permit is scheduled.
g) Adequate restroom facilities must be provided to accommodate the needs of the public
h) All other permits required by the state or any other public authority must be obtained by
the sponsor at least two (2) weeks prior to the event.
I) All security shall be provided by the sponsor.
j) Any construction of booths, stages, displays, electrical services and plumbing shall
comply with the relevant city codes and shall be in accordance with the layout approved
in the permit.
k) A sufficient supply of potable water shall be supplied within the event site.
1) Adequate first aid stations shall be provided by the sponsor.
m) The sponsor shall provide continuous cleaning of the site during the event and at the
conclusion of the event restore the site to the same condition it was in prior to the event.
Any damaged public property shall be restored by the sponsor upon conclusion of the
event.
Page 7 of 8
-159-
n) Vehicles shall be prohibited from parking on grass areas within the street right-of-way.
o) No paint or other markings shall be permitted which in any way obliterate or deface any
pavement markings.
p) Provision shall be made for the free passage of emergency vehicles into the event area
in case of emergency.
q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer
Days to charge an admission fee.
r) The city council by motion may authorize temporary closure of a street for producing a
historical, cultural, documentary, promotional, or other similar motion picture, or for
conducting a comparable event, which will promote the city_ in addition to the application
fee required by section 49-16, before the permit is issued the sponsor shall pay the
same occupancy charges that would be required by section 53-195 for a contractor
occupying public right-of-way during erection, construction or repair of a building. If the
city council finds that producing the motion picture or conducting the event in the city will
provide sufficient favorable publicity and economic benefits to justify waiver, the council
may waive the payment of said occupancy charges and may waive the requirements of
subsections (a) and (b) above.
In addition to the foregoing conditions and requirements, the city may require such other
conditions or requirements as are reasonably necessary to fit the particular needs of the
event in order to ensure the public safety and protect public property.
(Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11-
11-1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007)
Sec. 49-18. Reimbursement for costs of the city.
For any event requiring the temporary closure of one (1) or more streets the sponsor must
agree to either.
a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the
public expenses involved in producing the event; or
b) Pay to the city an amount equal to the actual costs and expenses incurred by the city
cleaning the site after the event and any other actual expenses of the city associated
with the event.
(Ord. No. 17651, § 1, 6-15-1983)
Sec. 49-19. Reserved.
http://www.municode.com/resources/gateway.asp?pid=l 3945&sid=43
Chapter 49 Streets and Sidewalks*
Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19
Page g of g
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STREET CLOSURE
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KINNEY SL
- SITE PLAN -
SUBJECT: TEMPORARY STREET CLOSURE Traffic Engineering Div.
DECISION HOUSE FALL FESTIVAL Engineering Services Dept.
—161—
[rem
DATE: September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P. E., Director of Engineering Services
PeteAn(a cctexas.Com 826-3781
Fred Segundo, Director of Aviation Services
Fred S()cctexas.com 289-0171 ext. 1213
AGENDA MEMORANDUM
for the City Council Meeting of:
September 27, 2011
Authorization for City Manager, or designee, to execute Change Order No.1
for Rental Car Quick Turn Around Facility at Corpus Christi International
Airport
CAPTION:
Motion authorizing the City Manager, or designee, to execute Change Order No.1 to the Construction Contractwith
Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $80,935.92 for a restated not to
exceed fee of $5,605,935.92 for the Corpus Christi International Airport Rental Car Quick Turn Around Facility for
additional concrete paving, electrical breakers, conduit circuits, electrical motor starters and pressure washers.
BACKGROUND AND FINDINGS:
The change order consists of three items.
• Item 1.a provides for additional concrete slope paving at the intersection of two drainage ditches at the
perimeter of the facility. This item was requested by the City to provide additional assurance that no
scouring would occur during heavy rainfall events. $21,786.75
• Item 1.b provides electrical breakers, water heaters, conduit and NEMA 4x electrical motor starters for
pressure washers requested by the rental car tenants. $26,109.67
• Item 1.c provides for three (3) pressure washers and personnel training requested by the rental car
tenants. $33,039.50
ALTERNATIVES:
Purchase of the items through a separate bid process after completion of the project would have resulted in an
incomplete facility that did not meet tenant needs upon occupancy. This was not deemed to a practical
alternative.
OTHER CONSIDERATIONS:
The approval of the change order provides for:
modifications to be made while the facility is under construction;
facilitates the sequence of construction; and
avoids disrupting rent car operations.
CONFORMITY TO CITY POLICY:
Approval of the change order conforms to Local Government Code and City policy requiring Council
authorization for expenditures exceeding $50,000.00.
KAEngineering DataExchange\KevinS\GEN\AIR_restored@0041mprovements\10031eGn arQTA\COIAgenda.docx
EMERGENCY/NON-EMERGENCY:
N.A.
DEPARTMENTAL CLEARANCES:
Aviation Department
Engineering Services
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
Fiscal Year: 2011-2012
Project to Date Exp.
(CIP Only)
Current
Year
Future
Years
TOTALS
Budget
6,510,500.00
6,510,500.00
Encumbered/Expended
amount as of July 31, 2011
5,811,308.00
5,811,308.00
This item
80,935.92
80,935.92
BALANCE
699,192.001
101
618,256.08
FUND(S): Aviation CFC Fund
COMMENTS:
The cost of the Change Order is primarily due to modifications requested by rental car lease firms. The cost
will be defrayed the lease car tenants through future rent payments.
RECOMMENDATION:
Approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
a. Change Order Summary
b. Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Johnny Perales, P.E., Assistant City Manager
0
K:\Engineering DataExchange\KevinS\GEN\AIR_restored\20041mprovements\1003een[CerQTA\COIAgenda.docx
CHANGE ORDER No. 1 SUMMARY
on[ract Price: $ 5,525,000.00
CHANGE ORDER
CORPUS CHRISTI INTERNATIONAL AIRPORT RENTAL CAR QUICK TURN AROUND
PROJECT:
FACILITY
CCIA PROJ NO.:
10030 (AP -135)
BID OPEN DATE:
Thursday, December 16, 2010
TABULATED BY:
Michael R. Lawrence, P.E., Associate Principal-PGAL
on[ract Price: $ 5,525,000.00
CHANGE ORDER
DESCRIPTION
BID
PROP UNIT
ADDN'TQUANT
SUBTOTAL THIS
TOTAL ALL
NEW CONTRACTPERCENT
TOTAL
NO.
ITEM
PRICE
AUTHORIZED
CHANGE ORDER
CHANGE ORDERS
PRICE
CHANGE
Additional Owner Requested Concrete Slope Paving
to
Including all labor. materials, ealthwork and equipment
WA
$21,786.75
1
$21,78675
$21,786.75
$5,546,786.75and
Contractor O&P per Buletin # 1 Proposal (Complete
and In Place).
Additional Owner Requested electrical breakers for
water hearers, condu0 raceway, branch circuits, Name
[NIT
ib
4x motor starters for pressure wahsers per 9ullegn#1
NIA
$26,109.67
1
$26,109.67
$47,896.42
$5,572,896.42
Proposal. Includes Contractor O&P (Complete and In
ace).
Provide and install additional Owner Requested Aaladin-
c
8430 Pressure wahsers (3 total) per Bulletin # 1
NIA
$33,039.50
1
$33,039.50
$80,935.92
$5,605,936.92
Proposal. Includes all training and contractor O&P
(Complete and In Place).
1
CO 1 Items Totaled
88935.92
80935.92
1 5605935.92
1 1.46%
ExhibitA
W712011 Page 1 of 1
cps
9V91ECES DAY
37
LOCATION MAP
NOT TO SCALE
W;W144*113GI1kZ17
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EEAP !-,4lE
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CLIA CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI TEXAS
CONSOLIDATED RENT A CAR DEPARTMENT OF ENGINEERING SERVICES
QUICK TURNAROUND FACILITY PAGE: 1 of 1
DATE: 09-20-2011 �^�
17
A !
AGENDA
NORTH PADRE ISLAND DEVELOPMENT CORPORATION
City Hall -- Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Tuesday, September 27, 2011
10:30 A.M.
A. President Chris Adler to call meeting to order.
B. Secretary Armando Chapa to call the roll of Corporation Directors:
Chris N. Adler, President
Nelda Martinez, Vice President
Joe Adame
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
.Mark Scott
Linda Strong
C. Approval tithe minutes of the March 22, 2011 meeting.
D. Reinvestment Zone Number Two, City Of Corpus Christi, financial report.
E. Report on status of projects with funds from Reinvestment Zone Number Two,
City Of Corpus Christi.
F. Resolution recommending adoption of an amendment to the revised Project and
Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi,
dated September 29, 2009, by the Board of Directors of Reinvestment Zone
Number Two, City of Corpus Christi and recommending approval of the plans by
the City Council; recommending adoption of the proposed Reinvestment Zone
Number Two, City Of Corpus Christi, FY 2011-2012 Budget; and authorizing the
Executive Director to expend up to $50,000 for repairs to public infrastructure
and equipment in the Packery Channel project area from funds provided to the
Corporation by Reinvestment Zone Number Two, City of Corpus Christi, from its
maintenance reserve.
G. Public Comment:
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE
BOARD OF DIRECTORS FROM RESPONDING AND DISCUSSING YOUR
COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE
FOLLOWING:
—171—
J, , i
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.
H. Adjournment
POSTING STATEMENT:
This agenda was posted on the City of Corpus Christi's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at a.m./p.m., on Thursday,
September 8, 2011.
—172—
Armando Chapa
Secretary
Page 1 of 3
RESOLUTION
RECOMMENDING ADOPTION OF AN AMENDMENT TO THE REVISED
PROJECT AND FINANCING PLANS FOR THE REINVESTMENT ZONE
NUMBER TWO, CITY OF CORPUS CHRISTI, DATED SEPTEMBER 29,
2009, BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE
NUMBER TWO, CITY OF CORPUS CHRISTI, AND RECOMMENDING
-APPROVAL OF THE PLANS BY THE CITY - COUNCIL,
RECOMMENDING ADOPTION OF THE PROPOSED REINVESTMENT
ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, FY 2011-2012
BUDGET; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXPEND UP TO $50,000 FOR NECESSARY REPAIRS TO PUBLIC
INFRASTRUCTURE AND EQUIPMENT IN THE PACKERY CHANNEL
PROJECT AREA FROM FUNDS PROVIDED TO THE CORPORATION
BY TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, CITY OF
CORPUS CHRISTI, FROM ITS MAINTENANCE RESERVE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS, NORTH PADRE ISLAND
DEVELOPMENT CORPORATION THAT:
SECTION 1. The Board of Directors of Reinvestment Zone Number Two, City of
Corpus Christi, should adopt an amendment to the revised Project and Financing Plans
for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29,
2009, which has been previously amended on 22, 2011. The amendment to the revised
Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus
Christi, dated September 29, 2009, are attached to and incorporated into this resolution
as Exhibit 1.
SECTION 2. The City Council, City of Corpus Christi, should approve the amendment
to the revised Project and Financing Plans for the Reinvestment Zone Number Two,
City of Corpus Christi, dated September 29, 2009, adopted by the Board of Directors,
Reinvestment Zone Number Two, City of Corpus Christi, on this date.
SECTION 3. The Board of Directors, Reinvestment Zone Number Two, City Of Corpus
Christi, should adopt the proposed FY 2011-2012 Budget, which is attached to and
incorporated into this resolution as Exhibit 2.
SECTION 4. The Executive Director is authorized to expend up to $50,000 without
approval of the Board of Directors on repairs to public infrastructure and equipment in
the Packery Channel project area from funds provided to the Corporation by the
General Manager of Tax Increment Reinvestment Zone Number Two, City of Corpus
Christi, from the Reinvestment Zone's maintenance reserve.
NPIDC RESOLUTION - TIRZ#2 PROJECT PLAN AMENDMENT 09062011.DOC
—173—
ATTEST:
Armando Chapa
Secretary
Page 2 of 3
NORTH PADRE ISLAND
DEVELOMENT CORPORATION
Chris N. Adler
President
NPIDC RESOLUTION - TIRZ#2 PROJECT PLAN AMENDMENTT9 62011.DOC
Page 3 of 3
Corpus Christi, Texas
day of September, 2011
The above resolution was passed by the following vote:
Chris N. Adler
Joe Adame
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Linda Strong
NPIDC RESOLUTION - TIRZ#2 PROJECT PLAN AMENDMENT 09062011.DOC
—175—
TAX INCREMENT REINVESTMENT ZONE #2
CITY OF CORPUS CHRISTI
PROJECT AND FINANCING PLANS
(Revised 09/29/2009 and Amended 03/22/2011 and 09132011)
REINVESTMENT ZONE PROJECT PLAN
This Project Plan identifies the improvements and planned expenditures that may be
funded by tax increments generated within Tax Increment Reinvestment Zone #2, City
of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this
Project Plan may be expended if the tax increments are required to fund any obligations
incurred by the North Padre Island Development Corporation prior to the date of the
adoption and approval of this Project Plan.
On March 21, 2000, the Corpus Christi City Council authorized the preparation of a
preliminary financing plan for a tax increment financing district covering portions of
North Padre Island and Mustang Island. This tax increment financing would be used
primarily to provide the local share of the North Padre Island Storm Damage Reduction
and Environmental Restoration Project ("Packery Channel project"). Then on June 27,
2000, the City Council approved the preliminary Project and Financing Plans, and
notified other taxing jurisdictions of its intention to create a tax increment reinvestment
zone. A notice of a public hearing on the creation of the zone was published on August
22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the
City Council passed the first reading of the ordinance that established TIRZ #2.
Ordinance 024270, which established TIRZ #2 was formally adopted after being passed
on the second reading on November 14, 2000.
Subsequently on October 8, 2002, the City Council approved Resolution 025040, which
established the North Padre Island Development Corporation ("NPIDC"). The NPIDC
was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing
governmental functions to promote the common good and general welfare of the City,
including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC,
TIRZ #2, and City Council authorized an agreement by and among the City of Corpus
Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North
Padre Island Development Corporation, dated February 1, 2003. This agreement
commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of
each of the parties in the administration and financing of TIRZ #2. The three entities
also recommended, authorized, and approved the Project and Financing Plans for
TIRZ #2 on February 25, 2003.
The initial Project Plan and Financing Plan basically addressed the funding of the City's
share of the North Padre Island Storm Damage Reduction and Environmental
Restoration Project. The Packery Channel project had been discussed and studied
over a number of years. The project involved the placement of sand in front of the
concrete Padre Island Seawall to restore the beach and protect the seawall. The sand
was to be taken from the dredging and channelization of a reopened Packery Channel.
The Packery Channel project also consisted of long jetties, walks, mitigation, public
Revised TIRZ#2 Project Plan Amendment 09132011.doc —176— Page 1 of 10
EXHIBIT 1
facilities, and reserve for long-term maintenance. The estimated cost of the Packery
Channel project was approximately $30 million.
The Packery Channel project was included in Section 556 of the Water Resources
Development Act of 1999. The Act also required the U. S. Army Corps of Engineers
(USACOE) to undertake two studies: (1) to determine if the project is environmentally
acceptable and (2) to determine if the project is technically sound. A relatively small
amount of money was made available by the Federal government for the studies.
The local share of the project, which was estimated at approximately $10.5 million,
could come from tax increment financing. This type of financing was authorized by a
State Constitutional Amendment. The basic theory of tax increment financing is that
"the construction of certain public improvements will generate higher tax revenues due
to additional private development." The concept of tax increment financing is "but for
the construction of the public improvements, the higher tax receipts would not occur." In
this particular case, the City believed that completion of the project would result in
significantly increased taxes through both new private investment and increases in the
existing tax values.
The preliminary financing plan that was adopted by the City Council, when it authorized
the creation of TIRZ #2, called for funding $10.5 million as the City's share of the
Packery Channel project, plus $750,000 for construction of the parking lot on the Padre
Island concrete seawall. The estimates in the preliminary financing plan were refined,
and the current Project and Financing Plans, dated February 1, 2003, estimated that
$12,000,000 in debt would be needed to complete the initial project costs. The plans
identified $3,000,000 in surplus tax increments or bonds for secondary development
improvements, which included the construction of seawall parking lot and $2,000,000
for a "parks & recreation center." A copy of the projected project costs from the 2003
plans is attached to and incorporated into this plan as Exhibit A.
Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing
existing uses and conditions of real property in the zone, and a map showing proposed
improvements to and proposed uses of that property. A map of TIRZ #2 is attached as
Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ
#2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan.
A map of the current zoning within TIRZ #2 and the surrounding area is attached as
Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ
#2 and the surrounding area based on the City Comprehensive Plan's Future Land Use
Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is
incorporated into this plan. The Island Action Group Capital Improvement Priorities
Report, dated 10/14/2005, which identifies needed capital improvements on Mustang
and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify
improvements that could be funded through the tax increments developed within
TIRZ #2.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —177— Page 2 of 10
Exhibit F is a map showing specific projects that are included in this Project Plan. That
exhibit is incorporated into this plan. All of the specific projects are situated on public
land and involve recreational use and activities.
Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed
changes of zoning ordinances, the master plan of the municipality, building codes, other
municipal ordinances, and subdivision rules and.regulations, if any, of the county, if
applicable.
While the City is in the process of adopting a unified development code that will replace
the current zoning and platting ordinances, there are no substantive changes being
recommended that would affect TIRZ #2. At the time of adoption of this Project Plan,
there are no pending cases to rezone properties within TIRZ #2. The City is considering
rezoning portions of the property that it leases from the Texas General Land Office
("GLO"). As a condition of the GLO lease, the City is required to prepare a
development plan for any commercial development on the leased property. While a
draft Packery Channel development plan has been prepared and presented to the City
Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County
Dune Committee, and City Beach Advisory Committee, for incorporation into the
Mustang Padre Island Area Development Plan, the City Council has not officially
adopted the plan, and the City is discussing features of the proposed plan with the GLO.
The City will propose rezoning to match the needs identified in the Packery Channel
development plan.
The City is working with GLO on the voter approved proposed changes to Chapter 10,
Code of Ordinances, which contains the City's GLO approved beach and dune rules.
This proposed change addresses driving on the beach seaward of the concrete Padre
Island seawall, and the installation of bollards on the beach seaward of the concrete
seawall and between the seawall and southern Packery Channel jetty. There are no
other proposed changes to the City's beach or dune permitting rules.
However, the Nueces County Beach Management Committee has recommended
approval of the changes to their beach management regulations. The Nueces County
Commissioners' Court has not approved the changes, and they have not been sent to
the GLO for public comment in Texas Register.
Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of
estimated nonproject costs. The City has been trying to obtain additional Federal
funding to cover some of the costs of the recreational enhancements within the North
Padre Island Storm Damage Reduction and Environmental Restoration Project and
repairs to storm damage from Hurricane Ike. The City will also seek grants and other
funding opportunities from the State of Texas and others to offset some of the costs
identified in this Project Plan. The level of that funding, if any, that can come from
Federal, State, or other funding sources is not known. To the extent Federal, State, or
other funding is received, the amount of tax increments that need to be dedicated to
completing these improvements will be reduced.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —178— Page 3 of 10
Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a
method of relocating persons to be displaced as a result of implementing the plan.
None of the proposed improvements should result in relocation of any person; therefore
this requirement is not applicable to the implementation of this plan.
REINVESTMENT ZONE FINANCING PLAN
Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an
Estimated Project Cost Description, and under §311.011(c)(2), it must describe the
Kind, Number, and Location of TIRZ Improvements.
Under this Project Plan and Reinvestment Zone Financing Plan, the following
improvements and activities may be funded from current available revenues:
Packery Channel Project Area Improvements:
Subject to the availability of the estimated $4,700,000 in the TIRZ #2 tax
increment fund and funding from the Federal Government as authorized
by the Water Resources Development Act, construction of the
improvements in the TIRZ#2 referendum voter information sheet and
Phase 2 -7 Packery Channel public recreational improvements and
amenities shown on the engineering drawings referred to as the Packery
Channel "Six Pack," which is incorporated into this Project Plan as Exhibit
G. The engineering cost estimate for the Phases 2 - 7 is shown in Exhibit
H. Construction of the Phase 4 ADA ramps is contingent upon approval of
the General Land Office of the installation of temporary hard parking
surfaces for parking for the disabled on the beach at the end of the ADA
ramps.
Installation and maintenance of aids to navigation along Packery Channel,
which are estimated at approximately $100,000.
Relocation of approximately 15,000 cubic yards of sand located seaward
of the northern end of the Padre Island concrete seawall to renourish the
beach in located seaward of the central and southern portions of the
seawall, which is estimated to costs approximately $69,000.
be budgeted on an annual basis.
Routine monitoring and surveys of Packery Channel and the Gulf beach
within the Packery Channel project area for shoaling, beach erosion the
condition of the jetties and shoreline revetments, and other oublic
improvements within the project area, which may be budgeted on an
annual basis.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —179— Page 4 of 10
Operation of a marine patrol to reduce shoreline erosion along Packery
Relocation and grading of sand on the beach seaward of the Padre Island
seawalls, which may be budgeted on an annual basis
Periodic renourishment of the beach seaward of the Padre Island
seawalls, which may be budgeted on annual basis.
Installation and routine maintenance of recreational amenities in the
Packery Channel project area, which may be budgeted on an annual
basis.
Establishment of a maintenance and repair reserve for the Packery
Channel ietties revetments and ancillary equipment and improvements
which may be budgeted on an annual basis.
Installation and maintenance of appropriate signage for the Packery
Channel proiect area, which may be budgeted on an annual basis
The Zone's annual budget will be adopted by the Zone's Board of
Directors on an annual basis, based upon the City of Corpus Christi's
fiscal year, and attached to this plan as Exhibit J
Improvements in other areas within TIRZ #2:
A specific list of projects will be developed in consultation with various
organizations and interested residents of North Padre Island and
businesses located within TIRZ #2. These projects may include projects
to acquire, construct, reconstruct, or install public works, facilities, or sites
or other public improvements, including landscaping, utilities, streets,
street lights, water and sewer facilities, pedestrian malls and walkways,
parks, flood and drainage facilities, or parking facilities, but not including
educational facilities.
As required by §311.011(c)(3), an updated
completed by CDS Market Research I Sp
provided in a separate document.
economic feasibility Study for TIRZ #2 was
Ilette Consulting in September 2009. It is
Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must
include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded
debt issued to fund specific projects, or the project costs may be funded on a pay-as-
you-go basis, or utilize other financing methods.
Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must
describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will
be incurred over the life of the Zone based on its Board of Directors' identification of
Revised TIRZ#2 Project Plan Amendment 09132011.doc _180— Page
1$(—
Page 5 of 10
priority activities and projects, opportunities for implementation, and available revenues
to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or
other forms of project financing.
Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must
describe the methods of financing and sources of revenue. TIRZ #2 could use several
methods of financing, including but not limited to the following:
• Cash funds generated from existing property value increment,
• Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt
service,
• Short term anticipation notes or other debt issued by private financial institutions
based on projected property tax increment to be generated from taxable
development under construction at the time of debt issuance, and
• Developer cash reimbursement agreements where the revenues from TIRZ #2
property tax increment compensate a developer for fronting eligible expenditures in
a specific taxable project after the project is completed.
The term of any debt for which debt services payments are to be funded by TIRZ #2
revenue will not extend past the duration of TIRZ #2.
The primary source of revenue for TIRZ #2 will be funds from the contributed property
tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital
District, Del Mar College, and the Farm to Market Road on the taxable property value
increment within TIRZ #2. Based on existing interlocal agreements with each taxing
jurisdiction listed above, it is currently projected that each of these entities will agree to
participate in funding TIRZ #2 with 100% of the incremental property taxes collected
over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and
0% thereafter. The assessed value base year for all participating taxing entities is 2000.
Based upon 2008 tax rates for each jurisdiction, the projection of incremental property
tax revenue contributed to TIRZ #2 is as follows:
Revised TIRZ#2 Project Plan Amendment 09132011.doc _181— Page 6 of 10
Sources of Revenue'
Tax Year
City of
Corpus
Christi
Nueces
County
Nueces
County
Hospital
District
Del Mar Jr.
College
Farm to
Market
Road
Total
2009
1,597,917
985,617
406,158
137,838
12,165
3,139,695
2010
1,273,417
786,419
324,072
-
9,709
2,393,616
2011
1,203,508
745,121
307,054
-
9,201
2,264,884
2012
1,372,033
849,855
350,213
-
10,494
2,562,595
2013
1,519,533
941,476
387,968
-
11,625
2,860,601
2014
1,645,468
1,019,647
420,181
-
12,590
3,097,886
2015
1,761,879
1,091,870
449,943
-
13,481
3,317,173
2016
2,162,313
1,340,366
552,345
-
16,549
4,071,572
2017
2,615,229
1,621,428
668,166
20,018
4,924,842
2018
3,127,882
1,939,557
799,263
23,945
5,890,647
2019
3,708,557
2,299,895
947,753
28,393
6,984,598
2020
4,366,726
2,708,317
1,116,057
33,435
8,224,535
2021
5,113,212
3,171,538
1,306,944
39,153
9,630,847
2022
5,960,390
3,697,237
1,523,577
45,642
11,226,846
Total
37,428,065 1
23,198,342
9,559,692
137,838
286,400
70,610,338
'Assumes 95% tax collection rate.
These revenue projections assume a 95% tax collection rate for all three taxing
jurisdictions. According to these projections, 53.0% of the tax increment revenues will
come from the City, 32.9% will come from the County, 13.5% will come from the County
Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the
Farm to Market Road.
Zone property tax contributions from the participating tax jurisdictions could be
supplemented with other sources of revenue as available. These could include but are
not limited to:
• Grants from other local, state, and federal agencies;
• Grants from private entities such as foundations; and
• Joint implementation and funding agreements with other public agencies or private
entities such as civic associations for specific projects.
Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must
give the current appraised value of the zone. According to the Nueces County
Appraisal District, the 2009 certified taxable appraised value for the Zone is
$356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the
County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for
Farm to Market Road. Due to outstanding property accounts under value protest, these
certified values will increase over time.
Revised TIRZ#2 Project Plan Amendment 09132011.doc -182- Page
182-
Page 7 of 10
Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must
provide an estimate of the captured appraised value for TIRZ #2 during the years of its
existence. The table on the next page provides the projected schedule of taxable value
increment captured by the zone over remainder of its duration. Due to differences in
policies regarding exemptions and tax abatements, the captured increment differs
among the participating jurisdictions. Therefore, there is a table shown for each entity.
Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must
state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire
after 2022.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —183— Page 8 of 10
Estimated Captured Appraised Value
PROJECTED ASSESSED VALUE
Tax
City of Corpus
Nueces County
Del Mar Jr.
Farm to Market
Year
Christi
Nueces County
Hos ital District
College
Road
2009
380,825,433
377,027,804
377,027,804
382,757,294
376,776,909
2010
320,245,351
317,347,217
317,347,217
321,720,450
317,163,461
2011
307,194,087
304,974,332
304,974,332
308,324,444
304,840,076
2012
338,655,659
336,353,086
336,353,086
339,828,313
336,214,560
2013
366,192,055
363,803,032
363,803,032
367,408,871
363,660,078
2014
389,702,663
387,223,386
387,223,386
390,965,597
387,075,840
2015
411,435,230
408,861,715
408,861,715
412,746,329
408,709,405
2016
486,191,313
483,312,318
483,312,318
487,658,942
483,142,951
2017
570,745,210
567,519,915
567,519,915
572,390,395
567,331,227
2018
666,451,157
662,832,970
662,832,970
668,297,914
662,622,374
2019
774,856,231
770,791,945
770,791,945
776,931,996
770,556,480
2020
897,728,294
893,157,125
893,157,125
900,064,425
892,893,404
2021
1,037,088,042
1,031,940,526
1,031,940,526
1,039,720,393
1,031,644,672
2022
1,195,245, 758
1,189,442,482
1,189,442, 482
1,198,215,334
1,189,110, 054
ASSESSED VALUE INCREMENT
Tax
City of Corpus
Nueces County
Del Mar Jr.
Farm to Market
Year
Christi
Nueces County
Hos itaI District
Colle a
Road
2009
298,311,566
295,295,463
295,295,463
300,048,697
295,195,765
2010
237,731,484
235,614,876
235,614,876
239,011,853
235,582,337
2011
224,680,220
223,241,991
223,241,991
225,615,847
223,258,932
2012
256,141,792
254,620,745
254,620,745
257,119,716
254,633,416
2013
283,678,188
282,070,691
282,070,691
284,700,274
282,078,934
2014
307,188,796
305,491,045
305,491,045
308,257,000
305,494,696
2015
328,921,363
327,129,374
327,129,374
330,037,732
327,128,261
2016
403,677,446
401,579,977
401,579,977
404,950,345
401,561,807
2017
488,231,343
485,787,574
485,787,574
489,681,798
485,750,083
2018
583,937,290
581,100,629
581,100,629
585,589,317
581,041,230
2019
692,342,364
689,059,604
689,059,604
694,223,399
688,975,336
2020
815,214,427
811,424,784
811,424,784
617,355,828
811,312,260
2021
954,574,175
950,208,185
950,208,185
957,011,796
950,063,528
2022 1
1,112, 731, 891
1,107, 710,141
1,107, 710,141 1
1,115, 506, 737
1,107,528, 910
Revised TIRZ#2 Project Plan Amendment 09132011.doc —184- Page
184 -
Page 9 of 10
LIST OF EXHIBITS
Exhibit A Packery Channel Project Costs and Funding from Project and
Financing Plans dated February 1, 2003
Exhibit B Map of TIRZ #2
Exhibit C Current land use map
Exhibit D Current zoning map
Exhibit E Future land use map
Exhibit F Project Plan Map (revised 03172011)
Exhibit G "Six Pack" engineering drawings
Exhibit H "Six Pack" engineering cost estimates (revised 03172011)
Exhibit I Seawall Sand Movement & Relocation Project drawing
Exhibit J Annual Budgets
Revised TIRZ#2 Project Plan Amendment 09132011.doc —185— Page 10 of 10
REINVESTMENT ZONE NO.2 FUND (1111)
REVENUE DETAIL
NUMBER DESCRIPTION COUNT ACTUALS I 2009- 010 I U2 10-2 ITED 111 I P2011--20SED
12
Unreserved
Bond Reserve
Dredging Reserve
Maintenance Reserve
BEGINNING BALANCE
OPERATING REVENUE
Taxes
RIVZ#2 property taxes
Total Taxes
TOTAL OPERATING REVENUE
NON-OPERATING REVENUE
Interest Income
340900 Interest on investments
Total Interest Income
TOTAL NON-OPERATING REVENUE
5,357,092 5,458,697 3,167,505
1,500,000 1,500,000 1,500,000
1,400,000 1,400,000
0 _0 0
6,857,092 8,358,697 6,067,505
3,357,599
2,803,582
3,101,488
3,357,599
2,803,582
3,101,488
3,357,599
2,803,582
3,101,488
29 3,167 18,077
29 3,167 18,077
29 3,167 18,077
TOTAL REVENUE & INTERFUND CONTRIB 3,357,628 2,806,749 3,119,565
TOTAL FUNDS AVAILABLE
�=
cvui0rr 1)
10,214,720 11,165,446 9,187,070
REINVESTMENT ZONE NO.2 FUND (1111)
XPENDITURE DETAIL BY ORGANIZATION
ORG
I ORGANIZATION
ACTUALS
I UNAUDITED
PROPOSED
NUMBER
NAME
2009-2010
2010-2011
2011-2012
Departmental Expenditures
12960 Packery Patrol Operations
14800 Packery Channel
Operating Transfers Out (To Fund 3278)
Phase 3 of "Six Pack"
Dredging Contract
Monitoring
Total Departmental Expenditures
Non -Departmental Expenditures
55000 Principal retired
55010 Interest
55040 Paying agent fees
Total Non -Departmental Expenditures
TOTAL REINVESTMENT ZONE NO.2 (1111)
DREDGING RESERVE
MAINTENANCE RESERVE
UNRESERVED
CLOSING BALANCE
-187-
134,829
120,475
190,000
945,902
3,820,107
53,911
0
0
200,000
0
0
1,900,000
0
0
293,400
1,080,731
3,940,582
2,637,311
175,000
575,000
670,000
593,662
576,789
548,775
6,630
5,570
8,300
775,292
1,157,359
1,227,075
1,856,023 5,097,941 3,864,386
1,500,000 1,500,000 1,500,000
1,400,000 1,400,000 2,000,000
0 0 500,000
5,458,697 3,167,505 1,322,684
8,358,697 6,067,505 5,322,684
lulbo
AGENDA
REINVESTMENT ZONE NUMBER TWO
CITY OF CORPUS CHRISTI
City Hall -- Council Chambers
1201 Leopard Street
Corpus Christi, Texas 78401
Tuesday, September 27, 2011
11:00 A.M.
A. Chairman/President Loyd Neal to call meeting to order.
B. Secretary Armando Chapa to call the roll of Reinvestment Zone Board of
Directors:
_ Samuel L. Neal, Jr. (Nueces County), Chairman/President
Joe Adame (City of Corpus Christi)
_ Chris N. Adler (City of Corpus Christi)
_ Larry R. Elizondo, Sr. (City of Corpus Christi)
Cal Jennings (Nueces County Hospital District)
Kevin Kieschnick (City of Corpus Christi)
_ John LaRue (Port of Corpus Christi Authority)
_ Priscilla Leal (City of Corpus Christi)
_ John E. Marez (City of Corpus Christi)
_ Nelda Martinez (City of Corpus Christi)
_ Richard Pittman (Flour Bluff Independent School District)
_ Gabriel Rivas (Del Mar College)
_ Mark Scott (City of Corpus Christi)
_ Linda Strong (City of Corpus Christi)
C. Approval of the minutes of the March 22, 2011 meeting.
D. Reinvestment Zone Number Two, City Of Corpus Christi, financial report.
E. Report on status of projects with funds from Reinvestment Zone Number Two,
City Of Corpus Christi.
Resolution adopting an amendment to the revised Project and Financing Plans
for Reinvestment Zone Number Two, City of Corpus Christi, dated September
29, 2009, as recommended by the Board of Directors, North Padre Island
Development Corporation and recommending approval of the plans by the City
Council; adopting the Reinvestment Zone Number Two, City Of Corpus Christi,
FY 2011-2012 Budget; and authorizing the General Manager to determine
whether expenditures of the Zone's funds should be handled by the City of
Corpus Christi or North Padre Island Development Corporation.
—191—
G. Public Comment:
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE
BOARD OF DIRECTORS FROM RESPONDING AND DISCUSSING YOUR
COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE
FOLLOWING:
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.
H. Adjournment
POSTING STATEMENT:
This agenda was posted on the City of Corpus Christi's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at a.m./p.m., on Thursday,
September 8, 2011.
Armando Chapa
Secretary
—192—
Page 1 of 2
RESOLUTION
ADOPTING AN AMENDMENT TO THE REVISED PROJECT AND
FINANCING PLANS FOR REINVESTMENT ZONE NUMBER TWO, CITY
OF CORPUS CHRISTI, DATED SEPTEMBER 29, 2009, AS
RECOMMENDED BY THE BOARD OF DIRECTORS, NORTH PADRE
ISLAND DEVELOPMENT CORPORATION AND RECOMMENDING
APPROVAL OF THE PLANS BY THE CITY COUNCIL; ADOPTING THE
REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI,
FY 2011-2012 BUDGET; AND AUTHORIZING THE GENERAL
MANAGER TO DETERMINE WHETHER EXPENDITURES OF THE
ZONE'S FUNDS SHOULD BE HANDLED BY THE CITY OF CORPUS
CHRISTI OR NORTH PADRE ISLAND DEVELOPMENT
CORPORATION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS, REINVESTMENT ZONE
NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The amendment to the revised Project and Financing Plans for the
Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009,
which has been previously amended on March 22, 2011, as recommended by the
Board of Directors, North Padre Island Development Corporation, are adopted. The
amendment to the revised Project and Financing Plans for the Reinvestment Zone
Number Two, City of Corpus Christi, dated September 29, 2009, are attached to and
incorporated into this resolution as Exhibit 1.
SECTION 2. The Board of Directors recommends approval of the amendment to the
revised Project and Financing Plans for the Reinvestment Zone Number Two, City of
Corpus Christi, dated September 29, 2009, by the City Council.
SECTION 3. The Board of Directors, Reinvestment Zone Number Two, City Of Corpus
Christi, adopts the Reinvestment Zone Number Two, City of Corpus Christi, FY 2011-
2012 Budget, which is attached to and incorporated into this resolution as Exhibit 2.
SECTION 4. The General Manager is authorized to determine whether expenditures of
the Reinvestment Zone's funds should be handled by the City of Corpus Christi or the
North Padre Island Development Corporation. In making the determination, the General
Manager should consider whether projects could be expedited or cost less if handled by
the corporation.
ATTEST:
Armando Chapa
Secretary
REINVESTMENT ZONE NUMBER TWO
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
President
TIRZ #2 RESOLUTION - TIRZ#2 PROJECT PLAN AMENDMENT 09062011.DOC
-193-
Page 2 of 2
Corpus Christi, Texas
day of September, 2011
The above resolution was passed by the following vote:
Samuel L. Neal, Jr
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Cal Jennings
Kevin Kieschnick
John LaRue
Priscilla Leal
John E. Marez
Nelda Martinez
Richard Pittman
Gabriel Rivas
Mark Scott
Linda Strong
TIRZ #2 RESOLUTION - TIRZ#2 PROJECT PLAN AMENDMENTfiO0 2011.DOC
TAX INCREMENT REINVESTMENT ZONE #2
CITY OF CORPUS CHRISTI
PROJECT AND FINANCING PLANS
(Revised 09/29/2009 and Amended 03/22/2011 and 09132011)
REINVESTMENT ZONE PROJECT PLAN
This Project Plan identifies the improvements and planned expenditures that may be
funded by tax increments generated within Tax Increment Reinvestment Zone #2, City
of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this
Project Plan may be expended if the tax increments are required to fund any obligations
incurred by the North Padre Island Development Corporation prior to the date of the
adoption and approval of this Project Plan.
On March 21, 2000, the Corpus Christi City Council authorized the preparation of a
preliminary financing plan for a tax increment financing district covering portions of
North Padre Island and Mustang Island. This tax increment financing would be used
primarily to provide the local share of the North Padre Island Storm Damage Reduction
and Environmental Restoration Project ("Packery Channel project"). Then on June 27,
2000, the City Council approved the preliminary Project and Financing Plans, and
notified other taxing jurisdictions of its intention to create a tax increment reinvestment
zone. A notice of a public hearing on the creation of the zone was published on August
22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the
City Council passed the first reading of the ordinance that established TIRZ #2.
Ordinance 024270, which established TIRZ #2 was formally adopted after being passed
on the second reading on November 14, 2000.
Subsequently on October 8, 2002, the City Council approved Resolution 025040, which
established the North Padre Island Development Corporation ("NPIDC"). The NPIDC
was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing
governmental functions to promote the common good and general welfare of the City,
including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC,
TIRZ #2, and City Council authorized an agreement by and among the City of Corpus
Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North
Padre Island Development Corporation, dated February 1, 2003. This agreement
commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of
each of the parties in the administration and financing of TIRZ #2. The three entities
also recommended, authorized, and approved the Project and Financing Plans for
TIRZ #2 on February 25, 2003.
The initial Project Plan and Financing Plan basically addressed the funding of the City's
share of the North Padre Island Storm Damage Reduction and Environmental
Restoration Project. The Packery Channel project had been discussed and studied
over a number of years. The project involved the placement of sand in front of the
concrete Padre Island Seawall to restore the beach and protect the seawall. The sand
was to be taken from the dredging and channelization of a reopened Packery Channel.
The Packery Channel project also consisted of long jetties, walks, mitigation, public
Revised TIRZ#2 Project Plan Amendment 09132011.doc —195— Page 1 of 10
rVl jl 11 4
facilities, and reserve for long-term maintenance. The estimated cost of the Packery
Channel project was approximately $30 million.
The Packery Channel project was included in Section 556 of the Water Resources
Development Act of 1999. The Act also required the U. S. Army Corps of Engineers
(USACOE) to undertake two studies: (1) to determine if the project is environmentally
acceptable and (2) to determine if the project is technically sound. A relatively small
amount of money was made available by the Federal government for the studies.
The local share of the project, which was estimated at approximately $10.5 million,
could come from tax increment financing. This type of financing was authorized by a
State Constitutional Amendment. The basic theory of tax increment financing is that
"the construction of certain public improvements will generate higher tax revenues due
to additional private development." The concept of tax increment financing is "but for
the construction of the public improvements, the higher tax receipts would not occur." In
this particular case, the City believed that completion of the project would result in
significantly increased taxes through both new private investment and increases in the
existing tax values.
The preliminary financing plan that was adopted by the City Council, when it authorized
the creation of TIRZ #2, called for funding $10.5 million as the City's share of the
Packery Channel project, plus $750,000 for construction of the parking lot on the Padre
Island concrete seawall. The estimates in the preliminary financing plan were refined,
and the current Project and Financing Plans, dated February 1, 2003, estimated that
$12,000,000 in debt would be needed to complete the initial project costs. The plans
identified $3,000,000 in surplus tax increments or bonds for secondary development
improvements, which included the construction of seawall parking lot and $2,000,000
for a "parks & recreation center." A copy of the projected project costs from the 2003
plans is attached to and incorporated into this plan as Exhibit A.
Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing
existing uses and conditions of real property in the zone, and a map showing proposed
improvements to and proposed uses of that property. A map of TIRZ #2 is attached as _
Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ
#2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan.
A map of the current zoning within TIRZ #2 and the surrounding area is attached as
Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ
#2 and the surrounding area based on the City Comprehensive Plan's Future Land Use
Plan, adopted May 24, 2004 (Ordinance 026276), is attached as Exhibit E, and is
incorporated into this plan. The Island Action Group Capital Improvement Priorities
Report, dated 10/14/2005, which identifies needed capital improvements on Mustang
and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify
improvements that could be funded through the tax increments developed within
TIRZ #2.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —196— Page 2 of 10
Exhibit F is a map showing specific projects that are included in this Project Plan. That
exhibit is incorporated into this plan. All of the specific projects are situated on public
land and involve recreational use and activities.
Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed
changes of zoning ordinances, the master plan of the municipality, building codes, other
municipal ordinances, and subdivision rules and regulations, if any, of the county, if
applicable.
While the City is in the process of adopting a unified development code that will replace
the current zoning and platting ordinances, there are no substantive changes being
recommended that would affect TIRZ #2. At the time of adoption of this Project Plan,
there are no pending cases to rezone properties within TIRZ #2. The City is considering
rezoning portions of the property that it leases from the Texas General Land Office
("GLO"). As a condition of the GLO lease, the City is required to prepare a
development plan for any commercial development on the leased property. While a
draft Packery Channel development plan has been prepared and presented to the City
Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County
Dune Committee, and City Beach Advisory Committee, for incorporation into the
Mustang Padre Island Area Development Plan, the City Council has not officially
adopted the plan, and the City is discussing features of the proposed plan with the GLO.
The City will propose rezoning to match the needs identified in the Packery Channel
development plan.
The City is working with GLO on the voter approved proposed changes to Chapter 10,
Code of Ordinances, which contains the City's GLO approved beach and dune rules.
This proposed change addresses driving on the beach seaward of the concrete Padre
Island seawall, and the installation of bollards on the beach seaward of the concrete
seawall and between the seawall and southern Packery Channel jetty. There are no
other proposed changes to the City's beach or dune permitting rules.
However, the Nueces County Beach Management Committee has recommended
approval of the changes to their beach management regulations. The Nueces County
Commissioners' Court has not approved the changes, and they have not been sent to
the GLO for public comment in Texas Register.
Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of
estimated nonproject costs. The City has been trying to obtain additional Federal
funding to cover some of the costs of the recreational enhancements within the North
Padre Island Storm Damage Reduction and Environmental Restoration Project and
repairs to storm damage from Hurricane Ike. The City will also seek grants and other
funding opportunities from the State of Texas and others to offset some of the costs
identified in this Project Plan. The level of that funding, if any, that can come from
Federal, State, or other funding sources is not known. To the extent Federal, State, or
other funding is received, the amount of tax increments that need to be dedicated to
completing these improvements will be reduced.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —197—
Page 3 of 10
Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a
method of relocating persons to be displaced as a result of implementing the plan.
None of the proposed improvements should result in relocation of any person; therefore
this requirement is not applicable to the implementation of this plan.
REINVESTMENT ZONE FINANCING PLAN
Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an
Estimated Project Cost Description, and under §311.011(c)(2), it must describe the
Kind, Number, and Location of TIRZ Improvements.
Under this Project Plan and Reinvestment Zone Financing Plan, the following
improvements and activities may be funded from current available revenues:
Packery Channel Project Area Improvements:
Subject to the availability of the estimated $4,700,000 in the TIRZ #2 tax
increment fund and funding from the Federal Government as authorized
by the Water Resources Development Act, construction of the
improvements in the TIRZ#2 referendum voter information sheet and
Phase 2 -7 Packery Channel public recreational improvements and
amenities shown on the engineering drawings referred to as the Packery
Channel "Six Pack," which is incorporated into this Project Plan as Exhibit
G. The engineering cost estimate for the Phases 2 — 7 is shown in Exhibit
H. Construction of the Phase 4 ADA ramps is contingent upon approval of
the General Land Office of the installation of temporary hard parking
surfaces for parking for the disabled on the beach at the end of the ADA
ramps.
Installation and maintenance of aids to navigation along Packery Channel,
which are estimated at approximately $100,000.
Relocation of approximately 15,000 cubic yards of sand located seaward
of the northern end of the Padre Island concrete seawall to renourish the
beach in located seaward of the central and southern portions of the
seawall, which is estimated to costs approximately $69,000.
be budgeted on an annual basis.
Routine monitoring and surveys of Packery Channel and the Gulf beach
within the Packery Channel project area for shoaling beach erosion the
condition of the jetties and shoreline revetments and other public
improvements within the project area, which may be budgeted on an
annual basis.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —198— Page 4 of 10
Operation of a marine Patrol to reduce shoreline erosion along Packery
_Relocation and grading of sand on the beach seaward of the Padre Island
seawalls, which may be budgeted on an annual basis
Periodic renourishment of the beach seaward of the Padre Island
seawalls, which may be budgeted on annual basis
Installation and routine maintenance of recreational amenities in the
Packery Channel Project area, which may be budgeted on an annual
basis.
Establishment of a maintenance and repair reserve for the Packery
Channel ietties revetments and ancillary equipment and improvements
which may be budgeted on an annual basis.
fiscal year, and attached to this Plan as Exhibit J
Improvements in other areas within TIRZ #2:
A specific list of projects will be developed in consultation with various
organizations and interested residents of North Padre Island and
businesses located within TIRZ #2. These projects may include projects
to acquire, construct, reconstruct, or install public works, facilities, or sites
or other public improvements, including landscaping, utilities, streets,
street lights, water and sewer facilities, pedestrian malls and walkways,
parks, flood and drainage facilities, or parking facilities, but not including
educational facilities.
As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was
completed by CDS Market Research I Spillette Consulting in September 2009. It is
provided in a separate document.
Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must
include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded
debt issued to fund specific projects, or the project costs may be funded on a pay-as-
you-go basis, or utilize other financing methods.
Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must
describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will
be incurred over the life of the Zone based on its Board of Directors' identification of
Revised TIRZ#2 Project Plan Amendment 09132011.doc _199— Page 5 of 10
priority activities and projects, opportunities for implementation, and available revenues
to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or
other forms of project financing.
Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must
describe the methods of financing and sources of revenue. TIRZ #2 could use several
methods of financing, including but not limited to the following:
• Cash funds generated from existing property value increment,
• Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt
service,
• Short term anticipation notes or other debt issued by private financial institutions
based on projected property tax increment to be generated from taxable
development under construction at the time of debt issuance, and
• Developer cash reimbursement agreements where the revenues from TIRZ #2
property tax increment compensate a developer for fronting eligible expenditures in
a specific taxable project after the project is completed.
The term of any debt for which debt services payments are to be funded by TIRZ #2
revenue will not extend past the duration of TIRZ #2.
The primary source of revenue for TIRZ #2 will be funds from the contributed property
tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital
District, Del Mar College, and the Farm to Market Road on the taxable property value
increment within TIRZ #2. Based on existing interlocal agreements with each taxing
jurisdiction listed above, it is currently projected that each of these entities will agree to
participate in funding TIRZ #2 with 100% of the incremental property taxes collected
over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and
0% thereafter. The assessed value base year for all participating taxing entities is 2000.
Based upon 2008 tax rates for each jurisdiction, the projection of incremental property
tax revenue contributed to TIRZ #2 is as follows:
Revised TIRZ#2 Project Plan Amendment 09132011.doc —200— Page 6 of 10
Sources of Revenue'
Tax Year
City of
Corpus
Christi
Nueces
CountV
Nueces
County
Hospital
District
Del Mar Jr.
College
Farm to
Market
Road
Total
2009
1,597,917
985,617
406,156
137,838
12,165
3,139,695
2010
1,273,417
786,419
324,072
9,709
2,393,616
2011
1,203,508
745,121
307,054
9,201
2,264,884
2012
1,372,033
849,855
350,213
-
10,494
2,582,595
2013
1,519,533
941,476
387,968
-
11,625
2,860,601
2014
1,645,466
1,019,647
420,181
-
12,590
3,097,886
2015
1,761,879
1,091,870
449,943
13,481
3,317,173
2016
2,162,313
1,340,366
552,345
-
16,549
4,071,572
2017
2,615,229
1,621,428
668,166
-
20,018
4,924,842
2018
3,127,882
1,939,557
799,263
-
23,945
5,890,647
2019
3,708,557
2,299,695
947,753
-
28,393
6,984,598
2020
4,366,726
2,708,317
1,116,057
-
33,435
8,224,535
2021
5,113,212
3,171,538
1,306,944
39,153
9,630,847
2022
5,960,390
3,697,237
1,523,577
-
45,642
11,226,846
Total
37,426,065 1
23,198,342
9,559,692
137,838
286,400
70,610,338
1 Assumes 95% tax collection rate.
These revenue projections assume a 95% tax collection rate for all three taxing
jurisdictions. According to these projections, 53.0% of the tax increment revenues will
come from the City, 32.9% will come from the County, 13.5% will come from the County
Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the
Farm to Market Road.
Zone property tax contributions from the participating tax jurisdictions could be
supplemented with other sources of revenue as available. These could include but are
not limited to:
• Grants from other local, state, and federal agencies;
• Grants from private entities such as foundations; and
• Joint implementation and funding agreements with other public agencies or private
entities such as civic associations for specific projects.
Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must
give the current appraised value of the zone. According to the Nueces County
Appraisal District, the 2009 certified taxable appraised value for the Zone is
$356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the
County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for
Farm to Market Road. Due to outstanding property accounts under value protest, these
certified values will increase over time.
Revised TIRZ#2 Project Plan Amendment 09132011.doc -201-
Page 7 of 10
Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must
provide an estimate of the captured appraised value for TIRZ #2 during the years of its
existence. The table on the next page provides the projected schedule of taxable value
increment captured by the zone over remainder of its duration. Due to differences in
policies regarding exemptions and tax abatements, the captured increment differs
among the participating jurisdictions. Therefore, there is a table shown for each entity.
Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must
state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire
after 2022.
Revised TIRZ#2 Project Plan Amendment 09132011.doc —202— Page 8 of 10
Estimated Captured Appraised Value
PROJECTED ASSESSED VALUE
Tax
City of Corpus
Nueces County
Del Mar Jr.
Farm to Market
Year
Christi
Nueces County
Hospital District
College
Road
2009
380,825,433
377,027,804
377,027,804
382,757,294
376,776,909
2010
320,245,351
317,347,217
317,347,217
321,720,450
317,163,481
2011
307,194,087
304,974,332
304,974,332
308,324,444
304,840,076
2012
336,655,659
336,353,086
336,353,086
339,828,313
336,214,560
2013
366,192,055
363,803,032
363,803,032
367,408,871
363,660,078
2014
389,702,663
387,223,386
387,223,386
390,965,597
387,075,840
2015
411,435,230
408,861,715
408,861,715
412,746,329
408,709,405
2016
486,191,313
483,312,316
483,312,318
487,658,942
483,142,951
2017
570,745,210
567,519,915
567,519,915
572,390,395
567,331,227
2018
666,451,157
662,832,970
662,832,970
668,297,914
662,622,374
2019
774,856,231
770,791,945
770,791,945
776,931,996
770,556,480
2020
697,728,294
893,157,125
893,157,125
900,064,425
892,893,404
2021
1,037,088,042
1,031,940,526
1,031,940,526
1,039,720,393
1,031,644,672
2022
1,195,245, 758
1,189,442,482
1,189,442,482
1,198,215,334
1,189,110,054
ASSESSED VALUE INCREMENT
Tax
City of Corpus
Nueces County
Del Mar Jr.
Farm to Market
Year
Christi
Nueces County
Hospital District
College
Road
2009
298,311,566
295,295,463
295,295,463
300,048,697
295,195,765
2010
237,731,484
235,614,876
235,614,876
239,011,853
235,582,337
2011
224,680,220
223,241,991
223,241,991
225,615,647
223,258,932
2012
256,141,792
254,620,745
254,620,745
257,119,716
254,633,416
2013
283,678,188
282,070,691
282,070,691
284,700,274
282,078,934
2014
307,188,796
305,491,045
305,491,045
308,257,000
305,494,696
2015
328,921,363
327,129,374
327,129,374
330,037,732
327,128,261
2016
403,677,446
401,579,977
401,579,977
404,950,345
401,561,807
2017
488,231,343
485,787,574
485,787,574
489,681,798
485,750,063
2018
583,937,290
581,100,629
581,100,629
585,589,317
581,041,230
2019
692,342,364
689,059,604
689,059,604
694,223,399
668,975,336
2020
815,214,427
811,424,784
811,424,784
817,355,828
811,312,260
2021
954,574,175
950,208,185
950,208,185
957,011,796
950,063,528
2022
1,112,731,891
1,107,710,141
1,107,710,141 1
1,115,506,737
1,107,528,910
Revised TIRZ#2 Project Plan Amendment 09132011.doc —203— Page 9 Of 10
LIST OF EXHIBITS
Exhibit A Packery Channel Project Costs and Funding from Project and
Financing Plans dated February 1, 2003
Exhibit B Map of TIRZ #2
Exhibit C Current land use map
Exhibit D Current zoning map
Exhibit E Future land use map
Exhibit F Project Plan Map (revised 03172011)
Exhibit G "Six Pack" engineering drawings
Exhibit H "Six Pack" engineering cost estimates (revised 03172011)
Exhibit I Seawall Sand Movement & Relocation Project drawing
Exhibit J Annual Budgets
Revised TIRZ#2 Project Plan Amendment 09132011.doc —204— Page 10 of 10
REINVESTMENT ZONE NO.2 FUND (1111)
REVENUE DETAIL
ACCOUNT
ACCOUNT
ACTUALS
UNAUD=PROP08,BDNUMBER
DESCRIPTION
2009-2010
2010-2
11,165,446
Unreserved
Bond Reserve
Dredging Reserve
Maintenance Reserve
BEGINNING BALANCE
OPERATING REVENUE
Taxes
RIVZ#2 properrytaxes
Total Taxes
TOTAL OPERATING REVENUE
NON-OPERATING REVENUE
5,357,092 5,458,697 3,167,505
1,500,000 1,500,000 1,500,000
1,400,000 1,400,000
0 0 0
6,857,092 8,358,697 6,067 505
3,357,599 2,803,582 3,101488
3,357,599 2,803,582 3,101,488
3,357,599 2,803,582 3,101,488
Interest Income
340900 Interest on investments 29 3,167 18,077
Total interest Income 29 3,167 1$077
TOTAL NON-OPERATING REVENUE
29 3,167 18,077
TOTAL REVENUE & INTER.FUND CONTRIB
3,357,628
2,806,749
3,119 565
TOTAL FUNDS AVAILABLE
10,214,720
11,165,446
9,187070
-205-
EXHIBIT 2
REINVESTMENT ZONE NO.2 FUND (1111)
EXPENDITURE DETAIL BY ORGANIZATION
ORG
NUMBER
I ORGANIZATION
NAME
ACTUALS
2009-2010
UNAUDITED
2010-2011
PROPOSED
2011-2012
12960
-206-
Departmental Expenditures
12960
Packery Patrol Operations
134,829
120,475
190,000
14800
PackeryChannel
945,902
3,820,107
53,911
Operating Transfers Out (To Fund 3278)
Phase 3 of "Six Pack"
0
0
200,000
Dredging Contract
0
0
1,900,000
Monitoring
0
0
293,400
Total Departmental Expenditures
1,080,731
3,940,582
2,637,311
Non -Departmental Expenditures
55000
Principal retired
175,000
575,000
670,000
55010
Interest
593,662
576,789
548,775
55040
Paying agent fees
6,630
5,570
8,300
Total Non -Departmental Expenditures
775,292
1,157,359
1,227,075
TOTAL REINVESTMENT ZONE NO.2 (1111)
1,856,023
5,097,941
3,864,386
BOND RESERVE
1,500,000
1,500,000
1,500,000
DREDGING RESERVE
1,400,000
1,400,000
2,000,000
MAINTENANCE RESERVE
0
0
500,000
UNRESERVED
5,458,697
3,167,505
1,322,684
CLOSING BALANCE
8,358,697
6,067,505
5,322,684
-206-
lice
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
DATE:
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services i
petean(acctexas.com, (361) 826-3781
Michael Morris, Director of Parks and Recreation 7%]m
michaelmo(cDcctexas.com, (361) 826-3464
Multiple issues relating to Packery Channel:
A. Ordinance approving revised Project and Financing Plans
B. Ordinance appropriating and transferring $1,393,400 for approved projects
C. Ordinance changing the three year revenue and expenditure projection for
Reinvestment Zone No. 2 Fund
D. Award of Construction Contract: Packery Channel Dredging and Beach
Nourishment
Award of Monitoring Contract: Packery Channel Quarterly Monitoring for
2011 —2012.
CAPTION:
A. Ordinance approving an amendment to the revised Project and Financing Plans for the
Reinvestment Zone Number Two, City of Corpus Christi; approving the grant of authority
to the Zone's General Manager to decide whether the expenditure of the Zone's funds
should be handled by the City of Corpus Christi or the North Padre Island Development
Corporation; authorizing the City Manager to expend less than $50,000 on repairs to
public infrastructure and equipment in the Packery Channel project area with funds from
the Zone's Maintenance Reserve; providing for severance; providing for publication; and
declaring an emergency.
B. Ordinance approving the appropriation and transfer of money from the No. 1111
Reinvestment Zone No. 2 Fund to the No. 3278 Packery Channel Projects TIF #2 Fund
for Packery Channel projects; making conforming changes to the Three Year Revenue
and Expenditure Projection for Reinvestment Zone No, 2 Fund in the FY 2011-2012
Budget; and declaring an emergency.
C. Ordinance changing the Three Year Revenue and Expenditure Projection for
Reinvestment Zone No. 2 Fund in the FY 2011-2012 Budget; authorizing the City
Manager to expend funds from the Maintenance Reserve for necessary repairs within
the Packery Channel project area; and declaring an emergency
D. Motion authorizing the City Manager, or designee, to execute a construction contract
with Apollo Environmental Strategies of Beaumont, Texas in the amount of $1,757,655
for the Packery Channel Dredging and Beach Nourishment for the Base Bid plus
Additive Alternate No. 1.
—209—
E. Motion authorizing the City Manager, or designee, to execute Amendment No. 6 to the
contract between the City and Texas A & M University — Corpus Christi (Division of
Nearshore Research) in the amount of $293,400 for a restated not to exceed amount of
$1,233,639 for Packery Channel Quarterly Monitoring for 2011 — 2012.
BACKGROUND AND FINDINGS:
On Tuesday, September 6, 2011, City Staff appeared before the Island Strategic Action Committee
(ISAC) for several issues including amending the TIRZ #2 Project and Financing Plans to add several
authorized projects and for their recommendation on the Packery Channel Dredging and Beach
Nourishment project and the Packery Channel Quarterly Monitoring Contract. After staff's presentation,
ISAC voted to recommend the Amendment to the TIRZ #2 Project and Financing Plans and the two
Packery Channel contracts as presented. (See Attachment 8)
Packery Channel Dredging and Beach Nourishment aroiect:
This project supports the City's commitment of maintaining a navigable waterway within Packery
Channel. The project consists of dredging approximately 264,300 cubic yards of beach quality material
from within Packery Channel and placement of the dredged material as beach nourishment along the
Gulf shoreline to the south of Packery Channel, generally between the south end of Holiday Inn and
Viento Del Mar (approximately 1.4 miles)
Additive Alternate 1 consists of hydraulic or mechanical dredging approximately 4,000 cubic yards of
additional sand material located within the channel, upstream of the State Highway 361 bridge. This will
remove isolated accumulations of material. Additive Alternate 2 includes redistribution and truck hauling
of 15,000 cubic yards of sand from the north to the south end of the N. Padre Island Seawall.
On July 20, 2011, the City received proposals from seven (7) bidders and the lowest three bidders and
their respective bids are as follows:
Contractor
Base Bid
Additive Alternate 1
Additive Alternate 2
Apollo Environmental Strategies,
Inc., Beaumont, TX
$1,745,655
$12,000
$41,250
Callan Marine, Galveston, TX
$2,493,643
$75,800
$97,950
Great Lakes Dredge & Dock,
Burlington, IA
$2,518,233
$88,400
$75,000
ALTERNATIVES:
The following alternatives were considered:
1. Award Base Bid only for $1,745,655 (Apollo Environmental Strategies, Inc)
2. Award Base Bid plus Additive Alternative No. 1 for a total of $1,757,655.00 (Apollo Environmental
Strategies, Inc)
3. Award Base Bid plus Additive Alternative No. 1 plus Additive Alternative No. 2 for a total of
$1,798,905.00 (Apollo Environmental Strategies, Inc)
-210-
OTHER CONSIDERATIONS:
Notice to proceed with construction will be pending the results of the updated September quarterly
monitoring of sediment transport within Packery Channel, conducted by Texas A&M University of
Corpus Christi.
Additive Alternate No. 2 includes redistribution of approximately 15,000 cubic yards of sand from the
north end of the seawall to the south end of the seawall. In April of 2011, similar work was completed
under a separate project. If during this project construction site conditions warrant that there is a need
to redistribute additional sand from the north end of the seawall, the scope of this project can be
adjusted accordingly via change order.
Awarding the Base Bid plus Additive Alternative No. 1 fall within the project construction budget and
were recommended to be the best value for the City.
Packery Channel Quarterly Monitoring Contract:
Packery Channel monitoring began in 2003 by Texas A&M University — Corpus Christi (TAMUCC)
Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the
U.S. Army Corps of Engineers (USACOE), Galveston District. USACOE ceased monitoring efforts in
2007. The City assumed sponsorship of monitoring in 2008, and contracted with DNR to continue
monitoring.
CONTRACT:
The monitoring effort to be undertaken through Contract Amendment No. 6 is a continuation of a
comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume
at Packery Channel. The frequency of bathymetric monitoring is reduced in 2010-2011 to three times
per year based on prior data results, and to reduce monitoring cost. Amendment No. 6 also reduces
the summer environmental monitoring to emphasize channel shoal formation and further reduce
monitoring cost. The monitoring program was presented to the Island Strategic Action Committee
(ISAC). All questions asked by ISAC were answered and the attendees seemed satisfied with the
purpose and scope of the new contract. The Committee did not request any additional information.
The monitoring program includes:
Project Management;
Aerial Photography;
Beach Profile surveys;
• Shoreline Position surveys;
• Surveys of channel and nearshore depth and morphology (bottom features);
• Inland Channel Segment and Mollie Beattie Coastal Habitat Community; and
• Event/Storm and Dredge/Environmental Support Surveys,
A contract summary is attached.
ALTERNATIVES:
1. Award the contract as recommended.
2. Cease Monitoring.
CONFORMITY TO CITY POLICY:
This item conforms to City Policy for Resolution and Ordinance approval process, State statues for
public bid and award methods and city policy and the Professional Procurement Act and City policy.
-211-
EMERGENCY/NON-EMERGENCY:
This item is being approved under an emergency so the dredging project may begin immediately due to
construction sequencing needing to coordinate with turtle nesting and the project needing to be
completed prior to spring break.
DEPARTMENTAL CLEARANCES:
Engineering Services
Park & Recreation
Legal Department
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense X Revenue X CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures CIP
Current Year
Future Years
TOTALS
Budget
328,945
2,051,055
2,380,000
Encumbered /
Expended Amount
328,945
This item
2,051,055
2,380,000
BALANCE
1 0
0
0
RECOMMENDATION:
City staff, HDR Engineering and the Island Strategic Action Committee recommends this item be
approved as presented.
LIST OF SUPPORTING DOCUMENTS:
1. 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.
2. Ordinance approving the appropriation of $1,393,400 from the unreserved fund balance in the
No. 1111 Reinvestment Zone No. 2 Fund and approving the transfer to and appropriation in the
No. 3278 Packery Channel Projects TIF #2 Fund
3. Ordinance changing the Three Year Revenue and Expenditure Projection for Reinvestment
Zone No. 2 Fund in the FY 2011-2012 Budget,
4. Packery Channel Dredging Bid Tab
5. Packery Channel Dredging Budget
6. Packery Channel Dredging Location Map
7. Packery Channel Monitoring Contract Summary
8. Packery Channel Monitoring Location Map
9. Finance Plan recommended by the Island Strategic Action Committee
Approvals: Jay Reining, First Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
-212-
Page 1 of 3
Ordinance approving an amendment to the revised Project and
Financing Plans for the Reinvestment Zone Number Two, City of
Corpus Christi; approving the grant of authority to the Zone's
General Manager to decide whether the expenditure of the Zone's
funds should be handled by the City of Corpus Christi or the North
Padre Island Development Corporation; authorizing the City Manager
to expend less than $50,000 on repairs to public infrastructure and
equipment in the Packery Channel project area with funds from the "
Zone's Maintenance Reserve; providing for severance; providing for
publication; and declaring an emergency.
Be it ordained by the City Council of the City of Corpus Christi, Texas, that:
Section 1. The amendment to the revised Project and Financing Plans for the
Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009,
which has been previously amended on March 22, 2011, that was adopted by the Board
of Directors of Reinvestment Zone Number Two, City of Corpus Christi, upon the
recommendation of the Board of Directors of the North Padre Island Development
Corporation, are approved. The amendment to the revised Project and Financing Plans
for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29,
2009, are attached to and incorporated into this ordinance as Exhibit 1.
Section 2. The FY 2011-2012 Budget adopted by the Board of Directors, Reinvestment
Zone Number Two, City Of Corpus Christi, attached to and incorporated into this
ordinance as Exhibit 2, is approved.
Section 3. The action of the Board of Directors of Reinvestment Zone Number Two,
City of Corpus Christi, taken on this date, that authorized the General Manager of the
Zone to determine whether expenditures of the Zone's funds should be handled by the
City of Corpus Christi or the North Padre Island Development Corporation is approved.
Section 4. The City Manager is authorized to expend less than $50,000 for repairs to
public infrastructure and equipment within the Packery Channel project area from funds
provided by the General Manager of the Reinvestment Zone Number Two, City of
Corpus Christi, from the Reinvestment Zone's Maintenance Reserve, without the
approval of the City Council. Expenditure for repairs of $50,000 or more require
approval of the City Council.
Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance be given full force and effect for its purpose.
Section 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
ORDINANCEA
—213—
Page 2 of 3
Section 7. 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 September,
2011.
Attest:
Armando Chapa
City Secretary
Approved: September_, 2011
R. Jay Reining
First Assistant City Attorney
For City Attorney
ORDINANCEA
City of Corpus Christi
Joe Adame
Mayor
—214—
Page 3 of 3
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
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
ORDINANCEA
—215—
Page 1 of 3
Ordinance approving the appropriation and transfer of money from
the No. 1111 Reinvestment Zone No. 2 Fund to the No. 3278 Packery
Channel Projects TIF #2 Fund for Packery Channel projects; making
conforming changes to the Three Year Revenue and Expenditure
Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012
Budget; and declaring an emergency.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1. That $1,393,400 from the unreserved fund balance in the No. 1111
Reinvestment Zone No. 2 Fund is transferred to and appropriated in the No. 3278
Packery Channel Projects TIF #2 Fund for expenses related to channel and beach
monitoring in the Packery Channel project area, maintenance dredging of Packery
Channel and the renourishment of the beach seaward of the Padre Island seawalls, and
installation of the Packery Channel Phase 3 — Restroom Facilities.
Section 2. That Ordinance No. 29155, which adopted the FY 2011-2012 Budget, is
changed by decreasing the unreserved fund balance and increasing expenditures
proposed for YR 1 FY 2012 for "Operating Transfers Out" by $1,393,4000 each.
Section 3. The City Manager is authorized to make necessary conforming changes to
the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund
in the FY 2011-2012 Budget.
Section 4. 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 September,
2011,
Attest:
Armando Chapa
City Secretary
Approved: September_, 2011
R. Jay Reining
OrdinanceB
City of Corpus Christi
Joe Adame
Mayor
—216—
First Assistant City Attorney
For City Attorney
Ordinances
—217—
Page 2 of 3
Page 3 of 3
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
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
OrdinanceB
—218—
Page 1 of 3
Ordinance changing the Three Year Revenue and Expenditure
Projection for Reinvestment Zone No. 2 Fund in the FY 2011-2012
Budget; authorizing the City Manager to expend funds from the
Maintenance Reserve for necessary repairs within the Packery
Channel project area; and declaring an emergency
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1. Ordinance No. 29155, which adopted the FY 2011-2012 Budget, is changed
by appropriating $118,707 from the unreserved fund balance and increasing proposed
expenditures for YR 1 FY 2012 by adding $64,796 for Packery Channel Patrol
Operations and adding an expenditure line for "Administrative Costs" in the amount of
$53,911, by appropriating and transferring $600,000 from the unreserved fund balance
and committing the $600,000 to the "Dredging Maintenance Reserve," and by
appropriating and transferring $500,000,000 from the unreserved fund balance and
committing the $500,000 to a new "Maintenance Reserve," for the Three Year Revenue
and Expenditure Projection for Reinvestment Zone No. 2 Fund.
Section 2. The City Manager is authorized to make necessary conforming changes to
the Three Year Revenue and Expenditure Projection for Reinvestment Zone No. 2 Fund
in the FY 2011-2012 Budget.
Section 3. Authorizing the City Manager, either in his capacity as either the City
Manager or as the Executive Director, North Padre Island Development Corporation, to
spend amounts less than $50,000 from the Tax Increment Reinvestment Zone No. 2
Maintenance Reserve for necessary repairs to public improvements and equipment
within the Packery Channel project area. Expenditures of $50,000 or more require the
approval of the City Council or Board of Directors of the North Padre Island
Development Corporation.
Section 4. 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 September,
2011.
Attest:
Armando Chapa
City Secretary
OrdinanceC
City of Corpus Christi
Joe Adame
Mayor
—219—
Approved: September 8, 2011
R. Jay Reining
First Assistant City Attorney
For City Attorney
OrdinanceC
—220—
Page 2 of 3
Page 3 of 3
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
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
OrdinanceC
—221—
TABULATION OF BIDS TIMEOFOORIPLETOINN-IN ER'8 STHi ATE
DEPARTMENT OF ENGINEERING— CITY OF CORPUS CHRISTI, TEXAS BASESID: MCA,50,13D,100
TABULATED BY: NOR Engineering, Ino. ADDITIVE ALTERNATE NO. 1: 15 Aedt0 Dep ISS1100
DATE:Juty20,2011 Ap01TIVE ALTERNATE NO.2: 0MANI Dep $75,000
PACKERY CHANNEL
DREDGING 8 BEACH NOURISHMENT
PROJECT#E10168
AP0I10 EnMmnmental SOeteglee
P.O. Box 12114
Baeumom, TX 7"28
408833.3390
Cellan Maine, LTD.
P.O. Box 17017
0.1watn, TX 77552
408T624IN
Groat lakes Drod68§ Docks, LLC
LW. Moossaw DNEon
P.O. Box 097 All Scum Point
Burlirglon, M 52001
310754-0705
SOmInNM COeMmWlan Co,
14048 Hwy 41 Nod I. Sia 100
EYen.B., IN 47725
812-087-7220
Bid Nem DESCRIPTION
QTY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
BASE BID PART A -GENERAL
AI
MOBIUZATIONIDEMOBIUTATION, complete AM In
pweper LUMPSUM
1
LS
$ 195,000.00
$ 105,000.00
E 374,033.W
$ 374,033.00
$ 3",721.00
$ 377,721.00
S 411,90.00
E 411,90.00
A-2
PRE -DREDGE HAZARD SURVEY, complete soul in
plow Per LUMP SUM
1
Ib
$ 4,375.00
$ 4,375.00
S 50.000.0
$ 50,000.00
S 52,0X.00
$ 62,OW.00
$ 0,450.00
§ 6.450.0
A3
CONSTRUCTION SURVEYING, complete and in plow
per LUMSUM
1LS
$ 68,20.00
$ 58,250.0
$ 1W,50D.00
$ 10,00.00
E 40,000.00
E /0.00.00
E 59,859.0
S 53,859.00
A4
DREDONGSECTIONSiAND2,wmpleteeMin
plewpeTCUSICYARD
28430
CY
$ 3.85
E 1,017,6M.00
$ 5.10
$ 1,347,930.00
§ S."
E 1,55$612.00
§ 7.16
$ 1,892,368.00
A5
BEACH NOURISHMENT, wmNNe and In plow Par
LUMP BUM
I
LS
$ 316,225.OD
S 315,2]5.0
S 400,000.00
S 48D,WO.DO
$ 345,000.00
S 31,00.00
S 227,384.00
E 227.304.0D
A41
AERIAL PHOTOGRAPHY, complete and In plow par
LUMP SUM
1
LS
$ 6250.00
S 8,250.00
S 8,00.0
S 8,00.00
$ i3OW.N
E 10,00D.0
E 2,080.W
$ 2,080.W
A-7
ALLOWANCE FOR ADDITIONAL DREDGING IN
SECTIONS i AND 2, compleN aM In plow per CUBIC
YARD
1
LS
E 150,000.00
S 15,00.00
E 15D,000.00
$ 15,00.00
$ 10,000.00
S 150,000.00
E 150,000.0
$ 150,00D.00
SUBTOTALA-1THRUA-7
S 1,79.05.00
$ 2,483,013.00
S 2,518,233.00
$ 2,748,190.00
SiUOem
DESCRIPTION
QTY
UNIT
UNITPRICE MOUNT
UNIT PRICE
AMOUNT
UNITPRICE
AMOUNT
UNIT PRICE
AMOUNT
ADDITIVE ALTERNATE NO.1-DREDGING SECTION 3
ADD. ALT. i
DREDGING SECTION 3. complete and In plow Per
CUBICYPRO
4,OW
CY
S 3.N S 12.0D.00
E 10.86
$ 75,e6D.DD
S 22.10
E 08,400.00
S 22.35
S 88,401.00
BM Hem
DESCRIPTION
QTY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIJIC'E.
AMOUNT
ADDITIVE ALTERNATE NO. 2 -SAND EXCAVAMON AND HAUUNG
ADD. ALT.2
BEACH SCRAPE-0OWN (SAND EXCAVATION AND
HAULING AT SEAWALL), complete and In place per
OUBICYARD
15,0W
CY
S 2.75
$ 41,250.00
E 6.59
S 97,850.0
S 5.00
S 75,000.00
i$
122,400.00
BID SUMMARY
BABE BID( ITEM A -I THRU A-7):
$ 1,745.655.0
Fr(s
} 2.518233.00
$ 2748.180.00
ADD. ALT. NO. I (ITEN ADD. 1):
E 12,000.00
S 75.0D.00
S 864000
$ 89400.00
ADD. ALT. NO.2 OTEM ADD. 2):
S 41.25D.00
$ 07.850.00
i 75.000.00
S 122.100.01
TOTAL BASE BID PLUS ADDITIVEALT.010.1:
$ 1,757.055.00
S 2.569.28SOD
S 280.83900
S 2.835.590.00
TOTAL BABE BID PLUS ADDNIVEALT. NO. 2:
$ 1.785,05.00
$ 2,581.413.00
$ 2.593233.N
S 2.808590.00
TOTAL BASE BID PLUS ADDITIVE ALT. NO. I ANDADU. ALT. NO. 2:S
1.788.805.00
E 2.07.213.00
S 2.881.09.01
E 2,957.880.01
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING— CRY OF CORPUS CHRIST, TEXAS
TABULATED BY: NOR EnElnaedng, Inc.
OATS Jcly20, 2011
PACKERY CHANNEL
DREDGING S, BEACH NOURISHMENT
PROJECT#E10168
King M.W, lSadne Services, LF
P.O. Sox 108
1112Bmadway
PodL .., TX 77009
8615628751
Marion ConsWcm Co.
P.O. Bax24057
520E East Marginal Ways.
SaaMa, WA 98124
20&]820850
Wea9a Madri
304 OWN Ddse
Inmyuods 9asinaae Pad(
C0Weg10). LA 70439
585-0752500
Bid lbm DESCRIPTION
OTY
UNIT UNRPRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
BASE BID PART A -GENERAL
Al
MOSIUZATIONIOEMOBILRATION, complete and In
place per LUMP SUM
1
LS E 392,000.00
E 362,000.00
E 430,000.00
E 430,000.00
S 1,850,000.00
E 1,850,000.00
A-2
PRE-DREDGEHAZARDSURV ,da.Plalemdin
place pef LUMP SUM
I
LS E 55,000.00
E 65.000.00
$ 35,000.00
E 35,000.00
E 50.000.00
E 50,000.00
A8
CONSTRUCTIONSURVEYING,nompletaandlnpNce
par WIN SUM
i
LB E 85,000.00
E 05,000.0
S 20,000.00
E 30,000.00
E 50,000.00
S 50,000.00
AA
DREDGING BECTION$ I AND 2, camplete and in
platy per CUBIC YARD
264,300
CY S 620
E 1,088,800.00
S T.15
$ 1,889,745.DD
$ 8.00
E 2,114,400.00
A8
BEACH NOURISHMENT, mmplete and In place If
LUMP SUM
I
LS E 701,184.00
$ ]81,184.00
$ 390,000.DD
$ 300,000.00
$ 1.00
$ 1.00
A -e
AERIAL PHOTOGRAPHY, cemplele and In place per
LUMP SUM
I
LS E 1,00SW
$ 1,000.00
E 1,000.00
E 11000.00
$ 1,500.00
S 1,500.00
AA
ALLOWANCE FOR ADDITIONAL DREDGING IN
SECTIONS 1 MD 2, complete and In place per CUBIC
YARD
1
LS S 150,000.00
E 150,000.00
S 150,000.00
$ 150,000.0D
E 150,000.00
1 S 150,000.00
SUSTOTALA-1 THRU AA
E 3,082,844.00
E 2,525,745.00
S 4,315,801.0
Bid Item
DESCRIPTION
Ow
UNIT UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE
AMOUNT
AODITNE ALTERNATE NO. t -DREDGING SECMGN 3
AOD.ALT.1
DREDGING SECTION 3, mmplde and in place per
CUSICYARD
4,000
CY S 10.00
E 40,000.00
$ 23.00 E 92,000.00
S 14.00
S 59,00D.00
Bid Nem
DESCRIPTION
ON UNIT UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
AOUITME ALTERNATE NO. 2 -BAND EXCAVATION AND HAULING
ADD ALT
BEACH SCRAPE -DOWN (SAND EXQAVATI0NAND
HAULING AT SEAWALL), cempkte end In piece Per
CUBIC YARD
16,000 CY S 200
E 30,000.00
$ 0.70
E 145,500.OD
S 10.00
$ 150,000.00
910 SUMMARY
BASE BID ITEM AA THRU A-7):
E 3,0112,844.00
E 2.025.745.00
E 4.315.901.00
ADD. ALT. NO. t ITEM ADD. 1):
E 40,000.00
E 92.000.00
§ 56.000.00
ADD. ALT. NO.2 ITEM ADD. 2):
E 30,000.00
E 10.5.500.00
E 150.000.00
TOTAL BASE BIO PLUS ADDT%IE ALT. NO. 1:
E 3,102,8N.00
E 3,017.745.0
S 4.3)1.EOL00
TOTAL BASE BID PLUS AODM%TALT. NO. 2:1
E 3.492.844.00
E 3.]1,245.00
E 4.405.001.00
TOTAL BASE BID PLUS ADDITIVE ALT. NO. t AND ADD. ALT. NO. 2:1
S 3.132.BM.00
S 3.1B92d5.00
E 4.52190'00
-223-
PROJECT BUDGET
Packery Channel Dredging and Beach Nourishment
Project No. E10168
September 27, 2011
FUNDS AVAILABLE:
Packery Channel CIP
FUNDS REQUIRED:
Construction: Apollo Environmental Strategies
Contingencies
Consultant Fees:
Consultant (HDR Engineering)
Materials Testing (Rock Engineering)
Reimbursements:
Contract Administration (Contract Preparation/Award/Admin)
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)
Construction Inspection
Finance Reimbursements
Misc. (Printing, Advertising, etc.)
TOTAL
ESTIMATED PROJECT BUDGET BALANCE
-224-
$2,380,000.00
$1,757,655.00
$175,765.50
$232,470.00
$24,460.00
$47,600.00
$47,600.00
$59,500.00
$23,800.00
10,000.00
$2,378,850.50
1,149.50
Fite :\Mproject\councitexhibits\exh£i0158b.dwg
CITYCOUNCIL EXHIBIT
PACKERY CHANNEL DREDGING DE %6' OFp� MRRIINNG�SW
AND BEACH NOURISHMENT PAGE: 1 of 1
DATE. 0g/ 13/2011 .�..►�.
-225-
CONTRACT SUMMARY
Section II. Scope of Services, A. Tasks 2-3 is amended to read as follows:
II. SCOPE OF SERVICES A. TASKS:
DNR will continue to conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline
position and beach volume at Packery Channel. The monitoring program will include the collection of bathymetric
data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and
bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat
Community. The monitoring program will include measurement of current velocity in the channel that is presently
sponsored by the USACE, Coastal Hydraulics Laboratory and Coastal Inlets Research Program.
Specific tasks to be undertaken are set out as follows
Task 1.
1-1. Project Management
Description: Project Management, historic analysis, reporting, survey organization and scheduling as well as
presentations and generation of materials requested by the City of Corpus Christi. Additional support includes
coordination with surveyors, engineers, review committees and other environmental professionals to assist the
City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for
storm damage.
1-2. Aerial Photography
Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including
the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from
the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative
analysis of change relative to key features and as a reference for overlay of data and terrain models.
Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacentto the
inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are
appropriate for visuals and explanation aids for the community, residents and laypersons.
Schedule: Annual (August/September 2011) pending weather conditions.
Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island.
2-1. Beach Profile surveys
Description: The beach profile survey provides information on changes occurring at 18 specified locations from
the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995.
Elevation measurements are collected along transects that initiate landward of the dune or otherlandward limiting
feature (seawall) and extend offshore up to one mile into the Gulf of Mexico.
Purpose: To document changes in features such as the beach berm crest, sand bars and dune crest. The data
are applied to calculate volumetric change for sand placement/nourishment, to calculate sand volume for FEMA
documentation and funding, and verify shoreline position data and determine the maximum region on sheltering
(zone of influence) to identify trends or changes in the shape and width of the beach.
Schedule: (1) annual survey conducted during peak summer condition (September 2011).
2-2. Shoreline Position surveys
Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water
line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish
Pass.
Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over
the broad study area within days, a large section of the beach can be measured to determine changes in
shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots"
can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular
access south of the inlet and addresses persistent regions of shoreline recession that have been identified .
fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the
inlet near Newport Pass.
Schedule: (2) Surveys/ Tentative survey schedule: September 2011, and January/February 2012,
Exhibit A
Page 1 of 3
KAEngineering DataExchange\KevinS\GEN\PACKERY\Monitoring\A� §012\DNRSumExhA.doc
2-3. Surveys of channel and nearshore depth and morphology (bottom features)
Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high
resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways
of sediment transport.
Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in
the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport
and to calculate volumetric change for application to the estimation of the sand volume available fordredging. The
data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation
of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit
navigation. A primary application of this data is to assist with determining potential scheduling of dredging.
Schedule: (3) Surveys. Tentative survey schedule: September 2011, January/February 2012 and June 2012.
Additional surveys may be required if data indicate that depth -limited navigation is imminent.
2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community
Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to
changes in water flow in the channel and over the wetland. These changes are best captured seasonally through
a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change.
Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the
location of mean higher high water (MHHW) shoreline position along the south shore and then extending across
the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised
placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel
from the HWY 361 Bridge to the Relief Channel west of the channel dog leg.
Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and
changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5
ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland
channel segment (residential and Packery Channel County Park) is surveyed and compared to previous data to
determine historic change in position and stability.
Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: September 2011,
January/February 2012. Additional surveys maybe required if data indicate that the rate of change has increased
during the study period.
2-5. Event/Storm and Dredge/Environmental Support Surveys
Description: In an effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring
program has been modified to include (2) seasonal surveys (Sept/Oct and Jan/Feb) and (1) transitional survey
(June 2012). To accommodate monitoring concerns beyond these seasonal surveys this task provides for an
event survey and environmental or dredge support surveys as needed. The primary purpose of the event survey
is to facilitate timely pre- or post- storm surveys. Surveys could include but are not limited to post -storm, dredge
support, engineering support, environmental assessment (wetland) and sand placement activities. Surveys may
be needed beyond the seasonal designation, such as after storms, and to assistwith the investigation of sensitive
environmental habitat or anthropogenic influences on the coastal environment.
Purpose: To provide information on changes in sediment transport, boundary definitions, volumetric analysis and
dredge support beyond the limits of the seasonal surveys without time restrictions associated with the amendment
process.
Schedule: To be determined as necessary
Deliverables:
• ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205
• Email status report (monthly or as updates are available)
• Status Reports (post -survey quarterly reports)
Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional
surveys may be recommended upon seasonal findings or evidence of change based upon observations in the
field
III. FEES AUTHORIZED
The City will pay DNR a fixed fee not to exceed $2,173,218 for providing all services for during the contract term
(12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of
Exhibit A
q Pa e2of3
KAEngineering DataExchange\KevinS\GEN\PACKERY\Monitoringa� 72ol2\DNRSumExhA.doc
$11,020.00 and a fee for Amendment No. 2 of $61,715.00 and a fee for Amendment No. 3 of $299,900.00 and a
fee for Amendment No. 4 of $325,517.00, and a fee of $600.00 for Amendment No. 5 and a fee of $293,400 for
Amendment No. 6. This fee will be full and total compensation for all services provided and expenses incurred in
performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services.
Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be
accompanied by a cover letter summarizing project status and the tasks undertaken during the time period
covered by the invoice. Invoices will be based on the Task Fee set out by this contract amendment. Invoices will
be sequentially numbered for each project, state the project name (Packery Channel Quarterly Monitoring Project)
and City project number (5228). The letter shall state the number of the current invoice, the total authorized fee,
the amount previously invoiced, and the current amount due. Statements will be based upon percent of project
completed. However, a final payment of $3,500 will be retained until delivery of the final report.
It is mutually acknowledged that fees authorized by the original contract or any prior amendment not invoiced may
be used to defray the costs and expenses of Amendment No. 6 or for such additional tasks as may be directed by
the City Manager or his designee. However, any task or additional service that requires additional funding beyond
that authorized will be evidenced in writing as an amendment to this contract.
Contract
Fe1$1$233,6
Ori inal Contract
41,487.00
Amendment No. 1
11,020.00
Amendment No. 2
61,715.00
Amendment No. 3
99,900.00
Amendment No. 4
25,517.00
Amendment No. 5
600.00
Amendment No. 6
3,400.00
Total
39.00
The fee for each Task for Amendment No. 6 is estimated to be:
Exhibit A
99Qj� Page3of3
KAEngineering DataExchange\KevinS\GEN\PACKERY\Monitoring\20;f 012\DNRSumExhA.doc
Tasks
Fee
1.1
Project Management
43,000
1.2
Aerial Photography
12,100
2.1
Beach Profile Studies
35,200
2.2
Shoreline Position Studies
14,000
2.3
Surveys of channel and nearshore depth and
mor ology
97,800
2.4
Inland Channel Segment and Mollie Beattie Coastal
Habitat Community
27,900
2.5
Event/Storm and Dredge/Environmental Support
Surveys
63,400
$293,400
Exhibit A
99Qj� Page3of3
KAEngineering DataExchange\KevinS\GEN\PACKERY\Monitoring\20;f 012\DNRSumExhA.doc
CITYCOUNCIL
L EXHIBIT
PACKERY CHANNEL CITY E CORPUS CHftISTf, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
MONITORING - 2011-2012 PAGE 1 of 1
DATE: 8-30-2011:
-229—
Reinvestment Zone Number Two
City of Corpus Christi Texas
Paekery Channel Projections
July 31, 2011 Unaudited
Tax FYE Beginning Net Taxable Capturetl Value TIP Interest Total Mnual Cash Ending
Year 7131 TIF Fund Values Real Collee[ians Earnings cold, Fees TF CUMULATIVE
Fees& Project FlFuntl Bond Oretlging alnlenanee Funtls Available
Balance property Expenses Ex nses M
(2) $
256,141.792
$ 2,582,595
3 -
$
1,793,738
$ 1,493,400 $ (104,543)
$ 5,216,141
Balance
$1,500,000
Reserve
Reserve Reserve
Other Projects
2000
2001
$
81,732 341
$ 5,218,141 5 366,192,055
(2) $
283,678,188
$ 2,860,607
$ -
$
1,251,788
$ 1,606,813
$ 6,826,954
$1.500,000
2001
2002
$
92,086,188
3 10,905,193
$ 163,482
$ 354
$ 111,712
$ -
$ 52,124
$ 52,124
$
1,300,900
$ 1,796,986
2002
2003
$ 52,724
$
701,265,608
$ 20,531,573
$ 281,039
$ 1,544
$ 58,594
$ -
$ 223,989
$ 276,113
gree
A s10 CARR
Agrees
$
1,253,325
2003
2004
$ 276,113
$
111 377,838
$ 31,242,521
$ 460,542
$ 2,658
$ 168,833
$ -
$ 294,367
$ 486,191,313
to GlFR
403,677,446
$ 4,071572
-
$
$
2004
2005
$ 570,480
$
148,690,968
$ 69,016,056
$ 1,015,239
3 15,930
$ 503,177
$
4,187,786
$ 570,480
Agrees to CAFR
$3,000,000
(2) $
488,231,343
$ 4,924,842
2005
2006
$ 1,098,472
$
173,610,137
$ 91,012,532
$ 1,333,540
$4,000,000
$ -
3 527,992
$ 1,098,472
Agrees to CAFR
$3,000,000
2019
####WAWW $ 666,451,157
2) $
2006
2007
$ 1,618,402
$
252,025,820
$ 170,293,479
$ 2,332,093
$ 58,540
$ 672,150
$ -
$ 719,930
$ 1,818,402
Agrees to CAFR
$3,000,000
10,558,602
2019
2020
2007
2008
$ 3,460,142
$
345,361,546
$ 263,629,205
$ 2,851,595
$ 127,129
$ 143,028
$ 817,482
$ -
$ 1,641,740
$ 3,460,142
Agrees to CAFR
$3,000,000
$1800,000
$
460,142
2008
2009
$ 5,138,470
$
403,827,598
$ 322,095,257
$ 3,601
$
$ 1,316,295
$ -
$ 1,678,328
$ 5,138,470
Agrees tc CAM
$3,000,000
$4,000,000
$
2,138,470
2009
2010
6,857,092
2022
#####✓ # $ 1837,088,042
(2) $
895
$ 24,525
$ 784,763
$ 1,123,035
$ 1,718,622
$ 6,857,092
Agrees to Corp
$1,500,000
$1,500,000
$
5,357,092
$1,000,000
$
$
380,845,517
$ 299,113,176
$ 3,357,599
$ 29
$ 775,293
$ 1,080,730
$ 1,501,605
$ 8,358,697
Agrees to CAFR
$1,500,000
$ 41,517,128
$1,500.000
2010
2011
$ 8,356,697
$
330,723,220
$ 248,990,879
$ 2,803,582
$ 3,167
$ 1,157,358
$ 3,940,583
$ 74887,390
$ 394,981
$
$1,400,000 $ -
$
5,458,697
2011
2012
$6,067.505
$
299.009288
S 917975 AA7
C etrrl age
a .e-1
CD
(1)- Obtained from the TIF Detail Report
$ (2,291,192)
$ 6,067,505
unaudited
$1,500,000
$1,400,000 $ -
$
3,167,505
(2) $
256,141.792
$ 2,582,595
3 -
$
1,793,738
$ 1,493,400 $ (104,543)
$ 5,216,141
$1,500,000
$1,000,000
$
2073
2014
$ 5,218,141 5 366,192,055
(2) $
283,678,188
$ 2,860,607
$ -
$
1,251,788
$ 1,606,813
$ 6,826,954
$1.500,000
218,741
2014
2015
$ 6,826,954 S 389,702,663
(2) $
307,188,796
$ 3,097,886
$ -
$
1,300,900
$ 1,796,986
$3,000,000
$1,000,000
$
7,326,954
2015
2016
$ 8,623,940 $ 411435,230
(2) $
328,921,363
$ 3,317,173
$
1,253,325
$ 8,623,940
$1,500,000
$4,000,000
$1,000,000
$
2,123,940
2016
2017
$ 486,191,313
(2) $
403,677,446
$ 4,071572
-
$
$
$ 2,063,848
$ 10,687,788
$1,500,000
$4,000,000
$1,000,000
$
4,187,786
2017
2018
#gq#$M#pttit $ 570,745,210
(2) $
488,231,343
$ 4,924,842
-
$
$
1,294,175
$ 2.777,397
$ 13,465,185
$1,500,000
$4,000,000
$1,000,000
$
6,965,185
2018
2019
####WAWW $ 666,451,157
2) $
583,937,290
$ 5,890,647
-
$
$
$
1,331,425
1,365,075
$ 3,593,417
$ 17,058,602
$1500,000
$4,000,000
$1,000,000
$
10,558,602
2019
2020
##### $ 774856,231.(2)
$
692,342,364
$ 6,984,598
-
$ 4,525,572
$ 21,584,174
$1,500,000
$4,000,000
$1800,000
$
15,084.174
2020
2021
#####N#### $ 897,728,294
(2) $
815,214,427
$ 8,224,535
$ -
$
$
1,583,700
$ 5,400,898
$ 26,985,072
$1,500,000
$4,000,000
$1,000,000
$
20,485,072
4021
2022
#####✓ # $ 1837,088,042
(2) $
954,574,175
$ 9,630,847
-
$
1,672,213
$ 6,552,322
$ 33,537,394
$1,500,000
$4,000,000
$1,000,000
$
27,037,394
N
$ -
$
1,651,113
$ 7,979,734
$ 41,517,128
$1,500.000
$4.000,000
$1,000,000
$
35,017,128
W
$ 74887,390
$ 394,981
$
21,490,164
$ 41.517,128
CD
(1)- Obtained from the TIF Detail Report
for 2008 from the Nueces
County Tax
Office.
(2) - Obtained from Market and Economic
Feasibility Study Update
on Tax Increment Reinvestment Zone #2,
dated September 2009 - Prepared by: CDS Spillette
Repo
of Expenditures for FV 2011-2012
Recap of Expenditures for Fy 2012-2013
Phase 3 of "Six Pack"
$
200,000
Phase 3 of "Six Pack"
$ 1,000,000
Dredging Contract
$
1,900,000
Monitoring
$ 293,400
Monitoring
$
293,400
Marina Patrol
$ 155,000
Marina Patrol
$
745,000
Administrative Costs
$ 55,000
Nev, Patrol Boat
$
45,000
Total
$ v1"3#�
Administrative Costs
$
53,911
Total
$
',2;637;31;'(,.
Transfer W Dredging Reserve
INUM
Transfer to Dredging Reserve
$
600,000
Transfer to Maintenance Reserve
$ '.
'I;Omadb",
ME
DATE: September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services
PeteAn(a)cctexas.com 826-3781
Fred Segundo, Director of Aviation Services
Fred S(cDcctexas.Com 289-0171 ext. 1213
AGENDA MEMORANDUM
for the City Council Meeting of:
.: September 27, 2010
Authorization for City Manager, or designee, to execute Construction
Contract for the CCIA Communications Center, Perimeter Security, Standby
Generator and Commercial Aviation Apron Lighting Upgrades (Project No.
E10075). CIP AV01
CAPTION:
a. Ordinance appropriating $3,250,000 from the Federal Aviation Administration Grant No. 3-48-0051-048-
2011 in the No. 3020 Airport Capital Improvement Fund to Upgrade Security Systems with Associated
Electrical Systems at the Corpus Christi International Airport; amending the FY 2012 Capital Budget
adopted by Ordinance No. 029135 to increase revenues and expenditures by $3,250,000 each; and
declaring an emergency.
b. Motion authorizing the City Manager, or designee, to execute a Construction Contract with B. E.
Beecroft Construction, Inc. of Corpus Christi, Texas in an amount not to exceed $2,493,665.79 for the
Corpus Christi International Communications Center, Perimeter Security, Standby Generator and
Commercial Aviation Apron Lighting Upgrades.
BACKGROUND AND FINDINGS:
The project provides for:
• Enlargement of the Communications Center including new finishes, lighting, flooring, windows, doors,
electrical and HVAC upgrades to meet current needs;
• Perimeter security upgrades include new motorized security gates, pan -tilt -zoom cameras, area lighting,
card readers, fiber optic cable, additional duct banks and connection to the airport terminal building;
• Standby generator upgrades include a new 1,250-kva generator to supplement the existing 1,000-kva
generator, refurbishment of existing switch gear, and a high capacity fuel tank for the existing generator;
and
• Commercial aviation lighting upgrades to replace the existing pole mounted lighting with new poles and
fixtures to meet current wind codes and lighting requirements.
ALTERNATIVES:
Council may elect to approve the motion as recommended or to reject bids. However, the FAA's funding is
subject to award prior to their new fiscal year which begins October 1, 2011.
OTHER CONSIDERATIONS:
FAA will provide 95% of the funding with the City providing 5% of the funding if the contract is awarded prior to
October 1. 2011.
—233—
KAEngineering DataExchange\KevinS\GEN\AIR_restored\20041mpravements\10075ComCtrSecuritySys&Generator\ConstructionAwardAgenda.docx
CONFORMITY TO CITY POLICY:
Approval of the change order conforms to Local Government Code and City policy requiring Council
authorization for expenditures exceeding $50,000.00.
BIDS:
The project was bid as a base bid. Bids were publically opened Wednesday, August 31, 2011. One bid was
received and opened in public. The consultant's opinion of probable cost for the base bid was $2,142,616.00. The
low qualified bid of $2,493,665.79 was submitted by B. E. Beecroft Construction of Corpus Christi.
EMERGENCY/NON-EMERGENCY:
N.A.
DEPARTMENTAL CLEARANCES:
Aviation Department
Engineering Services
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
Fiscal Year: 2011-2012
Project to Date Exp.
(CIP Only)
Current
Year
Future
Years
TOTALS
Budget
3,412,500.00
3,412,500.00
Encumbered/Expended
amount as of July 31, 2011
503,127.42
503,127.42
This item
2,493,665.79
2,493,665.79
BALANCE
3,412,500.001
01
415,706.79
FUND(S): Aviation CIP/Grant
Funds
COMMENTS:
The Financial Impact is based on the total of the adopted FY2011-2012 Capital Improvement Program as increased
by the actual FAA grant amount and local 5% match. The appropriation of Grant 48 provides $664,600.00 in
additional funds over that anticipated by the CIP Budget.
The contract provides 180 calendar days to complete the project from notice to proceed. Completion is anticipated
to be no later than April 2012.
RECOMMENDATION:
Approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
a. Bid Tabulation Summary
b. Project Budget
c. Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Johnny Perales, P.E., Assistant City Manager
-235-
KAEngineering DataExchange\KevinS\GEN\AIR_restored\20041mprovements\10075ComCtrSecuritySys&Generator\ConstructionAwardAgenda.docx
N
W
V
CCIA COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY
Project: GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING
UPGRAnFS
Opinion of Cost: $2,142,616.00
CC PROJ NO. E10075 AP-136
B.E. Beecroft Construction
PGAL PROD NO. R1001252
2222 Laredo Street
TABULATED BY: Michael R. Lawrence, P.E.
Corpus Christi, TX 78405
DATE PREPARED: THURSDAY, September 1, 2011
361-882-6791
BIDS OPENED: WEDNESDAY, AUGUST 31, 2011
TOTAL
I S 2.493.665.79
Exhibit A
Page 1 of 1
PROJECT BUDGET
nunications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lightin!
Project No. E10075
September 20, 2011
FUNDS AVAILABLE:
Airport CIP Grants Fund
Airport 2000A CIP Fund
Airport 2000B CIP Fund
FUNDS REQUIRED:
3,250,000.00
132,500.00
30,000.00
3,412,500.00
Construction (B. E. Beecroft)....................................................................
2,493,665.79
Contingencies(7.5%)............................................................................
187,000.00
Consultant Fees:
Consultant (PGAL) Basic Svcs $159,538.62 - 6.8% ..................................................
503,127.42
Construction Management/Inspection (PGAUCoym, Rehmet Guitierrez & Patterson)...
Included in AE Fee
Materials Inspection & Testing (Civil) (Rock Engineering) ........................................
16,308.00
Reimbursements:
Administrative Reimbursements............................................................
18,000.00
Engineering Reimbursements.................................................................
30,000.00
Misc. (Printing, Advertising, etc.).............................................................
28,000.00
Total..................................................................................................
3,276,101.21_
Variance 136,398.79
Exhibit B
Page 1 of 1
-239-
F—
�I�PCzs�
aon .
`y ,
PROJECT LOCATION
IH37
RD.
.7 UECES TAY
LOCATION MAP
NOT TO SCALE
MCGLOIN ROAD
AGNFS RD.
CO^nR�P'US
sInt
Baty
SUBJECT
SUBJECT
COMMUNICATIONS CENTER,
STANDBY GENERATOR AND
COMMERCIAL AVIATION APRON
LIGHTING UPGRADES
DEAR LANE
I
a I
SITE PLAN
PROJECT # E10075 NOT TO SCALE EXHIBIT "C"
CORPUS CHRISTI INTERNATIONAL AIRPORTCITY COUNCIL EXHIBIT
COMMUNICATIONS CENTER PERIMETER SECURITY, CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
STANSY GENERATOR AND COMMERCIAL PAGE: 1 of 1 v =
AVIATION APRON LIGHTING UPGRADES DATE., 09-20-2011 %+^+
Page 1 of 2
Ordinance appropriating $3,250,000 from the Federal Aviation
Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport
Capital Improvement Fund to Upgrade Security Systems with
Associated Electrical Systems at the Corpus Christi International
Airport; amending the FY 2012 Capital Budget adopted by Ordinance
No. 029135 to increase revenues and expenditures by $3,250,000
each; and declaring an emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $3,250,000 from the Federal Aviation Administration Grant No. 3-48-
0051-048-2011 is appropriated in the No. 3020 Airport Capital Improvement Fund to
upgrade security systems with associated electrical systems at Corpus Christi
International Airport building.
SECTION 2. That the FY 2012 Capital Budget adopted by Ordinance No. 029135 is
amended to increase revenues and expenditures by $3,250,000 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of September, 2011.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
Approved September 8, 2011
y�
Lisa AguilV
Assistant City Attorney
For City Attorney
JILISA=11 OrdinanmkOrd app FAA grant 48.docz
—243—
Page 2 of 2
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,
Council Members
Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
JALISA\2011 Ordinance\Ord app FAA grant 48.docx —245—
21
City of
— ` Cous
hr�isti
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
DATE: September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services I r
petean@cctexas.com
(361) 826-3781
Approval of Construction Contract:
Buddy Lawrence Drive from IH 37 to Antelope Street BOND ISSUE 2008
(Project No. 6506)
PURPOSE:
Motion authorizing the City Manager, or designee, to execute a construction contract with Bay,
Ltd. of Corpus Christi, Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to
Antelope Street. (BOND ISSUE 2008)
BACKGROUND AND FINDINGS:
The project consists of the complete removal of an existing roadway and the construction of
approximately 2,800 linear feet of flexible (asphalt) pavement with an Additive Alternate for a concrete
(rigid) pavement for a new 3 -lane collection street (two 14 -foot back to back travel lanes and one 13 -
foot continuous turning lane) with 5 -foot concrete sidewalks and associated pavement markings and
signage improvements; along with 2,774 linear feet of storm water conduit improvements, 440 linear
feet of water line improvements, 2,175 linear feet of cured -in-place pipe sanitary sewer line
rehabilitation, nine (9) sanitary sewer manhole rehabilitations, and three (3) new sanitary sewer
manholes, together with all appurtenances.
On August 3, 2011, the City received proposals from two (2) bidders and the bids are as follows:
Contractor Base Bid Additive Alternate No. 1
Flexible Asphalt) (Rigid Concrete
Bay, Ltd. $2,720,346.50 No Bid
Haas -Anderson Construction, Ltd. $2,891,603.00 No Bid
ALTERNATIVES:
1) Award as recommended.
2) Reject all bids; re -scope and re -bid._
KIENGINEERING DATAEXCHANGEWELMAMSTREEM6505 BUDDY LAWRENCE\CONSTRUCTIO M2 AGENDA ITEM.DOCX
Page 2 of 2
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
Comments: The project is estimated to require 9 -months, with completion anticipated in August 2012.
Only partial certification of funds is being done at this time. The remainder of necessary funds will be
certified upon sale of remaining 2008 General Obligation Bonds.
City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi,
Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to Antelope Street.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget.
EMERGENCY/NON-EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Not applicable.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
CC: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
—250—
x:\ENGINEERING DATAEXCHANGE\VELMAP\STREET16506 BUDDY LAVJFiENCE1CONSTRUCTIONU AGENDA ITEM.DOCX
Prior Year
(CIP Only)
Current Year
Future Years
TOTALS
FISCAL YEAR: 2011-2012
Budget
$0.00
. $1,720,346.50
$1,000,000.00
$2,720,346.50
Encumbered/Expended Amt. as
of August 25 2011
0.00
0.00
0.00
0.00
This item
0.001
1,720,346.50
0.001
1,720,346.50
BALANCE
$0.001
$0.00
$1,000,000.00
$1,000,000.00
FUNDS : Street
Comments: The project is estimated to require 9 -months, with completion anticipated in August 2012.
Only partial certification of funds is being done at this time. The remainder of necessary funds will be
certified upon sale of remaining 2008 General Obligation Bonds.
City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi,
Texas in the amount of $2,720,346.50 for Buddy Lawrence Drive from IH 37 to Antelope Street.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding bid process; and FY 2011-12 Capital Budget.
EMERGENCY/NON-EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Not applicable.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
CC: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
—250—
x:\ENGINEERING DATAEXCHANGE\VELMAP\STREET16506 BUDDY LAVJFiENCE1CONSTRUCTIONU AGENDA ITEM.DOCX
PROJECT BUDGET
BUDDY LAWRENCE DRIVE FROM IH 37 TO ANTELOPE STREET
Project No. 6506
(BOND ISSUE 2008)
September 20, 2011
FUNDS AVAILABLE:
Street CIP (Bond Issue 2008)...................................................................
$2,436,637.80
StormWater.........................................................................................
809,550.50
Water.................................................................................................
84,662.50
Wastewater..........................................................................................
288,660.00
Gas.................................................................................................
3,940.00
Total.................................................................................................
$3,623,450.80
FUNDS REQUIRED:
Construction (Bay Ltd)............................................................................ $2,720,346.50
Contingencies........................................................................................ 272,034.65
Consultant Fees:
Consultant - (Coym, Rehmet & Gutierrez Engineering, L. P.) .......................... 347,735.00
Geotechnical Testing and Repair - (Rock Engineering & Testing) .................... 11,300.00
Construction Material Testing - (Rock Engineering & Testing) ......................... 54,406.93
Reimbursements
Contract Administration (Contract Preparation/Award/Admin)......................... 74,809.53
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ............................. 95,212.13
Finance Reimbursements........................................................................ 34,004.33
Misc. (Printing, Advertising, etc.)............................................................... 13,601.73
Total................................................................................................... $3,623,450.80
Estimated Project Budget Balance............................................................ $0.00
* Construction Observation Services is included in Consultant, Coym, Rehmet & Gutierrez
Engineering's, contract in the amount of $99,500; which was approved by City Council on June
29, 2010.
K%EnglneednB DeleExchen9eNELAUP\STREE $M BUDDY IAMENMCONSTRUCTIOW AGENDA PROJECT SUDGET3 AGENDA PROJECT BUDGET
—251—
CITY COUNCIL EXHIBIT jk
Buddy Lawrence Drive from Antelope CITY OF CORPUS CHRISTI, TEXAS
to IH-37 Bond 2008 DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1 v —
_. _ DATE: 9/20/2011 %.w
22
City of
Corpus AGENDA MEMORANDUM
= Chnsti for the City Council Meeting of September 27, 2011
v�M
DATE: September 20, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P. E., Director of Engineering Services
E -Mail: Petean(cDcctexas.com Work Phone: 826-3781
Approval of Construction Contract Award to Ti -Zack Concrete, Inc. of
LeCenter, Minnesota for the ADA Improvements Group 2 Bond 2008 Project.
PURPOSE:
Motion authorizing the City Manager, or designee, to execute a Construction Contract Award to Ti -Zack
Concrete, Inc. of LeCenter, Minnesota for the Base Bid only in an amount not to exceed $1,272,812.50
for the ADA Improvements Group 2 Bond 2008 Project (Project No. E09051).
BACKGROUND AND FINDINGS:
The project provides for ADA Improvements in older parts of Corpus Christi. The improvements are
primarily in the form of curb cuts, sidewalk replacement, curb and gutter replacement, driveway
replacement, bus stop pads and ADA pedestrian crossing signals equipped for persons with visual
deficiencies (audio & Braille). This is the second ADA Group to be awarded as part of the 2008 Bond
election.
The RTA is funding improvements included in the project which benefit their facilities. This project was
approved for partial CDBG funding.
ALTERNATIVES:
Phasing the project would be likely to result in a higher cost to the City, and increase the chance that
critical components will fail prior to replacement. The alternatives are to:
1. Award Base Bid to Ti -Zack Concrete, Inc. of LeCenter, Minnesota;
2. Award Base Bid and Additive Alternate to Ti -Zack Concrete, Inc. of LeCenter, Minnesota; and
3. Reject Bids,
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
K:\Engineering Data Exchange\KevinS\GEN\STREETS\E09051ADAGroup2\ConstruccionAwardMemo.docx
-255-
Page 2 of 2
FISCAL YEAR: 2011-2012
Project to Date Exp.
(CIP Only)
Current
Year
Future
Years
TOTALS
Budget
1,990,000.00
1,703,900.00
3,693,900.00
Encumbered/Expended
amount as of July 31, 2011
1,636,990.00
1,636,990.00
This item
0.00
1,272,812.50
1,272,812.50
BALANCE
353,010.001
431,087.50r
0.001
784,097.50
FUND(S): Street CIP Fund
COMMENTS:
The contract is necessary to complete the ADA improvements approved by voters in the 2008 Bond
election. It is anticipated work will be completed prior to May of 2012.
RECOMMENDATION:
Approval of the motion as presented.
CONFORMITY TO CITY POLICY:
The contract award process complies with the Local Government Code for Competitive Bid
requirements and City Policy.
BIDS:
The project was bid as a base bid with one additive alternate. Additive Alternate No. 1 consists of ADA
improvements for access to the Morgan Adult Education Center. This Center was closed and
relocated. The award of the additive alternate is therefore unnecessary.
Bids were publically opened August 10, 2011. One bid was received and opened. The total of the base
bid and additive alternate was $1,318,272.43. The consultant's opinion of probable cost was
$1,444,456.59. The low qualified bid was submitted by Ti -Zack Concrete of LeCenter, Minnesota.
EMERGENCY/NON-EMERGENCY:
N.A.
DEPARTMENTAL CLEARANCES:
LIST OF SUPPORTING DOCUMENTS:
Exhibit A: Bid Tabulation
Exhibit B: Budget
Exhibit C: Location Map
Cc: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
K\Engineering DateExchange\KevinS\GENTSTREETS\E09051ADAGroup2\ConstrucionA"rdMemo.docx
—256—
TPBULA`DON OF BMS
PROJECT 0803
TABULATED BY: Wiffan PBblo ANeo Cerze TIME GFCOMPUETION; US DW.
DATE: FddayAugM 10, 2011
AfE r.nMgl]ITMTMaverick Fndneerin.
-
aginee?sOplwndf!RbWoCost
Bose BM $1.29a121.86
W $48.3211.95
B.Bid-AAI $1.444.456.59
&
F
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pm M.Mm Muk EducaBon Gellbr
ALT I LS $ 45,459.92 $ 45,459.92
I I I I I I I
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WN
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al,
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BASE BID
spew P,.Jn
1,27ZO7250
$ 1.272,012.50
&
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PROJECT BUDGET
ADA IMPROVEMENTS GROUP 2 BOND 2008
Project No. E09051
September 13, 2011
FUNDS AVAILABLE:
Street CIP Tax Notes Fund 136,395.00
Street 2009 CIP GO 2,056,910.00
Street CIP Fund (RTA Contributions) 402,367.00
CDBG 100,000.00
2,695,672.00
FUNDS REQUIRED:
Construction(TI-ZACK).................................................................... 1,272,812.50
Contingencies(10%)............................................................................. 127,300.00
Consultant (Maverick Engineering) Base Svcs $184,662 ....................................... 395,662.00
Materials Inspection & Testing (Rock Engineering - Estimate) ................................... 41,000.00
Administrative Reimbursements............................................................ 12,800.00
Engineering Reimbursements................................................................ 40,000.00
Misc. (Printing, Advertising, etc.) ............................ 22,000.00
Total... ..................................................................................... ........ 1,911,574.50
Variance 784,097.50
"Contract approved by Council November 17, 2009 Motion 2009-235,
Exhibit B
Page 1 of 1
-258-
\Mproject\councilexhibits \exhE9051.dwg
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DAY
PROJECT SITE 4P
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N
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Ayers from Santa St.
x CCIA = to Staples ® Six Points
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PROJECT SITE Staples Street from
\ Morgan Adult Ed Center OSJ Louisiana to Gollihar
(Balboa & Airport) Off' O
0�
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Ayers St. SPID ti F
to Gollihar sAk o- i R
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i
LOCATION MAP '
NOT TO SCALE
PROJECT #E09051 EXHIBIT "C"
ADA IMPROVEMENTS GROUP 2 CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
(BOND ISSUE 2008) PAGE: 2 of 2 = _
DATE., 0912012011
23
City of
Corpus
Chnsti
DATE: September 6, 2011
I_ci�iV:i u•C: :eul
for the City Council Meeting of September 27, 2011
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, P.E., Director of Engineering Services iv (
petean(a)cctexas.com, (361) 826-3781
Approval of Construction Contract:
Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008) -
Project No. 6465
PURPOSE:
Motion authorizing the City Manager, or designee, to execde a construction contract with Texas Sterling
Construction Company of Houston, Texas in the amount of $6,318,966.32 for the Airline Road from
Saratoga to Rodd Field for the Base Bid 2 (Full Closure- Concrete). Bond Issue 2008.
BACKGROUND AND FINDINGS:
The project consists of construction of approximately 7,000linearfeet of Arterial Roadwaywith the
option of asphalt and concrete, including sidewalks, ADA curb ramps, concrete header curb, water,
wastewater, and storm water lines with new manholes and inlets, reinforced concrete box culvert, street
signage, pavement markings and traffic signal systems; including all appurtenances and associated work in
accordance with the plans, specifications, and contract documents.
The proposals for the project were structured with two Base Bids (Partial and Full [Phased] Closure)
and -two Alternate Bids (Asphaltic Concrete or Portland Cement Concrete Pavement). On July 20, 2011, the
City received proposals from five (5) bidders and the bidders and their respective bids are as follows:
Contractor
Base Bid 1, Partial
Closure - Asphalt
Base Bid 2, Full
(Phased) Closure -
Asphalt
Base Bid 1, Partial
Closure - Concrete
Base Bid 2, Full
(Phased) Closure
- Concrete
Bay, Ltd.
$6,722,520.10
$6,503,285,50
No Bid
No Bid
Texas Sterling
$6,823,284.68
$6,359,475.51
$6,777,479.17
$6,318,966.32*
Haas -Anderson, Ltd.
$7,525,034.85
$6,261,415.15
No Bid
No Bid
Reytek
$8,919,775.70
$7,668,182.40
$8,394,023.80
$7,304,045.90
Rel mco
$8,369,751.25
$7,751,328.39
No Bid
No Bid
*Recommended Full (Phased) Closure - Concrete
-263-
K:\Bngi.eadngDaraBzchang6CI.dss Svee6\6465- Airline Rnad from Saramgam Budd Field Bond Issue 20011Agsndaikm\6465-Sxeafivs Summary.docx
ALTERNATIVES:
The following alternatives were considered:
1. Award Base Bid 2 - Full (Phased) Closure - Concrete to Texas Sterling Construction
2. Award Base Bid 2 - Full (Phased) Closure - Asphalt to Haas -Anderson Construction, Ltd.
3. Award Base Bid 1 - Partial Closure - Asphalt to Bay, Ltd.
4. Award Base Bid 1 - Partial Closure - Concrete to Texas Sterling Construction
OTHER CONSIDERATIONS:
Based on Federal Highway Administration's Life Cycle Cost Analysis both sections have a similar Net
Present Day Value. A Public Meeting was held on August 25, 2011; and the general consensus was
favorable for full -closure and concrete pavement.
FINANCIAL IMPACT:
❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP
FISCAL YEAR: 2011-2012
Prior Year
CIP Only)
Current Year
Future Years TOTALS
Budget
$1,155,123.38
$10,722,976.62
$11,878,100.00
Encumbered/Expended Amt.
$1,155,123.38
$1,479,011.27
$2,698,591.96
This item
$6,318,966.32
$6,31 -8,96 -6 -32 -
966.32BALANCE
BALANCE
$2,860,541.72
FUNDS (S): Street CIP
City staff recommends that the contract be awarded to Texas Sterling Construction of Houston,
Texas in the amount of $6,318,966.32 for the Base Bid 2 (Full Closure with Concrete Pavement).
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding bid process; FY 2011-12 Capital Budget.
Not Applicable.
DEPARTMENTAL CLEARANCES:
Streets
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Cc: Veronica Ocanas, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Juan Perales, Jr., P.E., Assistant City Manager
-264-
R:\Engineenng DataExchmge\VELM"\S7REEn6465 ADU1I M ROAD\CONSTRIlCT1T OM\ 65-Exewtive Sum .docx
PROJECT BUDGET
Airline Road from Saratoga Boulevard to Rodd Field Road
Project No. 6465
September 20, 2011
FUNDS AVAILABLE:
Streets CIP (Bond 2008) $8,050,000.00
Utilities CIP $3,828,100.00
Total $11,878,100.00
FUNDS REQUIRED:
Construction: (Texas Sterling Construction) $6,318,966.32
Contingencies $631,896.63
Consultant Fees:
Consultant (HDR Engineering) * $1,296,316.00
Materials Testing (Rock Engineering & Testing) $126,379.33
Reimbursements
Contract Administration (Contract Preparation/Award/Admin) $221,375.00
Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $281,750.00
Finance Issuance $100,625.00
Misc. (Printing, Advertising, etc.) $40,250.00
TOTAL $9,017,558.28
ESTIMATED PROJECT BUDGET BALANCE $2,860,541.72
* Contract was awarded by City Council on October 19, 2010.
-265-
AIRLINE ROAD FROM SARATOGA CITY COUNCIL DCHIBIT
CITY OF CORPUS CHRISTI TEXAS
BOULEVARD TO RODD FIELD ROAD DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 1
BOND ISSUE 2008 01 - -
--
DATE: 9/20/2011 w
-266-
24
DATE: September 8, 2011
TO: Ronald L. Olson, City Manager
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
FROM: Stephen Draper, Director, Department of Development Services
StephenD@cctexas.com
(361) 826-3568
Recommendation on a Time Extension of a Special Permit
granted in association with Zoning Case 0710-01
approved on August 24, 2010
CAPTION:
Motion -'approving a time extension of a Special Permit (SP) originally granted and approved on August 24,
10, see Ordinance No. 028735, upon the request of Proportional Prosperity, LLC, with regard to 2.12 acres
of Las Colonies Unit 4, Block 1, Lots 25, 26, 27 located at 1302 Saratoga Boulevard on the northeast corner of
Saratoga Boulevard and Calle Las Colonies Drive, for the continued use of the property as a warehouse with
outdoor storage.
BACKGROUND AND FINDINGS:
The proposed Special Permit (SP) time extension, requested by Proportional Prosperity, LLC is the third zoning
action for the property. The property was originally rezoned to the '1L/SP" Light Industrial District with a Special
Permit ('1-2/SP") in early 2009. No development or improvements occurred on the property, therefore as per
condition concerning time limits of the Special Permit the permit was deemed expired. The applicant filed for
another change of zoning in July 2010. Another special permit was granted in August of 2010 by City Council. Since
then, no development or improvements have occurred on the property. The applicant requested a time extension
and the matter was heard by the Planning Commission on August 17, 2011. Although the expiration date for this
SP is August 24, 2011, because the City process for extension began prior to that date, the expiration is held in
abeyance until the completion of the process. While the applicant has requested a twelve month extension it is
staff's recommendation to approve a six month time extension previously approved by the Planning Commission.
ALTERNATIVES: While staff is recommending only a six month extension, as an alternative a motion granting
the applicant's requested one year time extension of the Special Permit could be considered.
N/A
CONFORMITY TO CITY POLICY: N/A
EMERGENCY / NON -EMERGENCY: Emergency action. Immediate action is necessary in order to effectively
and equitably preserve the applicant's zoning change with special permit (SP), as per Charter Art. II, Sec. 14.
DEPARTMENTAL CLEARANCES: N/A
—269—
FINANCIAL IMPACT:
X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures
CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered /
Expended Amount
This item
BALANCE
RECOMMENDATION:
Planning Commission and Staff recommend a time extension of six (6) months is granted to the Special Permit
passed by Ordinance 028735.
LIST OF SUPPORTING DOCUMENTS:
Zoning Report
Ordinance No. 028735
Approvals: Deborah Brown, Assistant City Attorney
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Rudy Garza, Assistant City Manager
-270-
CITY COUNCIL ZONING REPORT
Case No.: 0710-01 Time Extension Request
Planning Commission Hearing Date: August 17, 2011
Staffs Summary from orieinal zonin case:
• Request: The applicant is requesting a change in zoning to the "IL" Light Industrial District ("I-2"
Light Industrial District) to convert the facility to a vehicle warehouse for the police department.
• Existing Land Uses: The subject property is currently a vacant commercial building. Commercial
uses are located to the east and west. Low density residential homes exist to the north and to the
south are outside the Corpus Christi City Limits (OCL) yet is described as vacant.
Existing Zoning: The subject property is zoned "CG -2" General Commercial District ("B-4"
General Business District). The purpose of the "CG -2" General Commercial District ("B-4" General
Commercial District) is to provide for various commercial uses, personal services, automotive
services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "CG -2"
General Commercial District ("B-4" General Commercial District) requires a minimum 20 -foot
front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side
and rear set back is required.
• Proposed Zoning: The purpose of the "IL" Light Industrial District ("I-2" Light Industrial District)
is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or
low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the
—271—
Applicant: Proportional Prosperity, LLC
a
Owner: Proportional Prosperity, LLC
a a a
Representative: Marco Gamboa
aAddress:
1302 Saratoga Boulevard
A
Legal Description/Location: 2.12 acres of Las Colonias, Unit 4, Block i Lots 25, 26, and 27
C
located at 1302 Saratoga on the northeast corner of Saratoga Blvd and Calle Las Colonias Dr.
From: "CG -2" General Commercial ("B-4" General Business District)
e
To: "IL" Light Industrial ("I-2" Light Industrial District)
e' a
Area: 2.12 Acres
N a
Purpose of Request: The applicant is requesting an extension of the Special Permit granted in
association with this zoning case.
Zoning
Existing Land Use
Future Land Use
Site
"CG -2" General Commercial District
Commercial
Commercial
"B-4" General Business District
North
`QRS -4S" Single-family 4.5 District
Low Density
Commercial
("R -IC" One -family Dwelling Dist.)
Residential
South
Outside City Limits (OCL)
Vacant
Medium Density
Residential
East
"CG -2" General Commercial District
Vacant
Commercial
B-4 General Business District)
West
"CG -2" General Commercial District
Vacant
Commercial
("B-4" General Business District
d1 „
Area Development Plan: This tract of land is located in the Westside Area Development Plan
o°
a
and is planned for commercial uses. The proposed change in zoning is not consistent with the
adopted Future Land Use Plan which designates the area for commercial uses.
�+
Map No.: 051,037
Zoning Violations: None
Staffs Summary from orieinal zonin case:
• Request: The applicant is requesting a change in zoning to the "IL" Light Industrial District ("I-2"
Light Industrial District) to convert the facility to a vehicle warehouse for the police department.
• Existing Land Uses: The subject property is currently a vacant commercial building. Commercial
uses are located to the east and west. Low density residential homes exist to the north and to the
south are outside the Corpus Christi City Limits (OCL) yet is described as vacant.
Existing Zoning: The subject property is zoned "CG -2" General Commercial District ("B-4"
General Business District). The purpose of the "CG -2" General Commercial District ("B-4" General
Commercial District) is to provide for various commercial uses, personal services, automotive
services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "CG -2"
General Commercial District ("B-4" General Commercial District) requires a minimum 20 -foot
front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side
and rear set back is required.
• Proposed Zoning: The purpose of the "IL" Light Industrial District ("I-2" Light Industrial District)
is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or
low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the
—271—
.0
Page 1 of 4
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY PROPORTIONAL PROSPERITY, LLC, BY CHANGING THE
ZONING MAP IN REFERENCE TO 2.12 ACRES OF LAS COLONIAS,
UNIT 4, BLOCK 1, LOTS 25, 26, AND 27, FROM `B-4" GENERAL
BUSINESS DISTRICT TO "B-41SP" GENERAL .BUSINESS DISTRICT
WITH A SPECIAL PERMIT TO ALLOW THE USE OF A WAREHOUSE
WITH OUTDOOR STORAGE, SUBJECT TO A SITE PLAN AND FIVE
(5) 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; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Proportional Prosperity, LLC, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 7, 2010, during a meeting of the Planning Commission, and on Tuesday, August
24, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.12 acres of Las Colonias, Unit 4, Block 1, Lots
25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard
and Calle Las Colonias Drive, from "134" General Business District to "B-4/SP" General
Business District with a Special Permit to allow the use of a warehouse with outdoor
storage, subject to a site plan, attached, and five (5) conditions. (Zoning Map 051037)
(Exhibit A)
SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to
the following five (5) conditions:
Uses: The only uses permitted by the Special Permit other than those
uses permitted by right in the "B-4" General Business District is the use of
the property for a warehouse use with outdoor storage. The outdoor
storage shall be located on Lots 26, and 27 with a setback of 50 feet from
H:1LEG-DIR1Shared\LEGAL-DEV.SVC512010 AgentIMS-241CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 8.4
To BASP.Doo
02SY35
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Page 2 of 4
the rear property lines and not within the 20 foot front yard setback, such
storage may not project above the fence.
2. Landscaping: Landscaping must be provided in accordance with Article
2713, Landscape Requirements, as if new construction. All plant material
must be kept in a healthy growing condition at all times. All landscaping
must be installed prior to the issuance of a Certificate of Occupancy.
3. Screening: The fencing of outdoor storage shall consist of the existing
cyclone fence covered by an opaque privacy mesh. Such fence with
mesh shall be located along the northern, eastern property lines, and
along southern property lines of Lots 26 and 27. Mesh to be placed along
the western fence line, which does not impede the security sensors for
ingress/egress to the property.
4. Lighting: All overhead lighting shall be shielded and directed away from
adjacent residential properties.
5. Time Limit: Such Special Permit shall be deemed to have expired within
12 months of the date of this ordinance, unless the property is being used
as outlined in Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35-3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 8. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:%LEG-DIR\Shared%LEGAL-DEV.SVCS%2010 Agenda%8-24\CASE NO. 0710-01 PROPORTIONAL PROPERTIES, LLM070101 B-4
To B-4SP.Doc
—273—
Page 3 of 4
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so �h" �t this ordinance is passed upon first reading as an emergency
measure on this �Yay of4� 2010.
ATTEST:
7
Armando Chapa
City Secretary
APPROVED: 60-1 2010
e rah Walther Br n
Assistant City Attom
For City Attorney
CITY OF CORPUS CHRISTI
Joe A e
Mayor, City of Corpus Christi
H:1LEO-DIRWSharediLEGAL-DEV.SVCSA2010 AgencIMS-24CASE NO, 0710-01 PROPORTIONAL PROPERTIES, LLC1070101 B-4
To B-4SP.Doo
—274—
Page 4 of 4
Cor�puuss, Christi, Texas ,
o� 7 day of u s �, 2010
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Council Members
The above ordinance was passed
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Respectfully,
Joe Ad me
Mayor, City of Corpus Christi
by the following vote:
W+ECTNE DATE
2010
H:\LEG-DIR1SharedM-EGAL-DEV.SVCS12010 AgendaNS-24\CASE NO. 0710-01 PROPORTIONAL PROPERTIES, 1-1.0070101 B-4
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CASE .0710-Q'1
EXHIBIT B
PLANNING COMMISSION &
STAFF RECOMMENDATION
Front B*4
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-276-
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Zoning Report
Case #;0710-01, Proportional Prosperity, LLC
Page 2
city. Residential uses are not allowed. The "IL" Light Industrial District ("I-2" Light Industrial
District) requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are
required unless the property abuts a residential district; in which case a 10 -foot side and rear set
back would be required. The "IL" Light Industrial District ("1-2" Light Industrial District) does not
have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area
intensity factor requirement.
• Transportation and Circulation: The subject property has access to Saratoga Boulevard and Calle
Las Colonias. The Urban Transportation Plans designates Saratoga Boulevard as an A3 Primary
Arterial -Divided and Calle Las Colonias as a C 1 Minor Residential Collector.
o CORPUS CHRISTI POLICY STATEMENTS:
a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED
AREA DEVELOPMENT PLANS.
The City Council adopted area development plans shall be used as a guideline for zone
changes and subdivision development decisions. In addition, the area development plans
will provide a legal foundation upon which the City Council and the Planning
Commission should base their land development decisions. However, area development
plans should be flexible and are subject to revisions if conditions have changed since
approval of an area development plan and/or if the proposed changes are consistent with
the adopted Comprehensive Policy Statements.
Staff Comment. The subject property is an existing commercial use that does not require
a more intense district; rather a special permit should be issued. The "CG -2" General
Commercial District ("B-4" General Business District) is not consistent with the future
land use.
d. WHEN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL
ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE
REMAINING RESIDENTIAL ENVIRONMENT.
There are a number of industrially zoned areas containing housing concentrations that
range in size from one-half to several full blocks. Although these areas are not suitable
for continued long-term housing, they currently provide much needed housing for
residents. If these areas are to be redeveloped for industrial uses, care must be taken to do
so in a manner that is sensitive to the interests and needs of the residents.
Staff Comment. The subject property will have effective screening, lighting, and
landscaping to improve the aesthetics of the project.
o WESTSIDE AREA DEVELOPMENT PLAN
—278—
Urban
Traffic
Street
Existing ROW
Planned ROW
Transportation
Volume
CDesignation
2008
Saratoga
160'/ 54' paved,
130'
A3 Primary
13,232
Boulevard
4 -Lanes
Arterial -Divided
Calle Las
60'/40' paved,
Colonias
2 -lanes
60'
Residential
N/A
Collector
o CORPUS CHRISTI POLICY STATEMENTS:
a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED
AREA DEVELOPMENT PLANS.
The City Council adopted area development plans shall be used as a guideline for zone
changes and subdivision development decisions. In addition, the area development plans
will provide a legal foundation upon which the City Council and the Planning
Commission should base their land development decisions. However, area development
plans should be flexible and are subject to revisions if conditions have changed since
approval of an area development plan and/or if the proposed changes are consistent with
the adopted Comprehensive Policy Statements.
Staff Comment. The subject property is an existing commercial use that does not require
a more intense district; rather a special permit should be issued. The "CG -2" General
Commercial District ("B-4" General Business District) is not consistent with the future
land use.
d. WHEN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL
ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE
REMAINING RESIDENTIAL ENVIRONMENT.
There are a number of industrially zoned areas containing housing concentrations that
range in size from one-half to several full blocks. Although these areas are not suitable
for continued long-term housing, they currently provide much needed housing for
residents. If these areas are to be redeveloped for industrial uses, care must be taken to do
so in a manner that is sensitive to the interests and needs of the residents.
Staff Comment. The subject property will have effective screening, lighting, and
landscaping to improve the aesthetics of the project.
o WESTSIDE AREA DEVELOPMENT PLAN
—278—
Zoning Report
Case #:0710-01, Proportional Prosperity, LLC
Page 3
C.5 - POLICY STATEMENT
High-intensity commercial and industrial areas should be buffered to provide transition
from residential areas through the existence of:
A) Main roads;
B) Public and institutional buildings;
C) Open Space;
D) Scale of Design
E) Landscaping; and
F) Other transitional land uses.
Staff Comment: The subject property is a commercial venture with tourist implications;
due to the fact of boat repair being the primary use of the property.
C.6 — Policy Statement
Industrial properties should be required to minimize undesirable "spillover effects" into
residential and commercial areas (this includes noise, air pollution, negligent visual
blight, etc.) by means of property layout -out and organization of activities by screening
and maintaining buffer areas or zones for their activities.
Staff Comment: The subject property will require conditions to allow for an industrial
use.
Plat Status:
The subject property is platted.
Department Comments:
This case recommendation is based on a previous zoning case # 0109-05, which approved a Special
Permit for outdoor storage.
The applicant as part of a process of a long term lease with the City as a warehouse use.
The subject property was rezoned with a special permit on April 21, 2009 to allow for outdoor
storage uses, subsequently, the property was not used for outdoor uses and the special permit
expired on April 21, 2010.
Special Permit Conditions as accepted by City Council:
Denial of applicant's request to rezone the subject property to the "IL" Light Industrial District ("I-2"
Light Industrial District) in lieu thereof approval of a rezoning to "CG-2/SP" General Commercial
District with a Special Permit (`B-4/SP" General Business District with a Special Permit) and subject to a
site plan and the following five (5) conditions:
1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the
"B-4" General Business District is the use of the property for a warehouse use with outdoor
storage. The outdoor storage shall be located on Lots 26 and 27 with a setback of 50 feet from the
rear property lines and not within the 20 foot front yard setback, such storage may not project
above the fence.
2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape
Requirements, as if new construction. All plant material must be kept in a healthy growing
condition at all times. All landscaping must be installed prior to the issuance of a Certificate of
Occupancy.
-279-
Zoning Report
Cele #:0710-01, Proportional Prosperity, LLC
Page 4
3. Screening: The fencing of outdoor storage shall consist of the existing cyclone fence covered by
an opaque dark green privacy mesh. Such fence with mesh shall be located along the northern,
eastern property lines, and along southern property lines of Lots 26 and 27. Mesh to be placed
along the western fence line, which does not impede the security sensors for ingress/egress to the
property.
4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed
away from adjacent properties.
5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of
this ordinance, unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
Plannine Commission and Staff Recommendation of the proposed Special Permit Time Extension:
The proposed Special Permit (SP) time extension is the third zoning action for the property. The property
was originally rezoned to the "IL/SP" Light Industrial District with a Special Permit ("I-2/SP") in early
2009. No development or improvements occurred on the property, therefore as per condition concerning
time limits of the Special Permit the permit was deemed expired. The applicant filed for another change
of zoning in July 2010. Another special permit was granted in August of 2010 by City Council. Since
then, no development or improvements have occurred on the property. Therefore, due to the time limit
condition of the latest special permit, it expired on August 24, 2011.
Planning Commission and Staff recommend a time extension of six (6) months is granted to the Special
Permit passed by Ordinance 028735.
Number of Notices Mailed Total — 30 within 200 foot notification area; 2 outside notification area
o �
d
8 w As of June 18, 2010
oFavor — 0 (inside notification area); 0 (outside notification area)
U a Opposition — 0 (inside notification area); 0 (outside notification area)
Attachments: 1. Neighborhood 2009 Aerial
2. Neighborhood—Existing Land Use
3. Neighborhood — Future Land Use
4 Existing Zoning, Notice area, Ownership.
25
&ty
uofs
pnsti
DATE: August 31, 2011
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director
M ichaelMo(Mcctexas. com
361-826-3464
AGENDA MEMORANDUM
for the City Council Meeting of September 27, 2011
Proposed art donation and location of sculpture "Wind Dancer",
donated by Dusty Durrill
PURPOSE: Motion to authorize the City Manager or designee to execute an agreement with Dusty
Durrill for the donation and acceptance of the bronze sculpture "Wind Dancer" by the artist H.W. Tatum
to be placed in Cole Park.
BACKGROUND AND FINDINGS: The bronze sculpture, Wind Dancer", by artist H.W. "Buddy" Tatum,
has been commissioned by Dusty Durrill and offered as a donation to the City of Corpus Christi. The
proposed location is a point of land at Cole Park between Amistad St. and Oleander Ave.
ALTERNATIVES: Do not accept donation of art; do not accept proposed location.
OTHER CONSIDERATIONS: The proposal includes an engineered and windstorm certified
foundation, recessed lighting, and an ADA compliant walkway for easy and safe access to the
proposed sculpture location.
FINANCIAL IMPACT:
o Not Applicable X Operating Expense ❑ Revenue ❑ CIP
Fiscal Year: 2010-2011
Project to date
exp (CIP Only)
Current Year
Future Years
TOTALS
Budget
(maintenance)
Encumbered/Expended Amt.
This item
Balance:
Comments: Routine maintenance will be required.
RECOMMENDATION: The Arts and Cultural Commission voted to recommend acceptance of this
donation of art, "Wind Dancer" at their July 12, 2011 meeting. Commissioners requested that the
lighting be white and make known there would be continuing maintenance costs. The Commissioners
also suggested that the proposal be presented to the Parks and Recreation Advisory Committee, due to
the possible implications of the Cole Park Master Plan. At their August 10, 2011 meeting, the Parks and
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Page 2 of 2
Recreation Advisory Committee voted to recommend acceptance of the donation of art, "Wind Dancer".
Staff recommends approval of the Memorandum of Understanding.
CONFORMITY TO CITY POLICY: When any work of art is placed on city property or becomes the
property of the city by gift, together with the proposed location, the work of art may be submitted to the
Arts and Cultural Commission for its recommendation to City Council.
EMERGENCY / NON -EMERGENCY: non -emergency
DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, Risk
LIST OF SUPPORTING DOCUMENTS:
Powerpoint presentation
Memorandum of Understanding
Exhibit A — Proposed Sculpture
Exhibit B — Map of Proposed Location
Exhibit C — Insurance Requirements
Cc: Lisa Aguilar, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager
::
WMID DANCE ---1--.,R
By H.W. Tatum
d by Dusty Durrill
The wind is a spirit, an
ethereal energy That can't
be captured or contained .
we can only bend it, caress it,
redirect It for a moment, tap
its energy, flow with it and
dance with it
1
Sculpture
-Designed by H.W. Tatum
-Sculpture will be forged in bronze
-Encompasses the wind and the water
Latitude: 27°46'0.75"N
Longitude: 97°23'3.o 6"W
-On Ocean Drive between Amistad
and Oleander Ave.
•A popular spot in Corpus Christi
for windsurfing.
-Overlooks the bay and downtown
-Walkway is frequently used for
recreation of all sorts.
Pedestal
-The ordinal and cardinal points of
a compass
-Serve as benches
-Pedestal will be constructed
wilth concrete and granite
2
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QU TIONS
3
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AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI AND DUSTY DURRILL
FOR DONATION AND ACCEPTANCE OF A SCULPTURE
RECITALS
THIS AGREEMENT ("Agreement"), is made this _ day of ,
2011, by and between the City of Corpus Christi ("the City"), and Dusty Durrill
("Donor"), for the purpose of establishing a contractual relationship under which
Donor will procure and donate, deliver and install, and the City will accept, a
bronze -case sculpture including lighting, pedestal, and a walkway, for display on
City property at the Cole Park, Corpus Christi, Texas.
WHEREAS, Donor's agent has provided a letter to the City outlining the
Donor's offer to commission the creation of an original cast bronze sculpture
("the Sculpture") from artist Buddy Tatum ("the Artist") with the intention of
donating the same to the City as a gift; and
WHEREAS, the City and Donor (collectively "the Parties") desire to
formalize their contractual relationship regarding the procurement and transfer of
the Sculpture, and to define their rights, obligations and liabilities therefore;
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, it is agreed by and between the parties as follows:
TERMS
1. Donation of Sculpture, lighting, pedestal, and walkway. Donor agrees
to procure and donate the Sculpture to the City, and the City agrees to accept the
sculpture, according to the terms of this Agreement. In addition, Donor agrees to
procure and donate the support pedestal, lighting, and a walkway, for City
Manager review of plans and acceptance.
2. Specifications of Sculpture. The Sculpture shall be a bronze -case
creation by artist Buddy Tatum, as shown and represented in the drawings and
photos included as Exhibit 1, attached to this agreement and herein incorporated.
The estimated dimensions of the Sculpture are: 16'height x 2.3'width x
10.5'depth. The estimated weight of the sculpture is 1,700 pounds.
The Sculpture shall include a bronze explanatory plaque identifying the Artist and
recognizing the Donor. The actual size, design, and wording of the explanatory
plaque shall be subject to the final approval of the City Director of Parks and
Recreation, whose approval shall not be unreasonably withheld. Donor shall
ensure that the Sculpture and pedestal are engineered for structural integrity and
windstorm certified.
3. Donor's Responsibilities. Donor shall procure and donate the Sculpture
including lighting, pedestal, and walkway to the City no later than 30 months after
the signing of the contract with Buddy Tatum, but in no event no later than
December 31, 2013.
1
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Donor shall provide City Director with original signed letter from the Artist in
which the Artist grants to the City an unlimited license to graphically reproduce
the Sculpture for municipal noncommercial purposes in City brochures, catalogs,
and use in any City media or other City publications. City shall endeavor to
include the Artist name and sculpture title in the City publications or
reproductions. This provision shall survive termination or expiration of this
agreement.
Donor shall be solely and exclusively responsible for contacting, communicating
with, and coordinating delivery of the Sculpture from the Artist to the City.
Donor shall be solely and exclusively responsible for all costs related to
procurement, delivery, and installation of the Sculpture, and the lighting,
pedestal, and adjacent walkway components.
Donor shall provide to City any instructions received from the Artist regarding
routine maintenance required for the sculpture.
Donor shall endeavor to obtain an appraisal with a detailed description of the
Sculpture and the current appraised value to assist City with insurance
procurement.
Donor shall ensure that all work performed on the City property complies with all
applicable City, State, and Federal codes, statutes, ordinances and regulations.
4. City's Responsibilities. The City shall accept delivery, receipt and
ownership for the Sculpture at a mutually acceptable time and place. City shall
be responsible for on-going costs to maintain the sculpture, subject to availability
of funding.
5. Project Site. Donor shall arrange for the delivery and installation of the
Sculpture and associated pedestal, lighting and walkway, at the location in Cole
Park as depicted in the attached Exhibit 2. Should City Engineering or Utility staff
determine that this location is not suitable for the installation due to engineering
structural analysis or impact to City utility infrastructure, then the Director of
Parks and Recreation is authorized to work with Donor to identify another more
suitable location within Cole Park for placement of the sculpture.
6. Risk of Loss or Damage. Donor shall be solely responsible and assume
all risk of loss or damage to the Sculpture until receipt and acceptance thereof by
the City. Acceptance by the City shall occur after delivery and successful
installation at the project site.
7. Installation of Sculpture. Donor shall insure that its contractor hired by
Donor to install the Sculpture presents and reviews the construction plans with
City Engineering and Parks and Recreation Departments and for their prior
approval. Donor must include,.in all construction contracts entered into for the
installation of the sculpture and any additional components described herein, a
provision requiring the Donor's contractor, to indemnify, hold harmless, defend
and insure City, including its officers, agents, and employees, against the risk of
legal liability for death, injury or damage to persons or property, direct or
2
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consequential, arising or alleged to arise out of, or in connection with, the
performance of any or all of the work, whether the claims and demands made are
just or unjust, unless same are caused by the gross negligence or willful act of
City, its officers, agents, or employees. Specific language is as follows:
Donor shall require Contractor to obtain the insurance described in the attached
Exhibit 3 and applicable permits prior to beginning work on City property.
8. Relationship of Parties. No agent, employee, representative or
subcontractor of Donor shall be deemed to be the employee, agent,
representative or subcontractor of the City. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance and
unemployment insurance, are available from the City to Donor or its employees,
agents, representatives or subcontractors. Donor will be solely and entirely
responsible for its acts and for the acts of Donor's agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. Expiration; Termination. This Agreement shall expire automatically
upon the City's receipt and acceptance of the Sculpture. Once the commission
contract is signed with the artist, neither the City nor the Donor can terminate this
agreement.
10. Indemnification/Hold Harmless. Donor shall defend, indemnify and hold
the City, its officers, officials, employees and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorney fees, arising out of
or in connection with the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. The provisions of this
section shall survive the expiration or termination of this Agreement.
11. Entire Agreement. The written provisions and terms of this Agreement,
together with all documents attached hereto, shall supersede all prior verbal
statements of any officer or representative of and such statements shall not be
effective or construed as entering into or forming a part of, or altering in any
manner whatsoever, this Agreement.
12. Modification. No waiver, alteration or modification of any of provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized
representative of City and Donor.
13. Assignment. Any assignment of this Agreement by Donor without the
written consent of the City Director of Parks and Recreation shall be void.
14. Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed below. Any written notice hereunder
shall become effective as of the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address
stated in this Agreement or such other address as may be hereinafter specified in
writing.
15. Non -Waiver of Breach. The failure of the City to insist upon strict
performance of any of thecovenants and agreements contained herein, or to
3
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exercise any option herein conferred in one or more instances shall not be
construed to be a waiver or relinquishment of said covenants, agreements or
options and the same shall be and remain in full force and effect.
16. Resolution of Disputes, Governing Law. Should any dispute,
misunderstanding or conflict arise as to the terms and conditions contained in
this Agreement, the matter shall be referred to the City Manager, whose decision
shall be final. In the event of litigation arising out of this Agreement, the
prevailing party shall be reimbursed for its reasonable attorney fees from the
other party. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date and year above written.
CITY OF CORPUS CHRISTI
By:
Ronald L. Olson, City Manager
CITY CONTACT
City Manager
1201 Leopard Street
Corpus Christi, Texas 78401
DU:
rLT.i•Iammn�
Donor Address:
Dusty Durrill
fol5 S. dimer Broad wsay
Copr1, 1%Tiy 71rVo/
Artist Address:
Buddy Tatum
5030 Bonner
Corpus Christi, Texas 78412
APPROVED AS TO FORM: �?p I/
By: v\y vrt
Lisa Aguuftp�
—
Assistant City Attorney
For City Attorney
-295-
EXHIBIT 1
"Wind Dancer" Sculpture
Buddy Tatum, Artist
Estimated dimensions
Wheight x 2.3'width x 10.5 depth
Estimated weight 1,700 lbs
-296-
Exhibit 2
Location of Artwork
s"�$"'�'-Fgff .ua ;.,� z"R .,"C � aar sub'" ` .:F a+..d '3�, ""^' f7 ?f^ e
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Proposed I ocation
"Wind Dancer"
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• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
Policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non -renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during
this contract. Failure to provide and to maintain the required insurance shall
constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor to
stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2011 Cole Park Art Donation installation ins. req.
6-16-11 ep Risk Mgmt.
26
City Of AGENDA MEMORANDUM
us
o Christi for the City Council Meeting of September 20, 2011
Kr1iV
DATE: August 31, 2011
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director mm
M ichaelMo(a)cctexas. com
361-826-3464
PRESENTATION — Parks, Recreation and Open Space Master Plan Update
STAFF PRESENTERM.
Name
1. Michael Morris
OUTSIDE PRESENTER(S):
Name
1. Lloyd Lentz
2. Kimberly Annis
BACKGROUND:
Title/Position
Director
Title/Position
Senior Landscape Architect
Park Planner
Department
Parks and Recreation
Ornanization
Halff Associates
Halff Associates
On October 26, 2010 City Council approved a contract with Halff Associates to prepare the 2012 Parks,
Recreation and Open Space Master Plan.
This presentation will provide an overview of the work completed on Phase 1 — Inventory, Data
Collection and Analysis; and shall provide information on the preliminary work done and the work
remaining to be completed on Phase 2 — Master Plan Recommendations.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint
Cc: Oscar Martinez, Assistant City Manager
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C"i't�y
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1. Cole Park 36.2% 1. Cole Park
2. West Guth 9.2% 2. West Guth
3. Parks Along Ocean Dr. 4.1 % 3. Lamar
4.
Holly Road (T)
2.3%
4.
Hans & Pat Suter
4.
Swantner (T)
2.3%
5.
Swantner
5.
Doudon
2.1%
6.
Lakeview
6.
Oso Park
1.8%
7.
Beaches / Bay Front
7.
Labonte
1.2%
8.
Collier
8.
Oak Park (T)
0.9%
9.
Ropes
8.
St. Andrews (T)
0.9%
10.
Blucher (T)
9.
Aquarius (T)
0.7%
10.
McGee Beach (T)
9.
Gypsy (T)
0.7%
9.
Hans & Pat Suter (T)
0.7%
29.9%
4.5%
3.4%
2.7%
2.4%
2.3%
2.2%
1.9%
1.7%
1.4%
1.4%
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need
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30.0%
Excellent- I am
very satisfied,
17.1%
Good - I am7
somewhat
satisfied, but
they could be
better, 44.6%
Fair - I am not
satisfied. They
need
impovement,
40.6%
Poor- I am very
unsatisfied. Need
a lot of
improvement,
20.8%
Good - I am
somewhat
satisfied, but
they could be
better, 35.2%
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❑ Current Parks Master Plan - 2002 Through 2010
LJ This Master Plan — 2012 Through 2020
❑ address Key Issues including:
Create "Business Plan" for Parks and recreation
o Park and facility locations and condition
o Demographic trends and changing recreation needs
o Priorities for parks and recreation 2012 — 2020
o Parkland acquisition and disposition
o Reduction of maintenance costs
o Identification of funding sources and partners ��.�_•!i
CORPUS
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❑ Seven Planning Area Meetings —1 per Planning Area
❑
Master Plan Committee Meetings
❑ PRAC
❑ Special Interest Group Meetings
o Athletics
o senior Citizens
o The Arts
Persons With Disabilities
❑ MPO Transportation Committee Meeting
❑ Surveys— Telephone and Web CHRP�S
CHRISTI
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;, lxrisl Corpus Christi Parks Master Plan Update
Phone Survey
o Under Age 45 = 20.6%
o Over Age 65 = 36.8%
o Income Less Than $25K = 17.7%
o Income Over $50K = 58.7%
o Children In Home = 29.5%
o Visit Park At Least Weekly = 14.5%
o Visit Park Monthly or More = 39.1%
o HH's With Disabled Person = 1 in 6
Web Survey
o Under Age 25 = 53.7%
o Over Age 65 = 7.6%
o Income Less Than $25K = 7.4%
o Income Over $50K = 71.8%
o Children In Home = 40.1%
o Visit Park At Least Weekly = 32.8%
o Visit Park Monthly or More = 66.6%
o HH's With Disabled Person = 1 in 11(��—"
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Phone Survey
Children"
1.Play on Playground
2. Basketbal I
3.Swim at City Pool
4.Football
5.Soccer
Adults
1.Walking / Jogging
2.Fishing — Saltwater
3.Go to the Beach
4.Golf
5.Fishing - Freshwater
Web Survey
Children"
1.Play on Playground
2.Swimming
3.Picnicking
4.Walking & Jogging
5 -Walk & Play w/ Family Dog
Adults
1.Walking / Jogging
2.Picnicking
3.Walk & Play w/ Family Dog
4.Swimming
5.Bicycling
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Phone Survey
Children"
1.Swim — City Pool
2.Walk / Play With Dog
3. Basketbal I
4.Football
5.Playground
Adults
1.Walking / Jogging
2.Fishing — Saltwater
3.Picnicking
4.Music / Dance / Theater
5.Bicycling
Web Survey
Children"
1.Art Classes
2.Canoeing / Kayaking
3.Fitness Class / Program
4.1-lorseback Riding
5.Music, Dance Theater
Adults
1.Fitness Class / Program
2.Canoeing / Kayaking
3.Art Classes
4.1 -liking
5.Music, Dance, Theater
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LJTabulate Phone and Web Responses
LJ Master Plan Committee Review of Phone and Web
Responses and Ranking of Priorities
LISenior Park Staff Review of Phone and Web
Responses and Ranking of Priorities
❑Final Score /Ranking Tabulation
CORPUS
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2.
.
4.
5.
.
Corpus Christi Parks Master Plan Update
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Swimming & Water Play (T)
Walking, Jogging and Bicycling (T)
Picniclin (T)
Byrd Watching, Mature Study & Education (T)
Fitness Classes & Programs (T)
Music,, Dance & Theater
Canoeing & Kayaking
Festivals & Special Events
Fishing — Sa Itater (T) •
Playground.Playgrounds& Playground Equipment T �
CORPUS
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11
Corpus Christi Parks Master Plan Update
WhsTs 13g W(E Cho FTom HeTsl
Phase 2 Preliminary Master Plan, Public Involvement,
Final Master Plan, Adoption
— Recommend Policies and Strategies
— Prepare Master Plan b "Planning Areas"
— Parr Land Acquisition, Disposition, Facility Renovations
— "Partnering" Opportunities
Schedule,, Budgets and Funding sources
Public Involvement— 5 meetings
— City review — PI AC, Planning Commission, City Council
CORPUS
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PARKS&
RECREATION
Questions?
CORPUS
CHRISTI
PARKS&
RECREATION
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