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Home My WebLink About030015 ORD - 11/19/2013Ordinance amending the Street Maintenance Fee Payment and Appeals Process adopted by Ordinance No. 029900 on July 16, 2013; amending Exhibit "A" of Ordinance No. 029877 adopted on June 25, 2013 to modify, for consistency purposes, certain Institute of Transportation Engineers (ITE) Codes; and amending Article XX of Chapter 55 of the Code of Ordinances to codify the modified Trip Factor Index. WHEREAS, on July 16, 2013, by Ordinance No. 029900, the City Council adopted a Payment and Appeals Process for the Street Maintenance Fee, shown as Exhibit "A" to that Ordinance No. 029900; WHEREAS, on June 25, 2013, by Ordinance No. 029877, the City Council adopted a Trip Factor Index for the Street Maintenance Fee, shown as Exhibit 'A" to that Ordinance No. 029877; WHEREAS, on July 30, 2013, by Ordinance No. 029917, the City Council codified Ordinance No. 029876 and Ordinance No. 029877, the ordinances that established the Street Maintenance Fee and Rates, respectively, under a new Article XX of Chapter 55 of the Code of Ordinances; WHEREAS, the Payment and Appeals Process has been further refined and requires certain amendments; WHEREAS, the Trip Factor Index was modified to add residential Institute of Transportation Engineers (ITE) Codes for consistency with the previously approved ordinance, and the ITE Code for golf courses was modified for consistency with the ITE Trip Generation Manual. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 029900 adopted on July 16, 3013 is amended by replacing the existing Exhibit "A" referenced in Section 1 of Ordinance No. 029900, the Payment and Appeals Process for the Street Maintenance Fee, with the new Exhibit "A" attached to this Ordinance as Attachment #1, in order to effect further refinements to the Payment and Appeals Process as shown in the document attached to this Ordinance as Attachment #3. SECTION 2. Ordinance No. 029877 adopted on June 25, 2013 is amended by replacing the existing Exhibit "A" referenced in Section 3 of Ordinance No. 029877 with the new Exhibit "A" attached to this Ordinance as Attachment #2, in order to make certain modifications, for consistency purposes, to the Institute of Transportation Engineers (ITE) Codes shown on the Trip Factor Index. SECTION 3. Article XX of Chapter 55 of the City of Corpus Christi Code of Ordinances is amended by replacing the existing Trip Factor Index (Exhibit "A" of Ordinance No. 029877) with the new Exhibit "A" Trip Factor Index -- attached to this Ordinance as Attachment #2, in order to codify the above modifications to the Trip Factor Index. 5 INDEXED SECTION 4. If for any reason any section, pa ,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 smct|on, panagnaph, subdivision, c|auee, phnaee, word or provision hereof be given fuU force and effect for its purpose. ATTEST: T-Ze e-Pt Armando Chapa City Secretary c�o*m�nmn ��mmanuozamrr c� ronm�o/o CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the fore ing ordin n e vyas ri ad for the first time and passed to its second reading on this the ay of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Tha h foregoin V-111-day of _. Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb 013, by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott orsinance was read for the second time and passed finally on this the 013, by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary ()RI) P33.e odU" {I;) 029900 „e v,0 (1,21)1337 OH 55 [F II"Y e Nelda ` artinez Mayor Street 11 F' y/f /lf and -ea/s Pr I: ATTACHMENT #1 The charge of the Street Maintenance Fee (SMF) is reflected on a customer's monthly utility bill. Calculation of the SMF is based on several factors and charged to benefitted properties in accordance with Article XX of the Code of Ordinances. Payment of the SMF is part of a customer's utility bill payment. Payment can be made through the same process utilized for all other utility bill payments. The City's Utility Business Office (UBO) is the main point of contact for customers regarding the SMF. Residential and Non - Residential Customers may contest inside city limits status, active account status, number of water meters billed, or occupancy status. Additionally, master metered Multi- family Residential accounts may contest the number of dwelling units. Customers must complete and submit a Street Maintenance Fee Correction /Appeal Request Form to the UBO. Once UBO receives notice of a request to change any of these factors, the UBO Resolution Officer will verify the customer's information and status. If the requested change is warranted, the UBO will correct the record and revise the bill accordingly. Residential Customers may request a Low Income Discount (Discount). The customer will need to fill out an application form provided by UBO. Customers eligible for the Low Income Discount will receive a 50% discount on their SMF. This discount is good for one year only and applies only to the SMF and not to any other utility charge. Customers will need to reapply on a yearly basis in order for the Discount to apply to the customer's bill for the next year. It is a customer's responsibility to apply for a Discount. If a customer fails to apply for a Discount in any year, they will be required to pay the full amount of the SMF. The City will not issue refunds or credit related to the Low Income Discount. Non - Residential Customers may appeal certain factors used in calculating the SMF by filing for an appeal. Appealable factors include: square footage (SF), land use designation (LUD), and multi - meter/single business square footage cap application. Customers must complete and submit a Street Maintenance Fee Correction /Appeal Request Form to the UBO. Upon receipt of a completed appeal form, the UBO Resolution Officer will conduct a review. If the UBO Resolution Officer recommends approval of the appeal, the records will be updated and the bill will be adjusted. If the appeal is denied, a customer may appeal to the Street Maintenance Fee Appeals Board. If the Street Maintenance Fee Appeals Board approves, the records will be updated and the bill will be adjusted. If the Appeals Board denies, then the customer will need to pay the full bill. Bill reductions will result in the application of a refund or credit for the difference already paid. Bill increases as a result of an appeal will be billed prospectively only. Three types of appeals require processing. Appeals Process Exhibit A Page 1 of 3 ATTACHMENT #1 I. Square Footage (SF) Appeal -Square footage is defined as: Square footage as recorded by the Nueces County Appraisal District tax records as "living area': UBO will direct the customer to the Nueces County Appraisal District (NCAD) where customers will file an appeal with the NCAD. NCAD will assess the property to determine whether a change to the square footage of living area shown in the NCAD records is warranted. If NCAD approves the change, NCAD will update their records. Once the updated living area square footage is downloaded into the City's records, UBO will adjust the bill and notify the customer. Bill adjustments which result in a decrease in the SMF will result in a credit or refund of the difference already paid. Bill adjustments which result in an increase in the SMF charge will not be billed retroactively, but will be prospective only. Certain properties may have SMF charges calculated based on estimated square footage. These include properties with a newly issued Certificate of Occupancy or tax exempt property for which NCAD does not record square footage information. An appeal of square footage for these properties will be processed through the City. From time to time NCAD may update the amount of living area square footage attributable to a property. Upon receipt of the updated information, the City will automatically adjust Non - Residential customers' SMF charges appropriately. Increases in the SMF attributed to adjustments made by NCAD are not appealable to the City, but must be addressed with NCAD. Decreases in the SMF attributed to adjustments made by NCAD as part of their routine procedures will not result in a refund or credit of the difference previously paid. The customer is responsible for paying any such adjusted charges. 2. Land Use Designation MUD) Appeal - Land Use is defined as: Land uses identified and described in the Street Maintenance Fee Trip Factor Index derived from the ITE land use codes in the ITE Trip Generation Manual 9th Edition. The customer will complete an appeal form and submit to the UBO for processing. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the request to recommend a grant or denial of the requested change in the land use. If a change is approved, UBO will update their records and notify the customer. Bill adjustments which result in a decrease in the SMF charge will result in a credit or refund of the difference already paid. If the appeal results in an increase in the SMF charge, the customer will be charged the new higher fee prospectively and will not be charged the difference retroactively. If the appeal is denied or is approved resulting in a higher SMF charge, the customer may request appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change in the land usage. If the customer requests to appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. 3. Multi - Meter /Single Business Square Footage Cap Application Appeal — Multi - metered properties with one (1) tax id and one (1) business use which exceed the square foot cap of 118,000 SF. The customer will complete an appeal form and submit it to the UBO. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the appeal to make a recommendation for approval or denial. If the requested change is approved, UBO will update Appeals Process Exhibit A Page 2 of 3 ATTACHMENT #1 their records and notify the customer of the changes. Bill adjustments will be a credit or refund of the difference already paid. If the appeal is denied, the customer may appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change. If the customer files an appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. Additional. Documentation Required Master metered Multi- family Residential customers contesting the number of total billed dwelling units will be required to provide certified documentation of the correct number of dwelling units from a Texas Registered Design Professional to include an engineer, architect or land surveyor. Tax exempt properties appealing an estimated living area square footage must provide certified documentation of the correct square footage from a Texas Registered Design Professional to include an engineer, architect or land surveyor. Street Maintenance Fee Appeals Board: Street Maintenance Fee Appeals Board will be comprised of five (5) members: I) Assistant City Manager over Finance, 2) Director of Water or Director of Wastewater, 3) Director of Street Operations, 4) and 5) Two Citizens appointed by City Manager. Street Maintenance Fee Appeals Board Hearings: UBO Resolution Officer will provide the requested documentation and staff recommendation. Customers may advocate their case to the Board. The Appeals Board will decide whether to grant or deny the customer's appeal. If the change is granted, UBO will update the records to reflect the change. UBO will notify the customer of the changes made and a credit or refund will be made for the difference already paid. If the change is denied, no changes will be made, UBO will inform the customer of the decision, and no refund or credit will be made. For additional Information contact: Corpus Christi CaII Center (361) 826 —CITY (2489) or visit www.cctexas.com Appeals Process Exhibit A Page 3 of 3 EXHIBIT "A" TRIP FACTOR INDEX Based on ITE Trip Generation Manual Ed. 9 ATTACHMENT #2 Page 1 of 4 Capped Trip Factor ITE Code Land Use (5.78) Residential Single 210 250 M ulti family Residential 2 Non - Residential 1 2 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 440 . . . . . . . . . . . . . . . . . . . . 311 ................... 640 .................. 876 879 493 948 942 943 843 453 841 865 433 872 868 437 940 939 812 312 770 Adult Cabaret All Suites Hotel Animal Hospital /Veterinary Clinic Apparel Store Arts and Crafts Store Athletic Club Automated Car Wash Autornobile Care Center .. w ............................. .......�� Automobile Parts &Service Center Automobile Parts Sales Automobile Racetrack Automobile Sales Baby Superstor .... �_ .._...... ._ m.... _...... ra.�_...._.....,.. e Batting Cages Bed and Linen Superstore Book Superstore .....................................................e.................... ............e.._...._,......n_. �,..... Bowling Alley Bread /Donut /Bagel Shop w/ Drive - through Window Bread /Donut /Bagel Shop w/o Drive-through Window w Building Materials and Lumber Store Business... Hotel .......................................................................... �................. ��............................ ............................... Business ....�_ .. , ,..e.. �....... m ................. .. _ ........ ... .. ��.� Park 566 Cemetery 560 Church 630 Clinic 7 Coffee /Donut S h Drive hop with - through Window 938 Coffee /Donut Shop with Drive- through Window and no indoor seati 936Coffee /Donut Shop without Drive-through Window r' 021.....rCommercial Airy....... ..., .... art 81 t Rental Store 1 Construction Equipment Ren 5 .. .. ... 852 Convenience Market (Open 15-16 16 hours) 851 Convenience Market (Open 24 Hours) 853 Convenience Market w/ Gasoline Pumps 92 p Headquarters Ship Store 714 Corporate He dqupreers Bud g PY. Building 160 Data Center 565 Day Care Center 875 Department Store ............ _.................. _. .......... .,,......,,.. p 1.00 0.45 5.78 1.03 . . . . . . . . . . . . . . . . . . . . . 5.03 3.79, 9 5.78 4.39 5.78 1.92 5.68 5.78 1.04 3.1 2.88 5.78 4.76 5.78 3.5 5.78 5.78 4.57 1.53 0.2 1.4 2.95 5.78 5.78 5.78 5.78 0.99 5.78 5.78 5.78 5.78 0.84 0.1 5.78 2.42 EXHIBIT "A" TRIP FACTOR INDEX Based on ITE Trip Generation Manual Ed. 9 40 41 42 43 44 .............. 45 46 47 .............. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 5 76 77 78 79 857 Discount Club 869 Discount Home Furnishing Superstore re ...854 .............. Discount Supermarket 454 .....Dog Racetrack ......... . .......... ........ .�. ,.... ........ ........ .......,,, 925 Drinking Place 912 Drive -in Bank 896 DVD /Video Rental Store 863 Electronics Superstore perst ore 520 Elementary School 823 Factory Outlet Center 934 'Fast -Food Restaurant w/ Drive - through window 933 Fast -Food Restaurant w/o Drive - through window Fast -food Restaurant with Drive - through Window and no 935 Indoor Seating 815 Free - Standing Discount Store 8.13 ...... ...........Free- Standing Superstore .., Discount Sup .,,m.....,...,...,.,,,,r 890 Furniture Store........................................... �................................................................................... ....................,�....,.... 817 Garden Center 944... Gasoline /Service Statio n ........,,.�.. .... �� 945 ,,,.. 'Gasoline /Service Station .... w / co nv. Mkt. ...,�. k 946 Gasoline /Service Station w/ conv. Mkt. & car wash ...... 022 a,,.... General Avia .�..�........ .., ...... ... tion Airport 120 General Heavy Industrial l 110 General Light Industrial 710 General Office Building ng� 430 Golf Course 432 Golf Driving Range 918 Hair Salon 816 I Hardware/Paint '.,.. ��,..... ,.. _ . ...� ....... ......... �� ............... Store 492 Health /Fitness Club 530 High hool 152 High -Cube Warehouse Hih- Turnover (� ..D. g (Sit-Down) Restaurant 862 Home ImprovementSuperstor e 6�.�.10 Hospital ...... °.. l ......................................._.,. r. ��. �........_...............................__.... �... m........ �...............,..,. �,,..... �.......... �........... �� ..........�...,..,.... 310 .............. Hone l...............,..,..,..,..,..,........... �.... �.. �.,. �.......... m............. �..,,........ �. ��................ m......... �.... ��.........._......... �....... ..�................�,�..�....,. 130 Industrial Park 030 Intermodal Truck Terminal 540 941 591 Junior /Community College Live Theater .... _.�.. ..� .....,...,.._... . Lodge /Fraternal Organization 80 140 Manufacturing... m...... ��..-..... .....�......,�.,._....,�..,.... ATTACHMENT #2 Page 2 of 4 Capped Trip Factor (5.78) 4.48 2.31 5.78 5.78 5.78 5.78 ....... 473............ ...._.. ...... ................�...... 1.62 3.03 ...... .......... 5.78 5.78 5.78 5.78 5.65 0.53 5.78 5.78 5.78 5.78 0.77 0.16 0.56 0.89 0.2 3.23 3.21 1.07 5.78 4.03 1.66 0.57 0.79 2.27 5.78 0.32 EXHIBIT "A" ATTACHMENT #2 TRIP FACTOR INDEX Page 3 of 4 Based on ITE Trip Generation Manual Ed. 9 ITE Code 81 420 Marina 0.57 82 897 Medical Equipment Store 0.63 83 720 Medical-Dental Office Building 2.89 84 Land Use Capped Trip Factor (5.78) 522 Middle School/Junior High School 1.45 85 431 Miniature Golf Course 1.18 86 151 Mini-Warehouse 0.25 87 562 Mosque 5.78 88 320 Motel 1.18 89 443 Movie Theater w/o Matinee 5.78 90 444 Movie Theater with Matinee 5.78 91 445 Multiplex Movie Theater 5.78 92 435 Multipurpose Recreational Facility 3.35 93 580 Museum 0.52 94 818 Nursery (Wholesale) 3.04 95 620 Nursing Home 0.8 96 750 Office Park 0.9 97 867 Office Supply Superstore 3.4 98 866 Pet Supply Superstore 5.37 99 881 Pharmacy/Drugstore w/ Drive-through window 5.78 100 880 Pharmacy/Drugstore w/o Drive-through window 5.78 101 536 Private School (K-12) 4.6 102 534 Private School (K-8) 5.78 103 931 Quality Restaurant 5.78 104 941 Quick Lubrication Vehicle Shop 1 5.78 105 491 Racquet/Tennis Club* 3.77 106 495 Recreational Community Center 1 2.9 107 842 Recreational Vehicle Sales 2.54 108 760 Research & Development Center 0.66 109 330 Resort Motel 0.71 110 947 Self-Service Car Wash 5.78 111 820 Shopping Center 4.37 112 715 Single Tenant Office Building 1.22 113 488 Soccer Complex 5.78 116 850 Supermarket 5.78 117 561 Synagogue 1.23 114 826 Specialty Retail Center i 4.3 115 861 Sporting Goods Superstore 3.69 118 490 Tennis Courts 0.08 119 848 Tire Store 2.61 120 849 Tire Superstore 2.09 121 864 Toy/Children's Superstore 5.45 122 810 Tractor Supply Store 2.37 EXHIBIT "A'1 TRIP FACTOR INDEX Based on ITE Trip Generation Manual Ed. 9 ATTACHMENT #2 Page 4 of 4 Capped Trip Factor (5.78) 5.78 ................... 5.78 5.78 0.41 5.78 0.46 0.57 ITE Code land Use 123 950 Truck Stop 124 25 9814 Variety Store 1 .............. � ��,..,. �,,.. �, �� ............,,....,��,..�,... _........,................,, .11 ...................... 126 150 127 414 128 010 129 .............. Walk -In Bank Warehousing Water Slide Park Waterport/Marine Terminal 860 Wholesale Market State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 280960 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely., the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC- Corpus Christi Caller -Times CC- Internet - caller.com On this -� day of copy made by publisher. 11/25/13 Mon 11/25/13 Mon LEGAL SALES REPRESENTATIVE , 20 13 I certify that ' attached do a true and exact Notary Public, State ... 'exas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 CALLER TIMES 1 November 25, 201315E NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030015, Ordinance amending the Street Main- tenance Fee Payment and Appeals Process adopted by Ordinance No. 029900 on July 16, 2013; amending Exhibit "A" of Ordinance No. 029877 adopted on June 25, 2013 to modify, for consistency purposes, certain Institute of Transportation Engineers (ITE) Codes; and amend- ing Article XX of Chapter 55 of the Code of Ordinances to codify the modified Trip Factor Index; providing for severance; and providing fbr publication. This ordinance was passed and approved on its second reading by the City Council on November 19, 2013. /s/ Armando Chaps City Secretary CORPUS CHRISTI 4Cattet4tntt callercom Sales Rep: Georgia Lawson (C9190) > Ad Proof Phone: (361) 884 -2011 Date: 11/21/13 Account Number: 172983 (CC 18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong(caller.com Address: PO BOX 9277, CORPUS CHRISTI, TX, 78469 -9277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LawsonG @caller.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at . Ad Id: 280960 P.O. No.: Total Cost: $130.20 Tag Line: NOTICE OF PASSAGE OF ORDINANCE(S) NO Start Date: 11/25/13 Stop Date: 11/25/13 Number of Xs: 1 Class: 16130 - Legals Publications: CC- Corpus Christi Caller - Times, CC- Internet - caller.com I agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030015, Ordinance amending the Street Main- tenance Fee Payment and Appeals Process adopted by Ordinance No. 029900 on July 16, 2013; amending Exhibit "A" of Ordinance No. 029877 adopted on June 25, 2013 to modify, for consistency purposes, certain Institute of Transportation Engineers (ITE) Codes; and amend- ing Article XX of Chapter 55 of the Code of Ordinances to codify the modified Trip Factor Index; p roviding for severance; and providingfor publication. This ordinance was passed and approved on its second reading by the City Council on November 19, 2013. /s/ Armando Chapa City Secretary PAID WITH C CONF # DATE Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such E. W. Scripps reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361- 883 -1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run.