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HomeMy WebLinkAboutAgenda Packet City Council - 06/25/2002CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" June 25, 2002 1:45 p.m. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 25, 2002 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 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or otherinformation pertaining to your subject please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree qua su ingl6s as limitado, habr6 un int6rprete ingids-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 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend E.F. Bennett. 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 Samuel L. Neal, Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott E. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Approval of Regular Meeting of June 18, 2002. (Attachment # 1) Agenda Regular Council Meeting June 25, 2002 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS 8r COMMITTEE APPOINTMENTS: 2. Designation of Appointee to Represent the 'Transportation Disadvantaged" on the Corpus Christi Regional Transportation Authority (Attachment # 2) 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 ratherthan a two reading ordinance; ormaymodify 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. EXECUTIVE SESSION: (APPROXIMATELY 12:00 P.M.) 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 anymatters 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. 3. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South W hart Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. 4. Executive session pursuant to Texas Government Code Section 551.071 regarding David Cookv. Cityof Corpus Christi, No. C-01- 341, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting June 25, 2002 Page 3 SPECIAL BUDGET PRESENTATION: (APPROXIMATELY 1:00 P.M.) (Public comment will not be solicited on Budget issues until the Public Hearing and First and Second Readings of Budget Ordinance.) 5. Overview of Proposed FY2002 - 2003 Special Revenue, Internal Service and Debt Service Budgets (Attachment # 5) J. 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 forindividual 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) 6. Motion setting a Public Hearing on the proposed FY2002 - 2003 Operating Budget during the Regular Council Meeting of July 9, 2002. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to purchase from SBC DataComm, Inc., of Austin, Texas, in accordance with the State of Texas Cooperative Purchasing Program, an IP Phone and Data Solution equipment for a total of $44,967 for the Wastewater Department. This system will allow for voice and data communications, and itwill be integrated into the City's Wide Area Network and the Water Utilities IP Phone Systems. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a contract amendment with SBC DataComm, Inc., of Austin, Texas, to purchase an IP Phone and Data System, in accordance CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 25, 2002 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) with the State of Texas Cooperative Purchasing Program, for the Gas Department at an additional cost of $56,009.34. The Interactive Voice Response and Integrated Contact Distribution features will be fully incorporated with the Water Utilities, Utilities Business Office (UBO), and the Emergency Operating Center (EOC) phone systems. Setup and installation are also included in the contract. (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to accept the final Notification of Funds Award for Fiscal Year 2002, in the amount of $177,933 from the Coastal Bend Council of Governments - Area Agency on Aging for the Elderly Nutrition Program. (Attachment # 9) 9.b. Ordinance appropriating a grant in the amount of $177,933 from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program. (Attachment # 9) 9.c. Ordinance appropriating funds in the amount of $45,000 in additional program income from anticipated participant contributions in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program. (Attachment # 9) 10.a. Motion authorizing the City Manager or his designee to accept a contract with the Coastal Bend Council of Governments - Area Agency on Aging/Direct Purchase Vendor Agreement with the Senior Companion Program for Fiscal Year 2002, in the amount of $30,000. (Attachment # 10) 10.b. Ordinance appropriating resources in the amount of $30,000 in anticipated funds from the Coastal Bend Council of Governments - Area Agency on Aging/Direct Purchase Vendor Agreement in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. (Attachment # 10) _ 11.a. Motion authorizing the City Manager or his designee to accept a service agreement contract from the Texas Department of Public and Regulatory Services for Fiscal Year 2002, in the amount of $625 for the Adult Protective Services/Emergency Home Delivered Meals Program. (Attachment# 11) Agenda Regular Council Meeting June 25, 2002 Page 5 11.b. Ordinance appropriating resources in the amount of $625 in anticipated service agreement contract funds from the Texas Department of Public and Regulatory Services in the No. 1050 Federal/State Grants Fund for the Adult Protective Services/Emergency Home Delivered Meals Program. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2, 2a and 3 and the Southside Gas Transmission Main Parts B and C. (Attachment # 13) 14. Ordinance appropriating $500,000 into the Street Capital Improvement Program Fund No. 3530 from the Regional Transportation Authority (RTA) forthe RTA 2002 Special Projects Program, increasing Fund No. 3530 appropriation by $500,000. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a contractwith Tiburon, Inc., of Fremont, California, in the amount of $110,935 for maintenance and software support services on the Police Department's Records Management, Computer Aided Dispatching, Mobile Data, Automated Vehicle Location Systems, and Video Imaging. The term of the contract is for one year. (Attachment # 15) 16. Motion approving the purchase of Mobile Viewer software for the TIPS video imaging system from Tiburon, Inc., of Fremont, California, for the total amount of $40,527. The equipment is for the Police Department funded through the COPS MORE grant and is based on Sole Source. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M] El Agenda _ Regular Council Meeting June 25, 2002 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $69,995 from the State of Texas, Office of the Governor, Criminal Justice Division, for funding available for continuation of a project to prevent minors from purchasing and consuming alcohol and to execute all related documents. (Attachment # 17) 17.b. Ordinance appropriating $69,995 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 State and Federal Grants Fund to implement a project to prevent minors from purchasing and consuming alcohol. (Attachment # 17) 18.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $147,863 from the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY2001 Juvenile Accountability Incentive Block Grants Program and to execute all related documents to continue the Juvenile Court within Municipal Court to reduce juvenile delinquency, improve the juvenile justice system and increase the accountability forjuvenile offenders. (Attachment # 18) 18.b. Ordinance appropriating $147,863 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division and transferring $16,429 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching grant funds to establish a juvenile court within Municipal Court. (Attachment # 18) 19. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Old Concrete Street, Ltd., for the right to stage a fireworks display on a portion of the Broadway Treatment Plant in conjunction with a performance at the adjacent Concrete Street Amphitheater; and establishing a fee of $460. (Attachment # 19) 20.a. Second Reading Ordinance -Authorizing the City Manageror his designee to execute Amendment No.1 to the Joint Use Parking Agreement between All Saints' Episcopal Church and the City of Corpus Christi, authorized by Ordinance No. 021588 on March 9,1993, to revise the parking premises. (First Reading - 5/28/02) (Attachment # 20) Agenda Regular Council Meeting June 25, 2002 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20.b. Second Reading Ordinance -Authorizing the City Manageror his designee to execute Amendment No. 1 to the lease for Jaycee Field between the Corpus Christi Independent School District and the City of Corpus Christi, authorized by Ordinance No. 022811 on January 7, 1997, to revise duties related to maintenance of the parking lot. (First Reading - 5/28/02) (Attachment # 20) K. PUBLIC HEARINGS: ZONING CASES: 21. Case No. 0997-07AMEND.CityofCorousChristi•An amendment to Ordinance No. 023261 to grant a Special Permit for a moving and storage company on Bayview Addition, Block 13, Lot 20, located at the southeast corner of Craig and South Alameda Streets. (Attachment # 21) Planning Commission's and Staffs Recommendation• Approval of an amendment to Ordinance No. 023261 to grant a Special Permit for a moving and storage company. ORDINANCE Repealing Ordinance No. 023261 (which granted Special Permit A-2/SP/98-06 for an office for a moving/transfer use and limited parking of associated vehicles, subject to a site plan and conditions, on Bayview Addition, Block 13, Lot 20), upon application by City of Corpus Christi, on behalf of Maria Gongora; granting a revised Special Permit identical to the original Special Permit except for revised conditions No 3, Fencing, and 7, Signage; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 22. Case No. 0402-04 Mary C Roberts: A change of zoning from a "R-16" One -family Dwelling District to a "B-1" Neighborhood Business District on Glenoak Subdivision, Lot 3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. (Attachment # 22) Agenda Regular Council Meeting June 25, 2002 Page 8 Planning Commission's Recommendation: Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for an animal grooming shop subject to a site plan and seven (7) conditions. Staffs Recommendation: Denial. ORDINANCE Amending the Zoning Ordinance upon application by Mary C. Roberts by changing the zoning map in reference to Lot 3, Glenoak Subdivision, (currentlyzoned "R-1 B" One -family Dwelling District) bygranting a Special Permitforan animal grooming shop subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 23. Case No. 0502-03, Paula Gaut Prooerties Inc.: A change of zoning from a "R-113" One -family Dwelling District to a 'B-4" General Business District on Bass Subdivision, Block 28, Lot K, located on the north side of Saratoga Boulevard, approximately 675 feet east of Airline Road. (Attachment # 23) Planning Commission's and Staffs Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Paula Gaut Properties, Inc., by changing the zoning map in reference to Lot K, Block 28, Bass Subdivision, from "R-1 B" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. STREET ASSESSMENTS: 24.a. Public Hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1: (Community Development Block Grant Project) (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 25, 2002 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) *Claride Street from N.A.S. Drive to Mounts Street *Mounts Street from Claride Street to Lakeside Drive *Jane Street from Jester Street to Claride Street *Webb Street from N.A.S. Drive to Jane Street *Scotland Street from N.A.S. Drive to Jane Street 24.b. Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1 as follows: (Attachment # 24) *Claride Street from N.A.S. Drive to Mounts Street *Mounts Street from Claride Street to Lakeside Drive *Jane Street from Jester Street to Claride Street *Webb Street from N.A.S. Drive to Jane Street *Scotland Street from N.A.S. Drive to Jane Street imposing assessments totaling $251,224.35 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. 24.c. Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,826,159 with Bay, Ltd., of Corpus Christi, Texas, for the Flour Bluff Area Street Improvements, Phase 1 as follows: (Attachment # 24) *Claride Street from N.A.S. Drive to Mounts Street *Mounts Street from Claride Street to Lakeside Drive *Jane Street from Jester Street to Claride Street *Webb Street from N.A.S. Drive to Jane Street *Scotland Street from N.A.S. Drive to Jane Street _ L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. July 4`h Big Bang Celebration - Presentation by the Mayor's Planning Committee (Attachment # 25) Agenda Regular Council Meeting June 25, 2002 Page 10 26. Park and Recreation Department's Gulf Beach Operations (Attachment # 26) 27. Election Issues: Economic Development & Crime Control and Prevention District 28. Risk Management Division Quarterly Report/Health Program Comparison (Related Action Item # 29) (Attachment # 28) M. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 29. Motion the City Manager or his designee to continue the Self- funded Health Program Structure. (Attachment # 29) 30. Motion authorizing the City Manageror his designee to implement the Animal Care and Control Division Action Plan. (Attachment # 30) 31.a. Motion to amend franchise to Texas Cable Partners, Inc. prior to Second Reading. (Attachment # 31) 31.b. Second Reading Ordinance - Granting to Texas Cable Partners, Inc. (Time Warner) a non-exclusive franchise to construct, maintain, and operate for a period of fifteen years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas. (First Reading - 5/21/02) (Attachment # 31) 31.c. Motion to amend Master Cable Services Regulatory Ordinance amendment prior to Second Reading. (Attachment # 31) 31.d. Second Reading Ordinance - Amending the Master Cable Services Regulatory Ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services. (First Reading - 5/21/02) (Attachment # 31) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 25, 2002 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31.e. Motion to amend ClearSource franchise amendment prior to Second Reading. (Attachment # 31) 31.f. Second Reading Ordinance - Amending Section 6.2 of the ClearSource franchise regarding Public, Educational and Government access channels. (First Reading - 5/21/02) (Attachment # 31) 31.g. Motion to amend Ordinance approving transaction between ClearSource, Inc. and Grande Communication Holdings, Inc., prior to Second Reading. (Attachment # 31) 31.h. Second Reading Ordinance -Approving the transaction between ClearSource, Inc. and Grande Communications Holdings, Inc., subject to requirements. (First Reading - 5/21/02) (Attachment # 31) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 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.) Si usted se dirige a la junta y cree qua su ingl6s as limitado, habra un interprete inglcs-espanol an la reuni5n de la junta para ayudarle. 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. Agenda Regular Council Meeting June 25, 2002 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities, request by Council for information or reports from Staff; reports of activities of individual Council members and Staff, - constituent concerns, current topics raised by media; follow-up on Staff assignments, scheduling of future Council meetings and activities; and other brief discussions regarding city -related matters. 32. CITY MANAGER'S REPORT Upcoming Items 33. MAYOR'S UPDATE 34. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Citys official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., June 21, 2002. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES OrCONTINUING PRIORITY Airport / Seawall / CouvIntion Center / Arena • Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements • Update status on Senior Centers. • Provide communication on completion of these projects (e.g. "Report to the Community"). • Continue community involvement on issues such as leopard Street improvements. Privatization / Re -Engineering • Clearly define "privatization" and "re-engineering." • Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. • Establish process to identify what services can and cannot be privatized. • Continue focus on park maintenance. Finance • Maintain the 5 -year forecast model. • Review the August 1 budget adoption deadline. Crime Control and Prevention • Continue implementation of the Community Policing initiative. Establish date for Crime Control and Prevention District election. • Continue City participation in Youth Opportunities United and other youth crime initiatives, Em lovee Health Care • Address concerns related to employee compensation and benefits, including health insurance. • Work to coordinate Police and Fire health benefits with those of other City employees Ftcopomic Development Sales Tax • Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority areas: Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Master Drainage Plan Garwood Water vilb *New Golf Course 425 *Charter Revision with Specific Charge(s) raWl *More Funding for Economic Development 40 *Fire and Police Contracts 21 New Funding Sources / Plan for Inner City Improvements am Improve Permitting Process (online / customer service) Padre Island Development Plan mok Downtown / South Central Development Plan (marina, t -heads, breakwater) ffHousing Emphasis / Process (older neighborhoods, working class neighborhoods) Rn**Road Projects Southside Traffic Plan Storm Water Utility • Reconsider implementation plan for a Storm Water Utility. Packery Channel • Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Land • Continue to evaluate the efficiency and effectiveness of operations. • Examine alternatives for solid waste management system, including privatization. temet • Continue regular updates and expansion of the City's web site, including individual council member web pages. • Establish target date for online permitting process. • Communicate brush pickup via e-mail. CDBG • Continue active role. Frost Bank Building • Lease and complete renovation Annexation Plan • Implement current island annexation plan ADA Transition Plan • Develop and approve ADA Transition Plan within 90 days. Redistrictine • Develop Council -approved redistricting plan for the City of Corpus Christi Industrial District Contract • Review Industrial District contracts and determine date for approval Council Action Items • Staff completes action requests in a timely manner. City / County Health Issues • Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketiux of CC Museum and Columbus Ships • Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post -Summit Meetings Agnes -Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA—Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item ii PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 18, 2002 - 2:00 p.m. Cita: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Troy Bell Sr., St. Paul United Methodist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 Neal called for approval of the minutes of the regular Council meeting of June 11, 2002. A motion was made and passed to approve the minutes as presented. ************* Mayor Neal referred to Item 2 and the following board appointments were made: Corpus Christi Regional Transportation Authority Stanley Terry (Reappointed) Roland Barrera (Reappointed) Vicki Garza (Reappointed) John Buckley Jr. (Reappointed) Rosin Runyon ************* Mayor Neal referred to the presentation on the day's agenda (Item 5), status of the Packery Channel project by the Corps of Engineers (COE). Col. Leonard Waterworth, Commander of the Galveston Engineer District, introduced Carl Anderson, Project Manager; Leo Garza, Area Manager; and Marilyn Allrecht, a member of the colonel's staff. Col. Waterworth said he has the responsibility for national waters' infrastructure from the Louisiana border to Brownsville (about 150 miles). Col. Waterworth said that every month COE staff members meet with city staff at the project review board where they discuss all Corps projects. He said the COE has been authorized by legislation to construct the North Padre Island storm damage reduction and ecosystem restoration Minutes - Regular Council Meeting June 18, 2002 - Page 2 project, more commonly known as Packery Channel. He said with a project of that magnitude, he has to take into consideration the impact it will have on the environment as well as solicit input from community members and natural resource agencies. Col. Waterworth described the input process, beginning with the publication of the draft environmental impact statement (EIS) in the Federal Register on June 14, 2002. He said every comment that is made about the draft EIS has to be addressed in the final version. A public meeting is scheduled for July 18th with the final EIS tentatively scheduled to be released on September 6th. The Colonel said the final EIS will be reviewed by COE headquarters from September 6 - October 6, after which it will be sent to the Assistant Secretary of the Army for Civil Works. He will also have 30 days to review the project to determine if it is environmentally acceptable and technically viable. The next step is execution of the project cooperative agreement (PCA), the contract between the federal government (Galveston Engineer District) and the community. The project will be advertised in the Commerce Business Daily from November 26 -December 25, followed by solicitation and evaluation of bids and award of the contract on February 14, 2003. Responding to Mayor Neal, Mr. Anderson said the project construction estimate is 30 months from the time the contract is awarded. Council Member Colmenero asked if there could be dramatic changes between the draft and final versions of the EIS. Col. Waterworth said there have been projects that received no comments and others that received thousands of comments which had to be addressed. Council Member Scott thanked Col. Waterworth and his staff for their commitment to construct the Packery Channel project in the right way. The Colonel replied that he wants to ensure that the document is viable and that the project is completed. He said he and his staff have been working very closely with City Manager Garcia and city staff. Responding to a question from Mr. Scott, Mr. Garcia said staff is working with the Texas Department of Transportation to allow the city to use their existing dredge disposal sites. He said even though there is information in the draft EIS about using a park site, staff no longer intends to do so. He said changing that statement would have delayed the issuance of the document. Consequently, staff indicated that they will be modifying the site in the final version and sent a letter to that effect to Nueces County. Mayor Neal called for consideration of the consent agenda (Items 6-11). There were no comments from the Council or audience. City Secretary Chapa polled the Council for their votes: 6. M2002-169 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to an engineering services contract with LNV Inc., d.b.a. Smith, Russo & Mercer, in the amount of $238,860 for the street resurfacing project located at: Up River Road (IH -37 to Leopard Minutes - Regular Council Meeting June 18, 2002 - Page 3 Street); Ayers Street (SPID to Port Avenue); Gollihar Road (Crosstown to Kostoryz); and SPID 30 -inch water line relocation to Johanna Street; and Mission Center sanitary sewer relocation to provide for additional design work necessary for additional utility line replacements and relocations and the inclusion of Regional Transportation Authority bus pads. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 7.a. M2002-170 Motion authorizing the City Manager or his designee to accept a grant in the amount of $26,521 from the State of Texas, Criminal Justice Division for continuation of funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. Ordinance appropriating a grant in the amount of $26,521 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for continuation of funding available under the Violence Against Women Act (VAWA) Fund; transferring $3,769 from the No. 6010 Law Enforcement Trust Fund and appropriating it into the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 8.a. M2002-171 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,000 from the Texas Division of Emergency Management for television public service announcements during the 2002 hurricane season. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. Ordinance appropriating a grant in the amount of $1,000 from the Texas Division of Emergency Management in the Federal/State Grants Fund No. 1050 for television public service announcements during the 2002 hurricane season. Minutes - Regular Council Meeting June 18, 2002 - Page 4 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 9.a. RESOLUTION NO. 024910 Resolution authorizing the City Manager or his designee to execute an intergovernmental agreement with Del Mar College and the Regional Transportation Authority for Arcadia lift station site improvements. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 9.b. ORDINANCE NO, 024911 Ordinance appropriating $75,000 into the Street Capital Improvement Program Fund No. 3530 from the Regional Transportation Authority to be used toward the construction of a bus passenger facility in association with the Arcadia lift station site improvements, increasing Fund No. 3530 appropriations by $75,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 10. ORDINANCE NO, 024912 Ordinance appropriating an additional $12,000 of program income from the Texas Department of Health in the No. 1050 Federal/State Grants Fund -Health Department tuberculosis elimination program income. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. 11. ORDINANCE NO. 024913 Ordinance abandoning and vacating a 912 -square foot portion of a 10 -foot wide utility easement out of Lot 1, Block 1, South Bay Estates Subdivision; requiring the owner, Mr. Peter Nordby, to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. Mayor Neal opened discussion on Item 4, budget for the Corpus Christi Crime Control and Prevention District. There were no comments from the audience. City Secretary Chapa polled the Minutes - Regular Council Meeting June 18, 2002 - Page 5 Council for their votes as follows: 4. RESOLUTION NO, 024907 Resolution approving the FY 2002-2003 budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 3, an overview of the proposed FY 2002-2003 Enterprise Fund budgets. Mr. Mark McDaniel, Director of Management and Budget, explained that those funds are supposed to be self-supporting. He said that of all the Enterprise Funds, the Water fund is the largest at 48% of the budget. Mr. McDaniel then discussed the Combined Utility System--Water/Stormwater, Wastewater and Gas. He said the budgeted revenues include the 5% utility rate increases previously discussed with the Council. Using a community average consumption of 7,000 gallons of water and 3 mcf of gas, the 5% rate increase will result in a $2.87 per month increase. Responding to Council Member Longoria, Mr. McDaniel said the Council will take action on a rate ordinance and fee ordinances at the end of the budget process. The Budget Director referred to page 165 of the proposed budget document regarding Enterprise Fund expenditures and said that the FY 02-03 budget is lower than the city actually spent two years ago --a result of ongoing reengineering efforts. He said the implementation costs for the new compensation plan for all the utility funds is approximately $250,000 and there is a contingency for implementation of the skill -based pay component. He said staff will continue the reengineering effort in Water and Wastewater and initiate it for Gas and Stormwater in the next fiscal year, for a combined start-up cost of about $1 million. Assistant City Manager Ron Massey explained that staff is implementing the computerized maintenance management system (CMMS) in various areas. He said they began at the water treatment plant and are moving into the wastewater plants and collection system and water distribution system. He said staff will provide a more detailed presentation in August. City Manager Garcia said that CMMS allows the city to move from a reactive maintenance program to more of a preventive maintenance program. He said it also allows the city to better track personnel issues. In response to Mr. Longoria, Mr. Massey said the $1 million cost consists mostly of training as well as computer hardware and software. He said EMA is working with staff to implement the CMMS program. He said once it is executed in the utility departments, the Council will decide whether to continue it in the General Fund departments. Mr. Longoria said that before the reengineering effort moves into Gas and Stormwater, he would like a breakdown of the $1 million cost. Minutes - Regular Council Meeting June 18, 2002 - Page 6 Council Member Garrett asked about the operation of the Whitecap Wastewater Treatment Plant (WWTP). Mr. Foster Crowell, Wastewater Superintendent, said both the Laguna Madre and Whitecap plants are operated by a team of about 10 employees. To illustrate how the reengineering program works, Mr. Crowell said that staff has implemented the microwave and SCADA systems at the Oso plant and, as a result, they are eliminating the midnight shift, which has been used there since 1940. He said they also believe they can downsize the staff of the Broadway plant by 50% through automation and improved instrumentation. With regard to the Airport Fund, Mr. McDaniel said staff budgeted additional revenue from airline space rentals which will result from the completion of the new terminal in October 2002; there are also additional expenses associated with airport security. Mr. Dave Hamrick, Aviation Director, said one of the issues affecting the airport this year was the closure of the Semtech facility. He said that company is very interested in exploring a buy- out of the eight remaining years of their lease which, if approved, could result in a large influx of revenue in this year's budget. Mr. Hamrick said he has also had discussions with representatives of a firm interested in opening a service station/convenience store on International Drive. He also said staff received responses from their bids for rental cars and they expect to see an increase in that funding source, and there is the potential for an increase in flights out of Corpus Christi to two new hubs in the United States as well as international flights to Mexico. He said the Federal Aviation Administration (FAA) has agreed to reimburse the city for some salary expenses associated with the terminal reconstruction project. Also, the increase in security costs will be offset by FAA grants during this federal fiscal year and possibly next fiscal year. Mr. McDaniel then discussed the Ambulance Fund revenues, saying that the proposed budget includes an increase in the amount transferred from the General Fund compared to the current budget. With regard to Ambulance expenditures, 68% of the budget is for personnel. Mayor Neal said he is frequently asked why the city continues to dispatch both an emergency vehicle and a fire truck for emergencies. Fire Chief J.J. Adame replied that the Corpus Christi Fire Department operates a first responder program, which means that the engine companies respond along with medic units because there are more engine companies strategically located throughout the city. He said all engine companies are staffed with at least one medic who carries the necessary equipment to provide rapid intervention services. Also, the firefighters provide assistance to medics on the scene. He said in most metropolitan areas, it is the method used to provide EMS service. Mr. Garcia said the city's current system makes a material difference in the response time to medical emergencies. He said staff can provide a cost breakdown but he noted that the alternative would be to only respond with ambulances. Mr. Noyola asked if there are occasions where only ambulances respond. Chief Adame said the determination is made when the call is received. Mr. Garrett said that in 1973 an eighth ambulance was put into operation and paid for jointly by the city and the Nueces County Hospital District. However, eventually the hospital district Minutes - Regular Council Meeting June 18, 2002 - Page 7 stopped providing those funds. Mr. Garrett also asked how Corpus Christi's ambulance fees compare to those in other cities. Mr. John Murray, EMS Director, said that for the past several fiscal years, Corpus Christi's base rate has been one of the highest in the state. He said he will provide the Council with a recent state survey delineating cities' costs. He added that the EMS fee structure is based strictly on the cost of EMS services and not on responses by any engine companies. Mr. Murray also said that staff is continuing to review where the new eighth ambulance will be located. Responding to Council Member Kelly, Mr. Murray said staff is analyzing the total call times around the city. Mr. Garrett spoke in favor of the annual ambulance replacement program. The next fund discussed was the Marina Fund. Mr. McDaniel said staff is proposing a 3% increase in slip rental fees, which constitute 69% of the total revenues, while salaries comprise 42% of the expenditures. He said strategic issues include the need for capital improvements and the current negotiations regarding development and maintenance of the marina. Council Member Kinnison requested a copy of the amount projected to be spent for the marina development projects currently underway. Mr. McDaniel said staff is concerned about declining revenues in the Golf Fund. He said where possible, staff has tried to cut back on expenses. Mr. Noyola asked about the difference between rounds played at the Oso and Gabe Lozano golf courses. Mr. Dan Whitworth, Director of Park and Recreation, said both courses currently have a total of about 120,000 rounds whereas they used to have about 140,000 rounds. Mr. Chris Sernmer, Superintendent of Support Services, responded to specific questions about the two courses. Mr. Noyola commented on the need to improve the Lozano course. Mr. Whitworth said staff has planned a presentation to the Council on July 9th on the results of the golf feasibility study, including the National Golf Foundation's recommendations. Mr. Chesney asked about a driving range at the Oso course. Mr. Whitworth said there used to be a privately owned and operated driving range at Oso. Staff is exploring a site and changes that need to be made to reopen it and make it successful again. Mr. Scott asked about covered parking at the airport. Mr. Garcia said staff is looking into different options. Mayor Neal called for the City Manager's report. Mr. Garcia gave an overview of the many items scheduled for the June 25th Council meeting and it was decided to start the meeting at noon. He said the July 9th meeting, which will begin at 2 p.m., will include the budget public hearing and the golf feasibility study. Mr. Kelly said he will not be able to attend the July 9th meeting and he asked if the golf presentation can be moved to the July 16th meeting. There was consensus of the Council to do so. Mayor Neal and several Council members congratulated Mr. Whitworth on his recent appointment as Park and Recreation Director. The Mayor then called for Council reports. Mr. Chesney requested a complete report on the recent police incident at the Northside Manor Apartments. He congratulated City Secretary Chapa and Assistant City Secretary Mary Juarez Minutes - Regular Council Meeting June 18, 2002 - Page 8 for the award the city received from the LaserFiche Association for innovation in records management. He also commented on the publication of the water quality report; Ms. Lane's citizen's inquiry; installation of no parking signs on Driftwood Place; scheduled completion date of the arena; a September town hall meeting in District 1; and the "Friends of the Park" program. He announced that the Don and Sandy Billish Park will be dedicated on June 22nd at 9:30 a.m. Mr. Garrett said that on December 11, 2001, the Council had asked city staff for an update on the Frost Brothers building downtown and they have not yet received a response. Mr. Garcia said the weekly list of City Council action requests does not reflect activity that has occurred on each request until a final report is written. In that instance, staff has had several discussions with the downtown partnership involved in that project. He said they will probably have an executive session on that issue to review all the legal options. Mr. Garrett also asked about the status of the video imaging system at the Police Department. Mr. Garcia replied that Assistant Chief Ken Bung indicated that all the components are in place to initiate that system. Mr. Longoria said he thinks Mr. Whitworth's appointment will result in an improvement in the city's park system. Mr. Longoria also discussed the dissemination of press releases and media stories and he suggested that the Council be kept regularly informed about issues in the media. Mr. Scott suggested that a ground breaking ceremony be held for the new Mustang Island fire station. He also asked about the issue of prohibitive homeowners' insurance rates. Mayor Neal replied that Governor Perry has initiated discussions with the Insurance Commissioner about the possibility of state control of the rate structure, which he further discussed. Mr. Scott asked staff to investigate whether the Council ever made a public declaration that the citizens of Corpus Christi would never be obligated to pay the Columbus Fleet debt. Mr. Garrett said he thought such a statement was made by then -Mayor Mary Rhodes when the Columbus Plaza was dedicated. Mr. Longoria said the current Council is not obliged to honor commitments made by previous Councils in the same way a future Council is not obligated to the actions of this Council. Mr. Chesney said he agreed with Mr. Scott in his request for that information. Mr. Scott also commented on the President's initiative to build affordable, single-family homes in low-income areas, and he requested additional information on the American Dream Downpayment Fund and overlay districts. He complimented Mr. Garcia for being appointed to the Urban Consortium Steering Committee for Public Technology. Mr. Kelly commended the teens in the Sea City Work Camp. He said St. Thomas the Apostle Catholic Church, Grace United Methodist Church, and Church of the Good Shepherd are some of the churches assisting the young people as they repair people's homes. Mr. Noyola congratulated Mr. Whitworth, Mr. Chapa and Ms. Juarez. He also asked if there is any litigation regarding the Columbus Fleet. Mr. Garcia said Mr. Durrill has a pending suit but since the city is not a party to it, he is unclear as to its status. He said that currently the Convention and Visitors Bureau (CVB) has the direct corporate responsibility for the ships and it has assigned that task to the Columbus Fleet Association. However, the status of the association is unclear Minutes - Regular Council Meeting June 18, 2002 - Page 9 because there have not been any reappointments to that board for some time. He said the city is involved because it funds the CVB, which uses some of the money to pay the ships' debt. Responding to other questions from Mr. Noyola, Mr. Garcia said the government of Spain has always felt that the city should have direct control and responsibility for the Columbus ships. They have looked favorably on the steps the city has already taken to put the ships back into minimally productive use. He pointed out that the debt was incurred for the construction of the plaza (on which the Santa Maria and Pinta sit) and the lease associated with it. Mr. Chesney requested additional information about the Harwood ADA case. Mayor Neal suggested that the City Attorney send the Council a confidential memorandum about it. Mr. Chesney said he has also received calls about the wrecker service issue. Mr. Garcia said staff is preparing a response. Mr. Chesney asked for an explanation about the overtime issue at the Police Department. Mr. Kinnison asked staff to develop several options for providing additional funding to the CVB using hotel/motel occupancy receipts. Mr. Scott thanked the Mayor and City Manager for allowing some of their staff members to attend the All American Cities Awards convention in Kansas City. Mr. Scott said he thinks it is a worthwhile effort, adding that other cities highlighted several programs that Corpus Christi already provides. Mayor Neal called for petitions from the audience. Mr. Roy Pell, Chairman of the Water/Shore Advisory Committee, said that on May 2, 2002, the committee voted to recommend terminating the current bait stand lease agreement. And on June 6, 2002, the members voted to reaffirm their endorsement of the South Wharf project as presented and to encourage the city to aggressively pursue an agreement with Mr. Leon Loeb. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:13 p.m. on June 18, 2002. F a. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY - Designation of a city appointee to represent the "transportation disadvantaged". See attached letter. DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors shall consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. One of the five City appointees shall be officially designated to represent the interests ofthe "transportation disadvantaged" - namely the elderly, persons with disabilities and low-income individuals. The member does not have to be "transportation disadvantaged" but the City Council is required to designate one of its appointees to represent this interest. If the Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggest that the appointing bodies should consider the appointment of a regular rider of the transit system. Mike Rendon, Chairperson * Abel Alonzo (City Council) * Stanley Terry, Sr. (City Council) * Roland Barrera (City Council) * Vicki Garza (City Council) * John J. Buckley (City Council) Guadalupe Gomez (Nueces County) Carole Wilkinson (Nueces County) Mack Rodriguez (Nueces County) Julio Garcia, Jr. (Mayors of other Cities) John Corder (Mayors of other Cities) TERM 10-02-03 06-30-04 06-30-04 06-30-04 06-30-04 06-30-04 09-18-03 09-18-03 09-18-03 09-19-03 09-19-03 ORIGINAL APPTD.DATE 6-18-02 1-12-99 9-14-99 5-19-98 4-27-99 * One of these individuals needs to be designated as an appointee to represent the "transportation disadvantaged". rta2.wpd Page 1 of 1 MEMORANDUM To: Mayor and Council Members From: Doyle D. Curtis, Senior Assistant City Attorney Through: James R. Bray, Jr., City Attorney Subject: City Council Appointments to RTA Board Date: June 6, 2002 House Bill 1621 passed in the last legislative session added a provision to the RTA's enabling legislation affecting the City's appointments to the RTA Board. Section 451.502 (g) was added to the Transportation Code and provides that "The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged." It goes further to define "transportation disadvantaged" as meaning the elderly, persons with disabilities, and low-income individuals. (See Section 451.001(9)] The statute does not mandate that this Board member be "transportation disadvantaged." But it does require that the City Council, in making its appointments, officially designate one of its appointees as one "to represent the interests of the transportation disadvantaged." For example, an appointee could be a person who has served on a committee or with a local organization that helps the transportation disadvantaged; or it could be a person whom the council believes has a particular sensitivity or understanding for the transportation disadvantaged because of life experiences, family experiences or another situation. .me] K, NO ATTACHMENT FOR THIS ITEM 2 NO ATTACHMENT FOR THIS ITEM 5 CITY COUNCIL PRESENTATION MEMORANDUM June 25, 2002 AGENDA ITEM: Overview of Proposed FY 2002-03 Special Revenue, Internal Service and Debt Service Budgets. CITY STAFF PRESENTER: Name Title Mark L. McDaniel Director of Management and Budget ISSUE: The City Council is scheduled to adopt the FY 2002-03 Budget prior to August 1, 2002. As part of the Council Review of the proposed budget, this final presentation will focus on remaining funds: Special Revenue • Crime Control District • Hotel Occupancy Tax • Reinvestment Zone No. 1 & 2 • Arena Facility Internal Service • Liability/Employee Benefits • Maintenance Services • Municipal Information Systems • Stores • Engineering Services Fund Debt Service Seawall Improvement LEPC Visitors Facility REQUIRED COUNCIL ACTION: No formal action is required at this time. The City Council will hold a public hearing on the Proposed Budget on July 91. First and Second Reading on budget adoption is scheduled for July 161 and July 231 respectively. M k L. Mc aniel Director of Management and Budget Attachments: Copy of PowerPoint Presentation Under Separate Cover: Summary of Contributions to Outside Agencies/Programs ("Blue Book") CITY OF CORPUS CHRISTI FY 2002-2003 DWPOSED C4UDGET I� - 1Y� �1 .1 �7 Ill sin" Y t t I I Special Revenue Funds Expenditures by Fund Visitors Fac 220 LEPC 1% Seawall 12% Are 2° CC&PD Hotel Tax 32% RIZ#2 1% RIZ #1 6% Hotel Tax/Visitors Facilities Funds 0 Hotel Tax/Visitors Facilities Funds Revenues Aud./Conv. Other Ctr. 2% 16% Coliseum 5% HOT -7% 77% Hotel Tax/Visitors Facilities Funds Expenditures Debt Service Servi 11° Convention Promo. 26% Contributions 6% *Excludes any convention center expansion (2%) funding. Visitor Facility O&M 53% Hotel TaxlVisitors Facilities Funds Strategic Issues • Contributions to Outside Agencies - No change in funding last several years - New requests for funding • Increased Funding for CVB marketing efforts • Continued multi-year funding for American Bowling Congress • Final funding for Sesquicentennial events • Pending sale of bonds for convention center expansion Crime Control &Prevention District Fund Crime Control &Prevention District FundRevenues Other 2% Sales Tax 98% Crime Control &Prevention District Fund Expenditures Other 2 Juvenile Assessment Center 6% lice Officers 72% Crime Control &Prevention District Fund Strategic Issues • SO Officer Plan Fulfilled • Continuation of Juvenile Assessment Center/Juvenile Marshals Programs • Elimination of Support Staff (04/03) • November 2002 Election to Renew District Facility Related Special Revenue Funds (Arena-Seawall-RIZs) Facility Related Special Revenue Funds Arena Sales Tax 43% Revenues n+tip.- RIZ #1 Taxes [Z #2 Taxes 2% oawall Sales Tax 43% Facility Related Special Revenue Funds Expenditures Arena Initi Debt 9% Other Seawall Debt Service 54% IF #1 Debt Service 30% Facility Related Special Revenue Funds Expenditures • Pending Arena and Packery Channel (RIZ #2) Bond Sales -Fall 2002 • Expiration of RIZ #1-12/04 y x « : s\� , \, Internal Service Funds Expenditures by Fund Internal service funds support other City operations on a cost basis. Eng. Services 6° Sto 5` MIS 12% Maintenani Services 25% Liability/ Employee Benefits 52% Internal Service Funds Strategic Issues Overall, combined expenditures for all five funds proposed to decrease by $105,835. • Rising Property/Liability and Group Insurance Costs, and Risk Management Counter Initiatives • Deferred Equipment Replacement and Building Maintenance • Technology Investments $26 $21 O $16 Combined General Long Term Debt ■ General Obligation ❑ Certificates of Obligation $6 $1 O O O O O O O O �+ ►+ F+ f+ r+ ►+ ►+ ►+ f+ ►+ N N W A to O\ J 00 b O A U O\ J 00 b O O O O O O O O 4+ 4+ 01 + 4+ O+ + W N N A (A O, J 00 � O �+ N W A U ON -1 00 %O O �+ Combined Utility System Long Term Debt ■ Refundings 0 Revenue Bonds ■ Nueces River Authority ■ Bureau of Reclamation Note: Does not include short term debt for commercial paper program (approx. $200K/yr). $40 -1 $35 $30 o $25 " $20 $15 $10 $5 $0 �C C �C � �C �C � �C �C �C �C �C �C � •C �C •C C 0 0 0 0 0 0 0 0 �. �- w ►. t. «. f. .. W A U1 OI J G 00 �O C6� i i L 0 0 0 o O b o .- .i .- L. O. .r .0 r N W A U ON J 00 �O O �+ N w W A fA O� J 00 �O O Debt Service Fund Strategic Issues • Declining General Debt • Potential Bond 2004 Election • Annual Updates to Short & Long Range Capital Improvement Plans Remaining Budget Schedule • July 9 - Public Hearing on Budget, Summary Discussion • July 16 - First Reading - Budget Adoption Ordinance, Discussion and Final Amendments • July 23 - Second and Final Reading - Budget Adoption Ordinance 470 ... and the Birth of a 6 CITY COUNCIL PRESENTATION MEMORANDUM AGENDA ITEM: June 25, 2002 Motion setting a Public Hearing on the Proposed FY 2002 -03 Operating Budget during the Regular Council Meeting of July 9, 2002 CITY STAFF PRESENTER: Name Title Mark L. McDaniel Director of Management and Budget ISSUE: The Texas Local Govemment Code requires that a municipality hold a public hearing on the proposed operating budget. Staff is recommending that the hearing be set for the Regular Council Meeting of July 9, 2002. The Council must officially set the date. Section 102.006 (a) of the Texas Local Government Code states the following: The governing body of a municipality shall hold a public hearing on the proposed budget. Any taxpayer of the municipality may attend and may participate in the hearing. REQUIRED COUNCIL ACTION: Set a public hearing on the Proposed FY2002 -03 Budget for July 9, 2002 �., , ' M rk L. Mc aniel Director of Management and Budget 7 AGENDA MEMORANDUM June 20, 2002 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to purchase from SBC DataComm, Inc., of Austin, Texas, in accordance with the State of Texas Cooperative Purchasing Program, an IP phone and data solution equipment for a total of $44,967, for the Wastewater Department. This system will allow for voice and data communications, and it will be integrated into the City's Wide Area Network and the Water Utilities' IP phone systems. ISSUE: Four Wastewater treatment plants have outdated phone equipment, and they are not connected to the City's Wide Area Network. These facilities do not have access to data and other information necessary for the efficient operation of their complex processes. The proposed IP phone solution will provide fully integrated video, data, and voice communications between the Water Utilities administration building, treatment plants, City Hall and other facilities. It will also provide integration of interactive voice response and call grouping. This will improve our ability to access data and information necessary for efficient operations and will assist in protecting the City's infrastructure. BACKGROUND: During December 2001, Council authorized the execution of a contract with SBC DataComm, Inc., for the supply and installation of an IP phone system for the Water Utilities, including the Utilities Business Office. The proposed system for the four treatment plants is fully compatible with and will be integrated into this IP phone system. FUNDING: Funding will be from the Wastewater Department Fund as follows: 4200 - 33000 - 550050 $15,307 4200 - 33100 - 550050 7,415 4200 - 33130 - 550050 7,415 4200 - 33140 - 550050 7,415 4200 - 33150 - 550050 7,415 $44,967 REQUIRED COUNCIL ACTION: City Council approval is required for purchases over $25,000. RECOMMENDATIONS: Staff recommends purchasing from SBC DataComm, Inc., an IP Phone & Data System equipment for the four Wastewater treatment plants at a cost of $44,967. Ogilvie Gericke, P.E. Foster Crowell Director of MIS Wastewater Superintendent 8 AGENDA MEMORANDUM June 18, 2002 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract amendment with SBC DataComm, Inc., to purchase an IP phone & data system, in accordance with the State of Texas Cooperative Purchasing Program, for Gas Department at an additional cost of $56,009.34. The interactive voice response and integrated contact distribution features will be fully incorporated with the Water Utilities, Utilities Business Office (UBO), and the Emergency Operating Center (EOC) phone systems. Setup and installation are also included in the contract. ISSUE: Gas Department's existing phone system is not integrated into the City's Wide Area Network nor the Water Utilities, UBO, and EOC phone systems. Approval of the proposed amendment to the SBC DataComm, Inc., IP telephone contract will provide a fully integrated solution that will allow video, data, and voice communications between the UBO, Water Utilities Administration building, EOC, and other facilities. It will also provide integration of interactive voice response and call grouping. This will improve our ability to access data and information necessary for efficient operations, and will assist in improving customer service and in protecting the City's infrastructure. BACKGROUND: During December 2001, Council authorized the execution of a contract with SBC DataComm, Inc., in the amount of $501,561.00, for the supply and installation of an IP phone system for the Water Utilities, including the UBO. This system will be integrated into the Wesley Seale and Choke Canyon Dams video surveillance system and is fully compatible with the IP phone system being installed at the City's EOC. FUNDING: Funding will be from the Gas Department budget as follows: 4130 - 34000 - 550040. REQUIRED COUNCIL ACTION: City Council approval is required for purchases over $25,000. RECOMMENDATIONS: Staff recommends amendment of the SBC DataComm, Inc. contract to allow for the purchase of a turnkey IP phone system with interactive voice response and integrated contact distribution integration for Gas Department at a cost of $56,009.34. 0.f". ,\GcO Ogilvie Gericke, P.E. Director of MIS o4-w/1 Debbie Marroquin, P.E. Gas Superintendent CONTRACT SUMMARY Vendor: SBC DataComm, Inc. Contract Terms: This contract amendment is for purchasing of a turnkey IP Phone System with Interactive Voice Response and Integrated Contact Distribution integration from SBC DataComm, Inc. for $56,009.34. Contract Cost: The total contract cost not to exceed $557,570.34. 9 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: 06/25/02 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept the final Notification of Funds Award for fiscal year 2002, in the amount of $177,933 from the Coastal Bend Council of Governments - Area Agency on Aging for the Elderly Nutrition Program; and declaring an emergency. Item B: Ordinance appropriating a grant in the amount of $177,933 from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 Federal /State Grants Fund for the Elderly Nutrition Program; and declaring an emergency. Item C: Ordinance appropriating funds in the amount of $45,000 in additional program income from anticipated Participant Contributions in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program; and declaring an emergency. ISSUE: The City of Corpus Christi provides congregate meals, home delivered meals, and benefits counseling services for citizens sixty years and older. Funding for these programs is provided through federal and state grants which must be formally accepted and appropriated each year. Authorization for the program grants will be for the period October 1, 2001 through September 30, 2002. PRIOR COUNCIL ACTION: Items A and B: On November 13, 2002, Council approved a motion to grant authorization to accept a $579,602 grant based on a letter of intent and executed a contract with the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. Item C: The additional program income from the anticipated Participant Contributions in this year's budget must be appropriated in the No. 1050 Federal and State Grant Fund. RECOMMENDATION: Council authorization requested to accept and appropriate funds for the Elderly Nutrition Program and the additional program income from the anticipated Participant Contributions. Daniel L. Whitworth, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City receives grant funding for senior citizens' programs through federal and state grants. The City has submitted federal grant funding for the Elderly Nutrition Program. The Area Agency on Aging of the Coastal Bend has informed the City that federal and state grant funds are available for the Elderly Nutrition Program for FY 01 -02. Each year, the City submits Request For Proposals to fund senior programs which include the Elderly Nutrition Program. Items A and B: The Elderly Nutrition Program (ENP) provides social services and a nutritious lunch to persons 60 years of age or older at nine senior centers located throughout the City. Last fiscal year we served 138,797 meals to 3,953 seniors. The centers also provide recreational and social services for persons age 50 and older, and benefits counseling services to those 60 and over. City staff provided 725 hours of benefits counseling services to 265 older adults in the City. These federal funds do require a local match which is budgeted as part of the FY 01 -02 City budget. Item C: Additional program income is received through donations from senior center participants and home delivered meal program clients. As per federal mandates, all contributions must be exclusively earmarked for food and meal program supply expenditures. CONTRACT SUMMARY Term: October 1, 2001 to September 30, 2002 Compensation: Title III funds will be reimbursed to the City for benefits counseling, congregate meals, and home delivered meals. Reimbursements will be made monthly upon receipt of reimbursement claim vouchers. Assurances: City must comply with all applicable assurances. Subcontractor responsibilities: A) Observe Federal and State regulations as specified by the Area Agency and Texas Department on Aging. B) City shall secure all personnel required to perform services. C) Maintain records and support documents for a five -year period. D) Provide monthly fiscal reports on or before the 10th day following the end of a billing month. E) Identify and maintain inventory of equipment purchased with funds allocated to the subcontractor. F) Provide current information on opportunities and services available to older persons. G) Provide matching funds as agreed. H) Maintain confidentiality of records relating to clients. I) City agrees to follow procedures /assurances regarding voluntary contributions for services by recipients. J) Maintain Client Information System and submit required reports by the 10th day of the following month. Area Agency responsibilities: A) Convey information on federal and state guidelines implementing the Older Americans Act. B) Provide technical assistance. C) Monitor program and fiscal operations. D) Conduct analysis of client usage and service demand data. General Provisions: A) Comply with Single Audit Act of 1984 and OMB Circular A -128. B) No discrimination based on race, color, religion, sex, national origin, age, or handicap. C) Contract may be amended based upon mutually agreed terms. D) Subcontracting of work requires prior written approval of the Area Agency. E) Failure to provide services, after written notice of Area Agency on Aging, may result in default. F) Contract may be canceled by either party with 60 days written notice. G) The City will act as an independent subcontractor. ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $ 177,933 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS - AREA AGENCY ON AGING IN NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $177,933 grant from the Coastal Bend Council of Governments - Area Agency on Aging is appropriated in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal City Secretary Mayor LEGAL FORM APPROVED ,it,-.+ -� , 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: Lisa Aguilar, Ashistant City Attorney H:\LEG- DIR\LISA \ORD3 \ORD3.522 ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $45,000 IN ADDITIONAL PROGRAM INCOME FROM ANTICIPATED PARTICIPANT CONTRIBUTIONS IN THE NO. 1050 FEDERAL /STATE GRANTS FUND FOR THE ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $45,000 in additional program income from anticipated Participant Contributions is appropriated in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal City Secretary Mayor LEGAL FORM APPROVED r_ , 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: Lisa Aguilar, As City Attorney H:V.EG- DQt\ LISA \ORD3 \ORD3.523 10 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: 06/25/02 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a contract with the Coastal Bend Council of Governments — Area Agency on Aging/Direct Purchase Vendor Agreement with the Senior Companion Program for fiscal year 2002, in the amount of $30,000; and declaring an emergency. Item B: Ordinance appropriating resources in the amount of $30,000 in anticipated funds from the Coastal Bend Council of Governments — Area Agency on Aging/Direct Purchase Vendor Agreement in the No. 1050 Federal /State Grants Fund for the Senior Companion Program; and declaring an emergency. ISSUE: The City of Corpus Christi provides specialized in home services to clients with Alzheimer's or related diseases through the Park and Recreation/Senior Community Services /Senior Companion Program. Funding for these programs is provided through a Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments — Area Agency on Aging and must be formally accepted and appropriated each year. Authorization for the program grant will be for the period November 1, 2001 through September 30, 2002. RECOMMENDATION: Council authorization requested to accept and appropriate funds from the Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments —Area Agency on Aging. tactice Daniel L. Whitworth, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound and elderly persons in the community. The Companions assist homebound individuals with daily living tasks, such as meal preparation, respite care, grocery shopping and light housekeeping. Their assistance allows homebound clients to remain in their homes, delaying institutionalization. Companions receive a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. This benefit assists the Companion financially and allows them to become more involved in the community. CONTRACT SUMMARY The Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments — Area Agency on Aging states that the City of Corpus Christi Senior Companion Program will provide in -home care and respite services for clients referred by the Area Agency on Aging on a requested basis. The services will be reimbursed at the unit rate of $5.50 per hour of service. The vendor agreement period is from November 1, 2002 through September 30, 2002. ORDINANCE APPROPRIATING RESOURCES IN THE AMOUNT OF $30,000 IN ANTICIPATED FUNDS FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS -AREA AGENCY ON AGING/DIRECT PURCHASE VENDOR AGREEMENT IN THE NO. 1050 FEDERAL /STATE 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: SECTION 1. That $30,000 in anticipated funds from the Coastal Bend Council of Governments -Area Agency on Aging/Direct Purchase Vendor Agreement is appropriated in the No. 1050 Federal /State 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 (1) fmds and declares an emergency due to the need for inunediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal City Secretary Mayor LEGAL FORM APPROVED d , 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney H:\LEG- DIR\LISA \ORD3 \ORD3.524 11 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: 06/25/02 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a service agreement contract from the Texas Department of Public and Regulatory Services for fiscal year 2002, in the amount of $625 for the Adult Protective Services/Emergency Home Delivered Meals program; and declaring an emergency. Item B: Ordinance appropriating resources in the amount of $625 in anticipated service agreement contract funds from the Texas Department of Public and Regulatory Services in the No. 1050 Federal/State Grants Fund for the Adult Protective Services/Emergency Home Delivered Meals program; and declaring an emergency. ISSUE: The City of Corpus Christi provides for home delivered meals for persons identified by the Texas Department of Protective and Regulatory Services. Authorization for the service agreement contract will be for the period of September 1, 2001 through August 31, 2002. PRIOR COUNCIL ACTION: Items A and B: On an annual basis the Council approves a motion to grant authorization to execute a service agreement contract with the Texas Department of Protective and Regulatory Services for home delivered meals. RECOMMENDATION: Council authorization requested to accept and appropriate funds for the Texas Department of Protective and Regulatory Services service agreement contract. Daniel L. Whitworth, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City receives grant funding for senior citizens' programs through federal and state grants. The City has submitted and received an executed service agreement contract with the Texas Department of Protective and Regulatory Services. The goal of the TDPRS /Adult Protective Services division is to protect elderly adults and persons with disabilities from abuse, neglect and exploitation. This service agreement contract anticipates serving 120 meals for FY 01 -02. Items A and B: The Texas Department of Protective and Regulatory Services (TDPRS) / Adult Protective Services division purchases a home delivered nutritious lunch prepared by the Senior Community Services Program at a rate of $4.88 per meal. The meals are delivered to elderly and/or disabled persons throughout the City. Senior Community Services subcontracts with a delivery service company for meal distribution. The participants in this program are screened and referred to Senior Community Services by TDPRS staff on an emergency basis. The menus are certified by a dietician, and meet 1/3 of the RDA. In FY 00 -01, TDPRS purchased a total of 33 meals. This service agreement contract does not require a local match. CONTRACT SUMMARY Texas Department of Protective and Regulatory Services Adult Protective Services / Emergency Client Services Service Statement City of Corpus Christi, Home Delivered Meals hereinafter referred to as the Provider, does hereby agree to the following: A. Provide services according to the attached service statement during the time period September 01, 2001 through August 31, 2002. B. Serve individuals designated eligible for services by the Texas Department of Protective and Regulatory Services Adult Protective Services (APS) staff at the negotiated rate of Five Dollars and Twenty One Cents ($5.21) per meal for Community Care for the Aged and Disabled (CCAD) home delivered meal services. (NO LOCAL MATCH REQUIRED). C. Provide services in accordance with current or revised APS policy. D. Comply with the Texas Department of Human Services minimum standards and CCAD Services program requirements for home - delivered meals. E. Submit billings as required by APS on or before the thirtieth (30th) day following the last day of the month in which service is provided. If the required billings have not been received by the ninetieth (90th) day following the last day of the month in which service is provided, this may be considered failure to comply with the contract. F. Establish a method to guarantee the confidentiality of records and other information relating to the client in accordance with applicable federal and state laws, rules, and regulations. This provision shall not be considered as limiting APS' right of access to recipient case records or other information relating to clients served under this agreement. G. Keep financial and supporting documents, statistical records, and any other records pertinent to the service for which a claim was submitted to APS. The records and documents will be kept for a minimum of three (3) years and ninety (90) days after termination of services. H. Make available at reasonable times and for reasonable periods those client records, books, and supporting documents pertaining to services provided for purposes of inspection, monitoring, auditing, or evaluating by APS personnel or their representatives. I. Respond reasonably and promptly to all complaints. The Provider must investigate and respond in writing to all written complaints within fourteen (14) days of receipt. The Provider must maintain accessible and available records of each complaint and its resolution. J. Comply with the Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112), The American with Disabilities Act of 1990 (Public Law 101 -336), and all amendments to each, and Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. K. For providers of client services: Comply with Texas Health and Safety Code, Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). L. This agreement may be terminated for cause, and upon thirty (30) days advance written notice may be terminated without cause. M. This agreement is subject to availability of state /and or federal funds. If such funds become unavailable or reduced, APS may give written notice of immediate cancellation of the agreement. 1 ORDINANCE APPROPRIATING RESOURCES IN THE AMOUNT OF $625 IN ANTICIPATED SERVICE AGREEMENT CONTRACT FUNDS FROM THE TEXAS DEPARTMENT OF PUBLIC AND REGULATORY SERVICES IN THE NO. 1050 FEDERAL /STATE GRANTS FUND FOR THE ADULT PROTECTIVE SERVICES/EMERGENCY HOME DELIVERED MEALS PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $625 in anticipated service agreement contract funds from the Texas Department of Public and Regulatory Services is appropriated in the No. 1050 Federal /State Grants Fund for the Adult Protective Services/Emergency Home Delivered Meals program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal City Secretary Mayor LEGAL FORM APPROVED , 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: Lisa Aguilar, Assiut City Attorney HALEG-DIR\LISA \ORD3 \ORD3.525 12 AGENDA MEMORANDUM June 25, 2002 SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416) Award of Contract for Biological Monitoring Services AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project. ISSUE: The Texas Natural Resource Conservation Commission (TNRCC) requires biological monitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring will result in the data necessary to permit a determination of the project impact on primary production, phytoplankton biomass, species abundance and diversity and emergent marsh vegetation in the project area and nearby marshlands. FUNDING: Funds for these contracts are available in the Water Supply Development and Environmental Studies activities of the Water Department's FY2001 -02 adopted Operating Budget. RECOMMENDATION: Approval of the motion as presented. 6/9/02 Edua .. na, P.E. Wate u. Intendent Attachments: Exhibit A: Background /Summary of Contracts Exhibit B: Prior Council Action Exhibit C: Location Map • el R. Escobar, P. E. Director of Engineering Services Page 1 of 1 H: \HOME \KEV I NS \GEN \WATER \RI NOON \YEAR t V'AWARDMEMO.DOC Background /Summary of Contract SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416) Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to approve amendments to address future the biological monitoring for the Rincon Diversion project. The City has worked closely with TNRCC to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required by Allison project, as determined by an annual assessment. PROJECT TASKS: The following monitoring will be performed: • Primary production and phytoplankton biomass (chlorophyll a) in marsh ponds and channels will be measured and correlated with measured water column parameters. • Biomass, species abundance and diversity of benthic infauna will be determined and compared to relevant changes in water quality. • Species composition, percent cover and plant canopy structure of emergent marsh vegetation in Nueces Marsh will be quantified in relation to soil pore water salinity, soil moisture and inorganic nitrogen levels (NH4+ and NO3 + NO2-) to assess changes in macrophyte primary production due to freshwater diversion and natural water cycle variations. The University of Texas Marine Science Institute will deliver an annual written report by December 31, 2002. Each chapter will be based on the three tasks: • Hydrography, Nutrients and Phytoplankton (Villareal); • Benthos (Montagna); and • Emergent Vegetation (Dunton). Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various parameters will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. These annual reports will be technical reports of the UT Marine Science Institute and will be submitted to the City. H:\ HOME \KEVINS \GEN \WATER \RINCON \YEAR1 \ ^AW DBKGExhibitA.doc EXHIBIT A Page 1 of 2 PROJECT OVERVIEW: Backaround: The City's overall strategy for long -term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon /Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two - phased planning study that recommended the potential beneficial re -use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. Monitoring: The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The TNRCC requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. CONSULTANTS INFORMATION: UTMSI has conducted similar on -going biological and chemical monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, UTMSI is singularly qualified to continue the provide monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TNRCC. The review and integration of the various studies will be the responsibility of Alan Plummer Associates. That contract provided the development of the unified monitoring program for the Rincon Diversion with TNRCC. TERM: UTMSI performed monitoring services beginning October 1, 2001 pending resolution of the monitoring required by TNRCC. It is proposed those services performed incurred prior to the approval of this contract beginning October 1, 2001 be reimbursed. The monitoring period is therefore from October 1, 2001 through September 30, 2002. FEES: The City will pay UT a fixed fee not to exceed $118,192 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred. H:\HOM E \KEV I NS \GEN \WATER \RI NCONWEAR t \"AW DBKGExhibitA.doc EXHIBIT A Page 2 of 2 PRIOR COUNCIL ACTIONS 1. April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase 11 in April, 1992 ($79,000 of $258,000). 2. January. 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94 -051). 4. September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95 -284). 5. October 15. 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A &M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96 -332) 6. November 19. 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96 -348). 7. April 8 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97 -73). 8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP /Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98 -398); Exhibit B Page 1 of 3 b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98 -399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98 -400). 10. September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99 -337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99 -338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99 -339). 11. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000 -360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000 -361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000 -362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000 -363). 13. March 13, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re- Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001 -106). Exhibit B Page 2 of 3 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project — Nueces Overflow Channel (M2001 -273). 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001 -402). 16. November 13,2001 — a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001 -421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001 -422). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001 -423). Exhibit B Page 3 of 3 File : \Mproject\ councilexhibits \exh.8379,8416dwg. RINCON BAYOU DIVERSION PROJECT LOCATION LaBONTE PARK RIVER / CITY PROJECT No. 8379 &8416 LOCATION MAP NOT TO SCALE EXHIBIT "C" RINCON BAYOU DIVERSION PROJECT . CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL. EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -19 -2002 c I■1, = 13 AGENDA MEMORANDUM DATE: June 25, 2002 SUBJECT: Southside Transmission Main, Phases 2, 2a and 3 Southside Gas Transmission Main, Parts B and C AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services contract with Urban Engineering in the amount of $454,125.00 for the Southside Water Transmission Main, Phases 2, 2a & 3 and Southside Gas Transmission Main, Parts B & C. ISSUE: In order to meet the project schedule in an efficient and economical manner, it is necessary to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. Additional work to this contract will include land acquisition services to for the Gas Transmission Main from County Road 36 to the South Staples Street Pumping Plant and design services from Saratoga to Old Brownsville Road to County Road 36. FUNDING: Funds for this project are available in the FY 2001 -2002 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Council Action Exhibit "C" Contract Summary Exhibit "D" Location Map 4FR. Escobar, P. E. or of Engineering Services F o/n PENGINEERINGIDATAI WOMFlI YNOAS\GEN\WATFR\O N. Stevens Water Treatment Planl\8274 -8276- Southside Trans Main Ph 2 2A & SWnendment NO 1>QG AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Transmission Main, Phases 2, 2a and 3 Southside Gas Transmission Main, Parts B and C PRIOR COUNCIL ACTION: SEE EXHIBIT "B" FUTURE COUNCIL ACTION: Approval of construction contract(s) to complete the projects as required. PROJECT BACKGROUND: The Council- approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant to a new pumping plant, (Staples Street Pumping Plant), to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. This transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Due to the peak work load of the City's Land Acquisition department on Bond Issue 2000, CIP, Airport Expansion and CDBG projects, it has become necessary to outsource the negotiations and acquisition process for the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. This is being recommended as an option to expedite the project and meet the schedule requirements. Council approved the Southside Gas Transmission Main as a Capital Improvement Project in the FY 2001 — 2002 Capital Budget. To facilitate land acquisition and design for this project, a 16" diameter gas pipeline will be constructed parallel to the proposed water main project. PROJECT DESCRIPTION: This project proposes to: 1. Provide services to acquire approximately 54 utility easements for construction of the Southside Water and Southside Gas Transmission Mains. Services will include: • coordination and planning for acquisition, • land appraisals, • negotiations for easements, and • legal services. EXHIBIT "A" Page 1 of 2 11ENGINEERINGIDATAI WOMELLYNDASIGEMWATERIO.N. Stevens Water Treatment PIan1\3274-8276- Southeide Trans Main Ph 2,2A & 3Wnenciment NO. 118ackpouq.doc 2. Provide design services necessary for the construction of the: • Southside Gas Transmission Main Part C (Saratoga at Old Brownsville Road to County Road 36) CONTRACT /FEE SUMMARY: A contract summary and fee is attached as Exhibit "C ". EXHIBIT "A" Page 2 of 2 \\ ENGINEERINGDATAt \NOME\LVNDAS \GEMWATER \O.N. Stevens Water Treatment Plarn\8274-8276- Southside Trans Main Ph 2,2A Si 3Wnendment NO. 1\Seckground.doc AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 2, 2a & 3. 1. September 9. 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97 -246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 16, 1997 - Approval of the FY97 -98 Capital Budget (Ord. No. 023174). 4. June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98 -208). 5. September 22. 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98 -327). 6. September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98 -328). 7. November 10, 1998 - Approval of the FY98 -99 Capital Budget (Ord. No. 023474). 8. March 23. 1999 - Approval of site selection and authorization to proceed with acquisition (M99 -078). 9. March 23, 1999 - Amendment to the FY98 -99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10. March 23. 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 -inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16 -inch waterline near Country Creek (M99 -079). 11. May 18, 1999 - Award of purchasing contract to A &H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22. 1999 - Award of construction contract to Pre -Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99 -189). EXHIBIT "B" Page 1 of 2 \\ENGINEERING1DATA1 WOMELLYNDAS\GEMWATER\O.N. STEVENS WATER TREATMENT PLANT\8274-8276- SOUTHSIDE TRANS MAIN PH 2,2A 8 3WMENDMENT NO. 1 \PRIOR COUNCIL ACTION.DOC 14. July 20. 1999 - Approval of FY99 -00 Capital Budget (Ord. No. 023703). 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99 -342). 16. October 19. 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99 -361). 17. April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -106). 18. April 18, 2000 — Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9. 2000 — Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19.2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -332). 21. December 12, 2000 — Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000 -434). 22. December 12, 2000 — Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000 -435). 23. February 13,2001 — Approval of acquisition of Parcels No. 31a and 31b for $28,291 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -060). 24. April 17. 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 — O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 — Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001 -162) EXHIBIT "B" Page 2 of 2 \\ENGINEERING\DATAI WOMEQVNDAS \GEN\WATER\O.N. STEVENS WATER TREATMENT PLANM270- 8276-SOUTHSIDE TRANS MAIN PH 2,2A 8 3WMENDMENT NO. 1PRIOR COUNCIL ACTION.DOC CONTRACT SUMMARY AMENDMENT NO 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and Urban Engineering hereinafter called "Engineer ", agree to the following amendments to the Contract for Engineering Services for Southside Transmission Main Phases 2, 2a and 3 — Clarkwood to Staples Street Pumping Plant (FM 2444) as authorized by: Original Contract 1 April 24, 2001 1 Motion No. M2001 -162 1 $1,247,003.00 Exhibit "A ", Section I. SCOPE OF SERVICES, Paragraph B., ADDITIONAL. SERVICES, (ALLOWANCE) shall be modified by the inclusion of the additional paragraphs shown below. 7. Right -of -Way Acquisition. Provide services to acquire approximately 54 utility easements for construction of the project. Services will include coordination and planning for acquisition, land appraisals, negotiations for easements and legal services as necessary and outlined in Exhibit A -1. 8. 16" Diameter Gas Main. Provide services for plan preparation to include the construction of approximately 25,000 feet of a 16" diameter gas pipeline from County Rd. 36 to Old Brownsville Road to be constructed parallel to the proposed water main project. Services will include specifications and providing additional plan sheets showing plan and profile of the proposed gas pipeline paralleling the water main. Services will also include the preparation of traffic control plans and specifications for the entire project as outlined in Exhibit A -1. Exhibit "A ", Section 2. SCHEDULE, shall be modified by the inclusion of the following schedule shown below. 2. SCHEDULE Friday June 28, 2002 Complete Boundary Surveys Friday July 26, 2002 60% Submittal Friday August 16, 2002 City Review Friday September 20, 2002 100% Submittal Friday October 11, 2002 City Review Friday October 25, 2002 Final Submittal Monday November 4, 2002 Advertise For Bids Wednesday November 20, 2002 Pre -Bid Conference Wednesday December 4, 2002 Receive Bids Tuesday December 17, 2002 Contract Award Monday January 20, 2003 Begin Construction Friday December 19, 2003 Complete Construction Exhibit "A ", Section 3. FEES, Part C. Summary of Fees Is amended to read: See Summary of Fees attached as Exhibit "A" Summary of Fees. EXHIBIT "C" Page 1 of 5 SOUTHSIDE TRANSMISSION MAIN AMENDMENT NO. 1 PHASE 2 - 54" DIAMETER (PROJECT NO. 8274) PHASE 2A - 36" DIAMETER (PROJECT NO. 8389) PHASE 3 - 48" DIAMETER (PROJECT NO. 8276) June 17, 2002 Fees for Basic Service Phase Two 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Sub -Total Fees Basic Service Fees for Additional Service 1. Permitting 2. ROW Acquisition Survey/Title Reports 3. Aerial Photography 4. Topographic Services 5. Environmental Assessments 6. Warranty Phase 7. Right -of -Way Acquisition 8. 16" Gas Main Sub -Total Fees Additional Service Total of Authorized Fees Total Amendment No. 1: $454,125 Original Contract Amendment No. 1 Total Contract 197,525.00 0.00 197,525.00 655,094.00 0.00 655,094.00 16,100.00 0.00 16,100.00 118,800.00 0.00 118,800.00 987,519.00 0.00 987,519.00 35,834.00 0.00 35,834.00 76,228.00 0.00 76,228.00 48,022.00 0.00 48,022.00 30,500.00 0.00 30,500.00 66,500.00 0.00 66,500.00 2,400.00 0.00 2,400.00 0.00 372,700.00 372,700.00 0.00 81,425.00 81,425.00 259,484.00 454,125.00 713,609.00 1,247,003.00 454,125.00 1,701,128.00 EXHIBIT "C" Page 2 of 5 AMENDMENT NO. 1 EXHIBIT A -1 CITY OF CORPUS CHRISTI, TEXAS SOUTHSIDE WATER TRANSMISSION MAIN PHASES 2, 2A, & 3 SOUTHSIDE GAS TRANSMISSION MAIN PARTS A & B ADDITIONAL SERVICE NO. 7 — ROW ACQUISITION 1. Provide coordination and planning services for acquisition of approximately 54 parcels consisting of utility easements to be acquired by the City of Corpus Christi along the route of the proposed water and gas pipelines. Coordination will include weekly status reports to the City. 2. Resolve approximately two (2) remaining Right -Of -Entry problems to obtain access for survey and easement preparation. If access is denied provide delivery of documentation to law firm for legal action to enforce City of Corpus Christi survey right. 3. Provide appraisals of approximately 54 parcels of land to establish a value of the easement. Each appraisal report will be prepared in conformity with the Uniform Standard of Appraisal Practice and the Code of Ethics of the Appraisal Institute. Appraisals may be used for litigation purposes if agreement cannot be reached wit the landowners. (Appraisal participation required for condemnations will be billed hourly, an allowance has been provided as shown in the fee breakdown following this section) 4. Provide supplemental title research associated with condemnation to update the research completed to include probate records, divorce records, identify mortgage holders, tax liens, and contacting Secretary of State for corporation and partnership information. 5. Negotiate in good faith on behalf of the City for the purchase of easements. Prepare all documentation for the negotiation of easements and settlement of damages. When sufficient time and efforts to negotiate the purchase of the proposed easement does not result in a purchase, the appraiser will conduct a updated appraisal for the purpose of condemnation. Concurrently, a hearing will be scheduled for the acquisition of the easement by condemnation. 6. Settle crop and land damages to each affected property owner. 7. In the event that one or more of the proposed easements cannot be obtained through a good faith negotiation, obtain subordination from the affected lien holder for condemnation. Prepare for and provide testimony at condemnation hearings (Testimony and participation in condemnations will be billed hourly, an allowance has been provided as shown in the fee breakdown following this section). EXHIBIT "A -1" Page 3 of 5 AMENDMENT NO. 1 8. Provide legal services as necessary to obtain easements and participate in condemnations. Legal services shall be billed hourly, an allowance has been provided as shown in the fee breakdown following this section. Right of Way Acquisition Fee Breakdown Quantity Unit Price Total Urban Engineering 1 LS $51,000 $51,000 Appraisals 54 EA $1,250 $67,500 Right -Of -Way Services. 1 LS $162,000 $162,000 Legal Services (Allowance) 1 LS $17,000 $17,000 Condemnation Hearings (Allowance) Urban Engineering 128 Hr $125 $16,000 Appraisals 128 Hr $150 $19,200 Legal 8 Ea $5,000 $40,000 Total $372,700 ADDITIONAL SERVICE NO. 8 — 16" DIAMETER GAS MAIN 1. Provide additional topographic surveys necessary for design of the 16" gas main. New gas main will parallel the proposed Phase 2 water transmission main. 2. Develop and /or incorporate City provided standard details for pipeline construction including creek crossings, cathodic protection, etc. City will provide gas pipeline standard details. 3. Meet with City Staff to review preliminary issues, right -of -way issues and details as needed. 4. Gas main plans and specifications will be developed based on the City supplying the pipe and the Contractor providing the installation. Plans for the 16" dia. gas main will be included for bidding with the Southside Transmission Main Phase 2, 2a and 3 project. 5. Develop design plans for the 16" dia. gas main to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. Additional plan sheets will be added to the project for the 16" dia. gas main. 6. Develop a traffic control plan to be incorporated in the final construction drawings for the entire project, County Rd 36 to Staples St. Pumping Plant. EXHIBIT "A -1" Page 4 of 5 AMENDMENT NO. 1 7. Develop and /or incorporate City Standard technical specifications for the 16" dia. gas main to include all relevant standard City specifications and special provisions where warranted. City will provide gas pipeline standard specifications. 8. Prepare required additional permits for the gas main for City signature and submit for approval. 9. Provide project control and quality review of senior staff to insure project quality and completeness. 10. Develop project cost estimate, provide all submittal to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 11. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 12. Attend pre - construction meeting, review Contract Documents and respond to Contractor's questions. 13. Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. EXHIBIT "A -1" Page 5 of 5 San Patricio County t@r R,, Nk Z, N ,y NUECES BAY ,� CIO t CR 11 IL"I7 Im Y CCIA Ka 7,000' 42- 31,000' 2'31,000' 54' .x Q . NAS LAGUNA MADRE STAPLES ST PUMPING PLANT 36,000' 48' VK,W. GULF OF LOCATION MAP a�MEXICO NOT TO SCALE J# LAND ACQUISITION CITY COUNCIL EXHIBIT SOUTHSIDE WATER TRANSMISSION MAIN, PH. 2, 2a & 3 DEPARTMENT OF ENGINEERING SERVICES SOUTHSIDE GAS TRANSMISSION MAIN PART B & C PAGE: 1 of 2 c CITY OF CORPUS CHRISTI, TEXAS GATE- 6/20/02 EXHIBIT"D" EXHIBIT "D" t u b DATE: 6/20/02 CITY OF CORPUS CHRISTI, TEXAS 14 AGENDA MEMORANDUM DATE: June 25, 2002 SUBJECT: RTA Inter -local Agreement for Street Improvement AGENDA ITEM: Ordinance appropriating $500,000.00 into the Street CIP Fund No. 3530 from the Regional Transportation Authority for the RTA 2002 Special Projects Program, increasing Fund 3530 appropriations by $500,000.00; and declaring and emergency. ISSUES: Funds must be appropriated prior expenditure. RECOMMENDATION: Approval of the resolution and ordinance as presented. R �i sslw -� 0. 02 gdl R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Additional Information Exhibit B — Notification of Additional Funding H:\ HOME \KEV I NS \GEN \RTA\CY2002 \AAGR. DOC ADDITIONAL INFORMATION BACKGROUND: The agreement between the City and the RTA provides for the City Manager and Executive Director to execute the annual agreement. Council action is required to appropriate the Special Projects Funds. The General Purpose Street Improvement Program funds are appropriated as part of the budget process. 2002 FUNDING: The CY2002 funding consists of $1,002,311 for General Purpose Street Improvements and $500,000 for Special Projects primarily benefiting the RTA. RTA has set aside $500,000 for Special Projects during the past three years. PRIOR AGREEMENTS: The format of the current agreement with the Street Improvement Fund began in 1999. The City and RTA operated under a 1985 agreement until 1991. The 1985 agreement provided for the RTA to pay the City an amount for certain transportation - related purposes that was adjusted by the inflation rate each year. During December 1991, the RTA Board established two funds to benefit all cities in the RTA service area. The 1991 Street Improvement Fund continued the payment for certain transportation - related purposes. The proceeds of the second fund (Transportation Assistance Fund) were used by the City of Corpus Christi to defray the cost of Emergency Medical transportation until 1999. AGREEMENT SUMMARY: The 1985 agreement was not terminated by the current inter -local agreement. The 1985 inter -local agreement remains in full force and effect should the current inter -local agreement not be renewed in the future. The agreement allows both the RTA and City to identify particular projects being funded through the Program well in advance, and enable the RTA to increase the overall amount available for the new Street Improvement Fund as part of its operating budget. The RTA General Manager and City Manager work together each year to develop a final list of projects to be funded by the RTA. RTA allocates a percentage of its sales tax receipts to fund the new Street Improvement Program. Other major points of the agreement are: 1. the RTA and City may enter into other agreements for street improvements or other transportation related projects of mutual interest outside the terms of this inter -local agreement; 2. the RTA may directly pay the City, reimburse the City, or to directly contract for project depending on whichever alternative is deemed most convenient or efficient; 3. the City will report to RTA within ninety (90) days following the end of each year of the agreement a brief report of funds received, fund expended for each project, and the status of any project not completed; 4. the term of the agreement is for one year, and is subject to automatic renewal; and 5. termination of the agreement is subject to notification to the other party ninety (90) days in advance of termination. Exhibit A Page 1 of 1 NOTIFICATION OF ADDITIONAL FUNDING (Street Improvement Fund) The Regional Transportation Authority in Corpus Christi, Texas ( "RTA "), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas ( "City"), a municipal corporation, have entered into an Interlocal Agreement providing funding by the RTA to the City for a Street Improvement Program. The RTA has allocated the amount of $1,502,311.00 for its fiscal year 2002 under the existing Interlocal Agreement. This amount includes $1,002,311.00 in the general purpose street improvement program and $500,000.00 for the special projects program. All terms and conditions of the Interlocal Agreement shall continue in full force and effect and apply to this additional funding. DATED this 1st day of May, 2002. ACCEPTED: CITY OF CORPUS CHRISTI, TEXAS By: F:\ 11\ RTAVntLoc- TnnzFund- Notice-CC.doc REGIONAL TRANSPORTATION AUTHORITY By: Linda S. Watson, Genera " : ger Exhibit B Page 1 of 1 ORDINANCE APPROPRIATING $500,000 INTO THE STREET CIP FUND NO. 3530 FROM THE REGIONAL TRANSPORTATION AUTHORITY FOR THE RTA 2002 SPECIAL PROJECTS PROGRAM, INCREASING FUND NO. 3530 APPROPRIATIONS BY $500,000 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 is appropriated into the Street CIP Fund No. 3530 from the Regional Transportation Authority for the RTA 2002 Special Projects Program. SECTION 2. That Fund 3530 appropriations are increased by $500,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) fmds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: Armando Chapa City Secretary APPROVED James R. Bray, J City Attorney By: Lisa Aguilar Assistant City Attorney , 2002 H: W EG- DIR\LISA \ORD3 \ORD3.520 THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor 15 CITY COUNCIL AGENDA MEMORANDUM Date: June 5, 2002 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Tiburon, Inc. in the amount of $110,935 for maintenance and software support services on the Police Department's Records Management, Computer Aided Dispatching, Mobile Data, Automated Vehicle Location systems, and Video Imaging. The term of the contract is one year. ISSUE: The Police Department computer systems require annual maintenance and software support to continue operating efficiently. Tiburon, Inc. holds exclusive rights to the software on the system and is solely responsible for its maintenance. BACKGROUND INFORMATION: The Records Management System is the backbone of all information processed by the Police Department — offense reports, traffic reports, supplementary reports, pawn shop module, alarms records, criminal history checks, arrests records, etc. The Computer Aided Dispatching is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. Mobile Data are the laptops in the vehicles and Automated Vehicle Location is the software to provide locations of all patrol units on a GIS mapping system. The Video Imaging System purchased by the Crime Control District last year has also been included at a cost of $11,314. FUNDING: The total amount of the agreement is $110,935, a $12,060 increase primarily for the Video Imaging System that is paid by the Crime Control and Prevention District. This will be the sixth year for the contract and funds have been budgeted in the Police Department operating budget for FY 2001/02 and in the Crime Control and Prevention District FY 2001/02 budget. REQUIRED COUNCIL ACTION: Approval of the contract. RECOMMENDATION: Staff recommends approval of the contract. P. Alvarez, J Chief of P•. e Attachments: Contract Tiburon April 16, 2002 Captain Leonard Scott Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Dear Captain Scott, Tiburon, Inc. Tiburon Business Center 39350 Civic Center Drive, Suite 100 Fremont, California 94538 Tel: (510) 792 -2108 Fax: (510) 792 -2897 www.tiburollinc.com The agreement for on -going maintenance between Tiburon and the Corpus Christi Police Department expires on June 30, 2002. To be sure that the renewal process is completed prior to this expiration date, I have enclosed the new exhibits that will replace the current exhibits and become part of the agreement. In an effort to streamline the renewal process, you will notice that some changes have been made to the exhibits. Exhibit A now provides that the agreement will continue until terminated in accordance with its terms. The enclosed exhibits will automatically become part of the agreement and will supersede and replace the current exhibits. It is no longer necessary for you to sign and return the exhibits. Please take a moment to review these changes, and call your Tiburon account manager or me if you have any questions. My phone number is 510- 792 -2108 extension 2028. If you require any changes to the covered software or service options on the enclosed exhibits, please contact your Tiburon account manager within thirty days of the date of this letter. An invoice will be sent to you shortly under separate cover. Sincerely, Loren Hopper Contract Administrator Enclosures EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 CONTACT — Captain Leonard Scott CLIENT # NU115 -02 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service (the "Agreement "). The term of the Agreement shall commence on the effective date and shall continue until termination in accordance with the terms thereof. This exhibit sets forth the current annual maintenance fee for the software applications and software modules listed below. Upon payment of the amount set forth below, this Exhibit A shall be attached to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement. Tiburon reserves the right to increase the annual maintenance fee on an annual basis upon ninety (90) days prior written notice to the CLIENT, which adjustments shall become effective on the anniversary of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes in the software applications and software modules listed below or changes in the level of support provided under the Agreement. Such adjustments will be charged or credited as incurred on a pro rata basis and will be reflected in a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services outside the scope of Basic Services and Options included in the CLIENT's annual maintenance fee shall be invoiced to the CLIENT as incurred. All such invoices shall be due and payable within thirty (30) days of CLIENT's receipt thereof. Tiburon reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi- annual or quarterly invoices. Software Model Months CPU Make Start End Total Fees PRMS 12 7/1/02 6/30/03 $ 15,515.00 ICN 12 7/1/02 6/30/03 $ 2,070.00 CAD 12 7/1/02 6/30/03 $ 15,515.00 MCI 12 7/1/02 6/30/03 $ 2,070.00 911 Interface 12 7/1/02 6/30/03 $ 2,070.00 EXT -State 12 7/1/02 6/30/03 $ 3,722.00 Pers- Training 12 7/1/02 6/30/03 $ 2,070.00 Pawn Upload 12 7/1/02 6/30/03 $ 3,780.00 Court Interface 12 7/1/02 6/30/03 $ 7,134.00 FRMS 12 7/1/0 6/30/03 $ 6,615.00 AVL 12 7/1/02 6/30/03 $ 6,300.00 MDC 12 7/1/02 6/30/03 $ 13,104.00 WFR 12 7/1/02 6/30/03 $ 19,656.00 TIPS 19.5 11/15/01 6/30/03 $ 11,314.00 Total $110,935.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). Corpus Christi Ex A 2002 Page 1 of 1 EXHIBIT B TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service (the "Agreement "). Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be attached to, and become part of the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit B which, upon payment of any additional amounts due, shall be attached to, and become part of, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call -out charges will apply as described below. Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation requirements. A report will be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi -year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. The following is paraphrased from the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as Phoenix — Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail Management Information System, and Communication & Interfaces. The Tiburon User Group Conference is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year /per system (initial) Products not normally covered by 24 -hour support may optionally be supported with 24 -hour coverage (including TIBURON holidays). Applicable call -out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON provided third -party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third -party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Corpus Christi Ex B 2002 Page 1 of 2 GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on -site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through this Agreement, and a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.) TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call -Out Charges Systems not covered under 24/7 support, call -outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a two -hour minimum. If CLIENT's systems are covered under the 24/7 support, the off -hour call -out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial -in service. If CLIENT does not provide this support for dial -in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on -site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Corpus Christi Ex B 2002 Page 2 of 2 16 CITY COUNCIL AGENDA MEMORANDUM 1C Date: June 2002 AGENDA ITEM: Motion approving the purchase of Mobile Viewer software for the TIPS video imaging system from Tiburon, Inc. for the total amount of $40,527. The equipment is for the Police Department funded through the COPS MORE grant and is based on Sole Source. ISSUE: Purchase of the equipment is necessary to move forward with implementation of the COPS MORE grant to provide additional technology to personnel. BACKGROUND INFORMATION: The Police Department was awarded a COPS MORE grant in October 2001 to fund the purchase of mobile computing units, personal computers, crime analysis software and video imaging software. This software will extend the video imaging system to officers in the field, providing access to a color image via the laptop computer each time they make a name inquiry on an individual. The officers may also search the image database by name, case number, or date. The purchase is sole source as an additional software package on the existing Tiburon video imaging system. FUNDING: Funds are available from the COPS MORE grant. REQUIRED COUNCIL ACTION: Approval of purchase. RECOMMENDATION: Staff recommends approval of purchase. the world reader in public safety and _. iinemws Illirrates Justice information systems June 13, 2002 Ms. Janet Walton Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 Ref: Quote — Mobile Viewer Site License Dear Janet: Tiburon, Inc. is pleased to present the following quote for the installation of Tiburon's Mobile Viewer software. Mobile Viewer is a mobile application designed to query Tiburon's TIPS system currently operating at the Corpus Christi Police Department. Mobile Viewer functionality includes: • Color thumbnail images that are approximately 1.5" wide by 2.5" in height (roughly 3/4 the size of a standard business card), and 3K to 5K file size. • User logon screen (validates user against the TIPS user maintenance utility — usemame authentication only. No password will be used. TIPS functionality access is not controlled by the logon). • Search the image database by Name, Case number, or specific date (not date range due to bandwidth considerations). • Select image type (controlled by INI settings on the laptop). • Mag -stripe reader support for swiping DL for name search. • Provide an audible chime on return of inquiry messages. • The initial return will display "Show Detail" on an exact match, or a pick list for possible matches. • The "Show Detail" and pick list items will be hyperlinks. • Selecting a pick list hyperlink will result in the return of "Show Detail" hyperlinks. • The "Show Detail" hyperlinks will be a single line item for each photo of the person in the TIPS database (multiple views and photo dates). • Selecting the "Show Detail" hyperlink will launch a request for the image and related data, and display for viewing. • Archive retrieved images on the laptop for re-use. • When an image request is launched, if the image resides in the archive, the user will be asked if they want to view the archived image or send the inquiry to the TIPS database. • Mobile Viewer messages are low priority. • Lineups not supported (due to bandwidth considerations). • Printing a thumbnail photo and related data (to a connected printer in the car or mobile command post). Tiburon will provide the following technical services required for the installation of the above system: • On- site/remote installation, testing and certification of the Tiburon software on the TIPS server and one laptop. • On- site /remote testing and certification that the software is production -ready. • Up to 8 hours on -site training (train - the - trainer) and documentation. • Project management and technical services (in conjunction with the Corpus Christi Police Department). The City of Corpus Christi Police Department will be responsible for the following project components: • Provide on- site /remote access to the TIPS server and one laptop via PCAnywhere (PCAnywhere provided by Corpus Christi) • Provide adequate radio system data bandwidth for transferring images and related data between the TIPS server and the mobile devices. • Populate the TIPS user maintenance utility with the appropriate user identifications to allow user access to the mobile viewer software on the laptops. • Determine image type access and setup for the appropriate laptop mobile viewer INI file. • Provide an appropriate mag- stripe reader (if use of reader interface is desired). The Mag- stripe reader must be able to read a three (3) line magnetic stripe — typical for most drivers' licenses and standard on the Texas driver's licenses. • Provide sound capabilities on the laptop for playing embedded application sounds. • Provide a connected printer (if use of mobile print feature is desired). • Coordinate all City activities necessary for the project. This quote is for a site license. Mobile Viewer does not support the creation of line -ups. The City of Corpus Christi is solely responsible for providing adequate radio system data bandwidth for the use of the Mobile Viewer software. Mobile Viewer inquiries are treated as low priority messages so as not to interfere with the receipt of critical call information by the mobile user. Item # Item Description Qty Price Ea. Extended Price Annual Maint. 1 Mobile Viewer Site License 1 $12,000.00 $12,000.00 $2,880.00 Technical services includes; technical support for on- site/remote installation 4 and technical support, project management, system testing, up to 8 hrs. training, and travel related ex.enses 1 $28,527.00 $28,527.00 Total $40,527.00 $2,880.00 This quote is valid for ninety (90) days from the date of this letter. Payment terms are: 50% with initial order, 25% upon software installation on the server and one laptop, and 25% following user training and completion of a seven (7) day final acceptance period or continued use of the product. These quotations do not include any taxes levied by a govermnent agency. Taxes, if applicable, are the responsibility of the City. Should you wish to proceed with this purchase, please notify me and send your purchase order to the attention of Loren Hopper, Tiburon, Inc., 39350 Civic Center Dr., Suite 280, Fremont, CA, 94538 or fax to 510- 742 -1057. We look forward to the opportunity of working with your agency on this project. Sincerely, Allen C. Pigeon Account Manager Tiburon Inc. 17 CITY COUNCIL AGENDA MEMORANDUM Date: May 17, 2002 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $69,995 from the State of Texas, Office of the Governor, Criminal Justice Division, for funding available for continuation of a project to prevent minors from purchasing and consuming alcohol and to execute all related documents. B. Ordinance appropriating $69,995 from the State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1050 State and Federal Grant Fund to implement a project to prevent minors from purchasing and consuming alcohol. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concern in the community. The program will continue to address this problem and enhance the enforcement of underage drinking laws. BACKGROUND INFORMATION: The Criminal Justice Division of the Governor's Office has awarded six month funding to continue a project to prevent minors from purchasing and consuming alcohol. The purpose of the program is to strictly enforce state law regarding underage purchase and consumption of alcohol, discourage the sale of alcohol to minors, and to raise public awareness of alcohol's harmful effects on minors The grant funds overtime officers who work in conjunction with TABC with the following objectives: • Target establishments suspected of a pattern of violations of state laws • Inform both establishments and minors of the consequences of illegal sales and purchases; • Prosecute those who illegally sell and purchase alcoholic beverages. • Promote a strong and consistent message concerning the consequences of underage drinking to be accomplished through the TABC Project SAVE designed to make teenagers aware of consequences of underage drinking and through the DARE curriculum. FUNDING: Funding covers overtime for four officers, four hours a day, 3 days a week, 26 weeks of the year. Equipment to be purchased includes lease vehicles for undercover work and equipment for covert operations. The funding is only for 6 months as the State is reviewing the future availability of funds. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. P Alvarez, Jr. Chief of Polic JUN eu CUUG 1L•lo rm uuvcru,uro urr -cJv JAC YIJ CUYC 1V JJVIVVUCVV1 1 .VC Cr, OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE JB.00420- 15029 -03 Corpus Christi, City of EUDL- Underage Drinking ThIs Acceptance Notice should be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by July 28, 2002. The grantee will not receive any grant funds until this notice is executed and returned to CJD. Part I: The authorized official for this grant project must read the following and indicate agreement by signing this Acceptance Notice below: • The authorized official for the grantee accepts the grant award. • The authorized official, financial officer, and project director, referred to below as grantee officials, agree to the terms of the grant, including the rules and documents adopted by reference in Title I, Part I. Chapter 3, Texas Administrative Code. • It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. • The grantee officials understand that they must satisfy all special conditions placed on this grant before receiving any funds. • The grant must have three separate persons designated to serve as grant officials. Signature of Authorized Official Not, R. GRQ,GH &re lUA7v66g,< Mame & Title (must print or type) Pa, On- 9477 Official Agency Mailing Address CORALS CAWs-n 7X ?VA/ 67 City/Zip Code (3(a g'$o —302.64 (361) ssO- Tel hone Number Fax Number Part II: The position designated by the authorized official to request grant adjustments is the (select one): gPROJECT DIRECTOR [' FINANCIAL OFFICER 2000 - Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 JUN GU GL9UG 1G ;lb rK UUVtKIVUKb urr -LJV Grant Number: Grantee Name: Project Title: Grant Period: Program Fund: JIG 4(7 GV4G IU 7JO1000GOur r".UJ'G4 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD JB-00 -J20- 15029 -03 Corpus Christi, City of EUDL - Underage Drinking 05/01/2002 - 10/31/2002 JB- Juvenile Accountability Incentive Block Grant CJD Award: 569,995 Grantee Cash Match: 50 Grantee In-Kind Match: 50 Total Project Cost: $69,995 The Governor's Criminal Justice Division (CJD) has awarded the above - referenced grant. The approved budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon acceptance of the Governors Criminal Justice Division's rules in Title 1, Part 1, Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to the conditions of grant funding. Required Attachments: Comprehensive Certification 2000-Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463 -1919 JUN eu euue i .so rR uuvcmmiURJ urr -LJv J1c YIJ CUP-IC IV .1.:..,i.",.00.MJI Grant Number. Grantee: Project Title: Grant Period: Funding Source: OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY JB- 00- J20- 15029-03 Corpus Christi, City of EUDL - Underage Drinking 05/01/2002 to 10/31/2002 JB- Juvenile Accountability Incentive Block Grant Regan: 2000 Date: 06/20/02 A. Personnel: B. Contractual: C. Travel: D. Equipment: E. Construction: F. Supplies: G. Indirect: Total: CJD $52,407 $0 51,000 50 $0 $10,198 56,390 569,995 Cash Match so $0 $0 50 50 50 50 50 In -Kind 50 $0 50 50 $0 50 50 $0 TOTAL 552,407 $0 51,000 50 50 $10,198 56,390 $69,995 Budget Detail: A. Four officers x 4 hours x 3 days x 26 weeks 545,360 Fringe $7,047 C. In -state training 51.000 F. Project Supplies $223 Vehicle Lease $ 7,800 Gas/maintenance $1,500 Cell phone $300 Video supplies 5250 Mouth Pieces 5125 G. Indirect Costs per Grantee's Approved Indirect Cost Allocation Plan 56,390. 2000 - Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463 -1919 ** TOTAL PAGE.04 ** ORDINANCE APPROPRIATING $69,995 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, IN THE NO. 1050 FEDERAL /STATE GRANTS FUND TO IMPLEMENT A PROJECT TO PREVENT MINORS FROM PURCHASING AND CONSUMING ALCOHOL, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $69,995 is appropriated from the State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1050 Federal /State Grants Fund, to implement a project to prevent minors from purchasing and consuming alcohol. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY Samuel L. Neal, Jr. Mayor By: it/� Aecr.a144 Lisa Aguilar Assistant City Attorney H:\LEG- DIR\LISA \ORD3 \ORD3.509 18 CITY COUNCIL AGENDA MEMORANDUM Date: June 25, 2002 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $147,863 from the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY 2001 Juvenile Accountability Incentive Block Grants Program and to execute all related documents to continue with Juvenile Court within Municipal Court to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. B. Appropriating $147,863 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division and transferring $16,429 from No. 1020 General Fund and appropriating it in the No. 1050 Federal /State Grants Fund as matching grant funds to establish a juvenile court within Municipal Court; and declaring an emergency. ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Incentive Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. Funding: The funds must be used within 12 stated purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. The grant funds may not exceed 90% of total program costs and participation requires a 10% cash match of $16,429 to be provided from Municipal Court Administration's current year budget. REQUIRED COUNCIL ACTION: City Council must accept the grant and appropriate the funds. RECOMMENDATION: Staff recommends accepting and appropriating. Rene R. Mendiola Director of Municipal Court ADDITIONAL SUPPORT MATERIAL Background Information AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Municipal Court applied and was awarded the grant funding requested. The funds must be used within the 12 specific purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system and increase the accountability of juvenile offenders. The maximum years of funding — there is no limit (based on availability). The deadline for application acceptance is July 4, 2002. The City will receive these funds automatically by filing an application. As a Federal requirement of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting of various representatives from the community. The Mayors Commission on Children and Youth meets the criteria established for the coalition. The proposed purposes to continue with a dedicated Juvenile Court, establish accountability standards and interagency sharing of information and improvements in the management of juvenile cases at Municipal Court meet the grant's criteria. Establishing the Municipal Juvenile Court has been successful in providing the community the dedicated services to assist in addressing the Juvenile population. The dedicated services have allowed for better use of the various juvenile programs throughout the City. The funding has a distribution requirement of 45 and 35 percent minimums to be used in specific purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of government can certify that the interest of public safety and juvenile crime control would be better served by expending the funds in a different proportion. The City is requesting such a waiver in order to use the majority amount to fund one prosecutor, a Deputy City Marshal and one support staff to ensure the smooth and expeditious administration of the juvenile justice system. This is in addition to establishing and maintaining an interagency information program that enables prosecutors and Judges to make more informed decisions regarding the juveniles. Under this proposal, the funds will also be used to expand the interagency sharing of information between Municipal Court and the Juvenile Assessment Center. STATE OF TEXAS OFFICE OF THE GOVERNOR RICKPERRY CRIMINAL JUSTICE DIVISION GOVERNOR MEMORANDUM TO: AUTHORIZED OFFICIALS, CRIMINAL JUSTICE DIVISION (CJD) GRANTS FROM: JAY KIMBROUGH, EXECUTIVE DIRECTOR SUBJECT: CJD GRANT AWARD NOTIFICATION RECEIVED MM 2.8 2002 G,r( MANAGER'S OFFICE I am pleased to inform you that your application for award has been approved. The enclosed letter from the Governor, Grant Acceptance Notice, Statement of Grant Award, and Approved Budget Sunnnary, contains information concerning a'grant awarded to your agency by CJD. The financial officer and the project director designated in your grant application have been informed of the award by separate letter. The original Grant Acceptance Notice enclosed must be signed by the Authorized Official and returned to CJD within 45 days of the award date. The Governor's web -site offers a variety of useful links referencing CJD documents such as application kits and forms. The site at http: / /www.govemor.state.tx.us also contains documents needed to properly administer CJD grants and is listed below: D Texas Administrative Code (TAC) ➢ Criminal Justice Division's Guide to Grants ➢ Provides description of all CJD grant programs, the funding cycle, all current funding opportunities and application kits, and tips for grantees ➢ Useful links to federal and state agency Web home pages D Relevant federal and state initiative sites ➢ Office of Justice Programs (OJP) Financial Guide — applies to all CJD grants, except for Crime Stoppers Assistance Fund, Safe and Drug -Free Schools and Communities Fund, and the State Criminal Justice Planning Fund D Uniform Grant Management Standards (UGMS) — administrative guide, applies to all CJD grants D U.S. Department of Education General Administrative Regulations (EDGAR) — applies to Safe and Drug -Free Schools and Communities grants only I look forward to working with you to ensure the success of your program. Your dedication in appreciated. Any questions relating to the administration of this grant should be directed to the appropriate program area listed below: • CJD - Main Operator 512/463 -1919 ➢ Criminal Justice Projects 512/463 -1786 D. Councils of Governments 512/463 -1715 D Courts and Prosecution 512/463 -1284 ➢ Crime Stoppers 512/463 -1914 ➢ Juvenile Justice 512/463 -1921 ➢ Law Enforcement 512/463 -1284 ➢ Projects for Victims of Crime 512/463 -1924 ➢ Quality Assurance 512/463 -1941 ➢ Requests for Funds and Expenditure Reports 512/463 -1942 ➢ Task Force & CJIS Programs 512/463 -1284 D Youth Projects 512/463 -1921 POST OFFICE Box 12428 Ausnn, TEXAS 78711 (512) 463 -1919 (Voice) /(512) 475 -2042 (FAX) OFFICE OF THE GOVERNOR RICK PERRY GOVERNOR May 20, 2002 Mr. David Garcia Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 Dear Mr. Garcia: I am pleased to announce a grant award for $147,863 to your organization for the following project: JAIBG. I am dedicated to ensuring that communities throughout the state receive resources to make Texas a safer place. Funding for your project contributes to this effort. Your talent, dedication, and hard work will ensure its success. The attached Statement of Grant Award contains more specific information about your award. Call my Criminal Justice Division at (512) 463 -1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Rick Governor C *4.5y RP:jk 13299 -04 POST OFFICE Box 12428 AUSTIN, TEXAS 78711 (512) 463-2000 (VOICE) /(512) 475 -3165 (TDD) OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE JB -01 J20- 13299 -04 Corpus Christi, City of JAIBG This Acceptance Notice should be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by July 4, 2002. The grantee will not receive any grant funds until this notice is executed and returned to CJD. Part I: The authorized official for this grant project must read the following and indicate agreement by signing this Acceptance Notice below: • The authorized official for the grantee accepts the grant award. • The authorized official, financial officer, and project director, referred to below as grantee officials, agree to the terms of the grant, including the rules and documents adopted by reference in Title I, Part I, Chapter 3, Texas Administrative Code. • It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. • The grantee officials understand that they must satisfy all special conditions placed on this grant before receiving any funds. • The grant must have three separate persons designated to serve as grant officials. Signature of Authorized Official David R. Garcia, City ManaRer Name & Title (must print or type) 1201 Leopard Street Official Agency Mailing Address Corpus Christi, TX 78401 -2825 City /Zip Code (361) 880 -3220 Telephone Number (361) 880 -3839 Fax Number Part II: The position designated by the authorized official to request grant adjustments is the (select one): PROJECT DIRECTOR Li FINANCIAL OFFICER 2001 - Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463 -1919 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: JB- 01 -J20- 13299 -04 Grantee Name: Corpus Christi, City of Project Title: JAIBG Grant Period: 08/01/2002 - 07/31/2003 Program Fund: JB- Juvenile Accountability Incentive Block Grant CJD Award: $147,863 Grantee Cash Match: $16,429 Grantee In -Kind Match: $0 Total Project Cost: $164,292 The Governor's Criminal Justice Division (CJD) has awarded the above - referenced grant. The approved budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon acceptance of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the grant project and certify their agreement to the conditions of grant funding. 2001 - Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463 -1919 Grant Number: Grantee: Project Title: Grant Period: Funding Source: OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY JB- 01 -J20- 13299 -04 Corpus Christi, City of JAIBG 08/01/2002 to 07/31/2003 JB- Juvenile Accountability Incentive Block Grant Region: 2000 Date: 05/24/02 A. Personnel: B. Contractual: C. Travel: D. Equipment: E. Construction: F. Supplies: G. Indirect: Total: CJD $97,140 $26,100 $7,200 $10,943 $0 $6,480 $0 Cash Match $10,793 $2,900 $800 $1,216 $0 $720 $0 $147,863 $16,429 In -Kind $0 $0 $0 $0 $0 $0 $0 $0 TOTAL $107,933 $29,000 $8,000 $12,159 $0 $7,200 $0 $164,292 Budget Detail: A. Prosecutor Attorney @ 100% $37,492 Deputy City Marshall @ 100% $36,250 Office Support Staff @100% $16,958 Fringe Benefits: $17,233 B. Building Lease $27,000 SWB Phone /Fax/Shredding Services $2,000 C. Training & Travel for: Judge $2,000 Prosecutor $2,000 Support Staff $4,000 D. Photocopier $7,000 Office Workstations (2 PC workstations with printers) $5,159. E. Construction remodeling $39,960 F. General Office Supplies $7,200 2001 - Juvenile Justice Post Office Box 12428, Austin, Texas 78711 (512) 463 -1919 ORDINANCE APPROPRIATING $147,863 IN THE NO. 1050 FEDERAL /STATE GRANTS FUND FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION AND TRANSFERRING $16,429 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1050 FEDERAL /STATE GRANTS FUND AS MATCHING GRANT FUNDS TO ESTABLISH A JUVENILE COURT WITHIN MUNICIPAL COURT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $147,863 is appropriated in the No. 1050 Federal /State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division, and transferring $16,429 from No. 1020 General Fund and appropriating it in the No. 1050 Federal /State Grants Fund as matching grant funds, to establish a juvenile court within Municipal Court. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal City Secretary Mayor LEGAL FORM APPROVED \Jiv.._ a-o , 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: t4/a1-- Lisa Aguilar, As ant City Attorney H:\LEG- DIR\LISA \ORD3 \ORD3.526 19 CITY COUNCIL AGENDA MEMORANDUM DATE: June 25, 2002 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a Use Privilege Agreement with Old Concrete Street, LTD, for the right to stage a fireworks display on a portion of the Broadway Treatment Plant in conjunction with a performance at the adjacent Concrete Street Amphitheater; and establishing a fee of $460.00; and declaring an emergency. ISSUE: Old Concrete Street, LTD wishes to install mortars, racks, firing boxes, electronic firing systems, and splitters on the property. REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right -of -way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ro `Angel R. Escobar, P.E. Director of Engineering Services Z7(Itoz Attachments: AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Old Concrete Street, LTD has requested a Use Privilege Agreement (UPA) from the City for permission to install mortars, racks, firing boxes, electronic firing systems, and splitters on the Concrete Street Amphitheater to stage a fireworks display for a Fourth of July celebration. Old Concrete Street, LTD will temporarily install the necessary equipment for the display within the City's property on a portion of the Broadway Treatment Plant. Old Concrete Street, LTD's use of the property is subject to the following conditions: • This agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager ") by giving the Permittee three (3) days notice in writing of the revocation of this agreement. • Permittee may not assign this agreement without the City Manager's prior written consent. • Permittee must submit a detailed description of its planned use of the property, including drawings showing the specific location where the equipment identified in Paragraph 2 of the UPA will be installed, and specifications for the fireworks that will be used to the City's Fire Marshall and Wastewater Superintendent. Permittee's use of the property must not interfere with the operation of the City's Broadway Wastewater Treatment Plant ( "Plant "). Any construction or equipment installed by the Permittee must be removed by the Permittee and the property restored to its original condition before this agreement expires. If the City needs access to the property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. A one time fee of $460.00 is being recommended. Because the property is in full view of the public, it must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. The owners have been advised of and concur with all the conditions of this UPA. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH OLD CONCRETE STREET, LTD, FOR THE RIGHT TO STAGE A FIREWORKS DISPLAY ON A PORTION OF THE BROADWAY TREATMENT PLANT IN CONJUNCTION WITH A PERFORMANCE AT THE ADJACENT CONCRETE STREET AMPHITHEATER; ESTABLISHING A FEE OF $460.00; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a Use Privilege Agreement with Old Concrete, LTD, for the right to stage a fireworks display on a portion of the Broadway Treatment Plant in conjunction with a performance at the adjacent Concrete Street Amphitheater; and establishing a fee of $460.00. A copy of the Use Privilege Agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 25th day of June, 2002. ATTEST: THE CITY OF CORUS CHRISTI Armando Chapa City Secretary Approved this the 7'( day of James R. Bray, Jr. City Attorney By: k Joseph arney Assistant City Attorney JI Samuel L. Neal, Jr. Mayor , 2002. Corpus Christi, Texas day of , 2002 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, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott 20 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting May 28, 2002 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Joint Use Parking Agreement between All Saints' Episcopal Church and the City of Corpus Christi, authorized by ordinance No. 021588 on March 9, 1983, to revise the parking premises; providing for severance; and providing for publication. B. Ordinance authorizing the City Manager, or his designee, to execute Amendment No. 1 to the lease for Jaycee Field between the Corpus Christi Independent School District and the City of Corpus Christi, authorized by ordinance No. 022811 on January 7, 1997, to revise duties related to maintenance of the parking lot; providing for severance; and providing for publication. ISSUE: All Saints Episcopal Church is requesting approval for construction of a parking lot on City property already leased to Corpus Christi Independent School District (CCISD.) The CCISD has approved the construction as a joint use parking lot. The City must amend the leases to incorporate the parking lot and to provide for long -term maintenance. REQUIRED COUNCIL ACTION: The City Council must approve all multi -year leases. RECOMMENDATION: Staff recommends that the lease amendments be approved. Marco A. Cisneros, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information X Ordinance X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: Members of the All Saints' Episcopal Church contacted the City. The church requested permission to be allowed to pave a portion of the unpaved parking lot which serves an area of the park leased to the Corpus Christi Independent School District (CCISD). The benefit to the church is that it would allow the possibility of additional improved parking neededfor their Sunday services. The parking lot would be available for use by the general public at all times CCISD was not using the fields for school purposes. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE- CUTE AMENDMENT NO. 1 TO THE JOINT USE PARKING AGREE- MENT BETWEEN ALL SAINTS' EPISCOPAL CHURCH AND THE CITY OF CORPUS CHRISTI, AUTHORIZED BY ORDINANCE NO. 021588 ON MARCH 9, 1993, TO REVISE THE PARKING PREMISES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute Amendment No. 1 to the joint use parking agreement between All Saints' Episcopal Church and the City of Corpus Christi, authorized by Ordinance No. 021588 on March 9, 1993, to re- vise the parking premises. A copy of Amendment No. 1 is attached to this ordinance as Exhibit A. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment 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 in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication of this ordinance 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, Texas. That the foregoing ordinance was read for the first time and passed to its second read- ing on this the day of 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Henry Garrett John Longoria Brent Chesney Jesse Noyola Javier D. Colmenero Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Henry Garrett John Longoria Brent Chesney Jesse Noyola Javier D. Colmenero Mark Scott Bill Kelly PASSED AND APPROVED on this the day of 2002. ATTEST: By: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI By: Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM this 'day of JAMES '. 'RAY, JR., CITY ATTORNEY By: Hundley, Assista ' t City Attorn 2002. EXHIBIT "A" Amendment No. 1 to the Joint Use Parking Agreement between All Saints' Episcopal Church and the City of Corpus Christi Section 1. The Agreement is amended to revise the third paragraph of the preamble to read as follows: "WHEREAS, pursuant to the requirements of Article 22 -3, Joint Use and Off - site Facilities, of the Corpus Christi Zoning Ordinance, the parties hereto have agreed and provided for the joint use as a parking facility, a portion of the grounds of the Public parking area in Lindale Park and at Javcee Field abutting South Staples Street, adjacent to and South of the utility ease- ment lying South of and adjacent to the All Saints' Episcopal Church property located at the corner of McClendon and South Staples Street, in the City of Corpus Christi, Nueces County, Texas." Section 2. All terms and conditions of the Agreement not changed herein remain the same. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary David R. Garcia, City Manager, or his designee APPROVED AS TO LEGAL FORM on the day of , 2002. JAMES R. BRAY, JR., CITY ATTORNEY By: Elizabeth R. Hundley, Assistant City Attorney ALL SAINTS' EPISCOPAL CHURCH By: Printed Name: Title: H \LEG- DIR \elizabeth \EI IZABETWARK 8 RECW I Saints' Church Amendment 1 wpd AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE LEASE FOR JAYCEE FIELD BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI, AUTHORIZED BY ORDINANCE NO. 022811 ON JANUARY 7, 1997, TO REVISE DUTIES RELATED TO MAINTEN- ANCE OF THE PARKING LOT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute Amendment No. 1 to the lease for Jaycee Field, at 3101 Swantner, between the Corpus Christi Inde- pendent School District and the City of Corpus Christi, authorized by Ordinance No. 022811, on January 7, 1997, to revise the District's duties related to maintenance of the parking lot. A copy of Amendment No. 1 is attached to this ordinance as Exhibit A. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment 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 in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication of this ordinance 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, Texas. That the foregoing ordinance was read for the first time and passed to its second read- ing on this the day of , 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Henry Garrett John Longoria Brent Chesney Jesse Noyola Javier D. Colmenero Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Henry Garrett John Longoria Brent Chesney Jesse Noyola Javier D. Colmenero Mark Scott Bill Kelly PASSED AND APPROVED on this the day of , 2002. ATTEST: By: Armando Chapa, City Secretary Aip APPROVED AS TO LEGAL FORM this dot day of CITY OF CORPUS CHRISTI By Samuel L. Neal, Jr., Mayor JAMES R. BRAY, JR., CITY ATTORNEY By: Elizabe 11 R. Hundley, Assistant City Attor 2002. EXHIBIT "A" Amendment No. 1 to the Jaycee Field Lease between Corpus Christi Independent School District and the City of Corpus Christi Section 1. The Lease is amended to revise section 3.A. to read as follows: "A. Maintenance. District will maintain the Facilities and assigned grounds, including excluding the parking lot, etc., as shown on the attached and incorporated Exhibit A. The parkin° lot will be maintained by All Saints' Episcopal Church by separate agreement." Section 2. All terms and conditions of the Lease not changed herein remain the same. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary David R. Garcia, City Manager, or his designee APPROVED AS TO LEGAL FORM on the day of 2002. JAMES R. BRAY, JR., CITY ATTORNEY By: Elizabeth R. Hundley, Assistant City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Printed Name: Title: Date: H: \LEG- DIR \elizabeth \ELIZABETPARK 8 REC\Jaycee Field Amendment 1 wpd 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 25, 2002) Case No. 0997- 07AMEND, City of Corpus Christi: An amendment to Ordinance No. 023261 to grant a Special Permit for a moving and storage company on Bayview Addition, Block 13, Lot 20, located at the southeast corner of Craig and South Alameda Streets. Planning Commission and Staff's Recommendation (05/22/02): Approval. Requested Council Action: Approval of an amendment to Ordinance No. 023261 to grant a Special Permit for a moving and storage company and adoption of the attached ordinance. Purpose of Request: To permit a sign on the trucks' cab door. $ummarv: In March 1998, the subject property was denied a change of zoning to an "I -2" Light Industrial District and in lieu thereof approved a Special Permit for an office for a moving/transfer use and limited parking of associated vehicles. The Special Permit was approved subject to a site plan and eight (8) conditions (see attached ordinance). Condition number 7 states that "no nonresidential signage shall be permitted, including commercial signage on the commercial trucks." The purpose of this condition was to eliminate the signs painted on the panels of the trailers Staff did not intend for the operator to get cited for parking in a commercial zone. The purpose of this amendment is to permit some signage on the trucks that would eliminate the citations of parking in a commercial zone. A sign area not to exceed four (4) square feet and limited to one door panel on each side of the truck's cab. The sign on the door panels will not adversely impact the adjoining residential area and will allow the trucks to park in a commercial zone without the fear of a citation. The Planning Commission amended the following conditions to Ordinance No. 023261 to grant a Special Permit for a moving and storage company to read: 3. FENCING: A screening fence with a height of not less than 6 feet, 11 inches must be located along the south side of Craig Street and extending south across the side yard to either connect at a right angle with the house or to extend at least 20 feet at a right angle from the Craig Street property line and immediately east of the pathway as shown on the site plan. The fence must be installed within one (1) year from the date of this ordinance. Screening may be achieved by landscaping as conditioned stated in Condition 4 below, by placing slats in chain link fence meeting this height or by a standard screening fence meeting this height. 7. SIGNAGE: No nonresidential signage shall be permitted, including commercial signage on the commercial trucks, except that one sign not to exceed four (4) square feet per side shall be permitted on the cab of the truck. The sign is limited to one door panel on the driver's side and one door panel on the passenger's side of the vehicle. Property Owner's Position: The property owner concurs with Planning Commission and Staff's recommendation. Agenda Memorandum June 25, 2002 Case No. 0997- 07AMEND, City of Corpus Christi) Page 2 Notification: Prior to the date of this memorandum, twenty-four (24) notices were mailed to the property owners within a 200 -foot radius, of which two (2) were returned in favor and none in opposition. The 20% rule is not in effect. MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance ichael N. Gunning, AICP Director of Planning H:\PLN- DIR\ERMA\ WORD\AGENDMEM \0997 -07AMENDAGENDAMEMO. DOC Pages 2 -10 Page 11 Page 12 Pages 13 -17 Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: CITY COUNCIL ZONING REPORT 0997- 07AMEND May 22, 2002 70 -15 (J15B) City of Corpus Christi Bayview Addition, Block 13, Lot 20, located at the southeast corner of Craig and South Alameda Streets. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: 0.17 acre (7,506 square feet) Same as above. "A -2 /SP" Apartment House District with a Special Permit for a moving/transfer use. Amend the Special Permit Ordinance 023261. Moving/transfer use. Amend Ordinance 023261 to permit a sign on the trucks' cab door. Since the company trucks have no signs on them, the trucks have received citations for parking in "Commercial Parking Only" parking areas. Adiacent Zoning: North, South, West — "A -2" Apartment House District East — `B -5" Primary Business District 2 Zoning Report Case No. 0997- 07AMEND (City of Corpus Christi) Page 2 Adiacent Land Use: North — (across Craig Street) Single - family residences. South — Single - family residences. East — Auto sales lot. West — (S. Alameda Street) Apartments. Planning Staff Analysis: In March 1998, the subject property was denied a change of zoning to an "I -2" Light Industrial District and in lieu thereof approved a Special Permit for an office for a moving/transfer use and limited parldng of associated vehicles. The Special Permit was approved subject to a site plan and eight (8) conditions (see attached ordinance). Condition number 7 states that "no nonresidential signage shall be permitted, including commercial signage on the commercial trucks." The purpose of this condition was to eliminate the signs painted on the panels of the trailers. Staff did not intend for the operator to get cited for parking in a commercial zone. The purpose of this amendment is to permit some signage on the trucks that would eliminate the citations of parking in a commercial zone. A sign area not to exceed four (4) square feet and limited to one door panel on each side of the truck's cab. The sign on the door panels will not adversely impact the adjoining residential area and will allow the trucks to park in a commercial zone without the fear of a citation. Staff Recommendation: Approval of the amendment to Condition 7 in Section 2 of Ordinance 023261 to read as follows: 7. SIGNAGE: No nonresidential signage shall be permitted, including commercial signage on the commercial trucks, except that one sign not to exceed four (4) square feet per side shall be permitted on the cab of the truck. The sign is limited to one door panel on the driver's side and one door panel on the passenger's side of the vehicle. Attachments: H:\PLN- DIR\ERMA \WORD\ZONRPTS \0997 -07AMENDCCREPORT.doc Ordinance 023261 Zoning and Ownership Map Ownership List C \ 023261 AN ORDINANCE '� tia 1953 IW THE ZONING ORDINANCE UPON APPLICATION B I C JUr;cIL ARIA GONGORA, BY GRANTING A SPECIAL PERMIT FOR ,AfirsgcntrARy OFFICI!®llarMOVING/TRANSFER USE AND LIMITED PARKING OF A1��t VEHICLES, SUBJECT TO A SITE PLAN, ON BAYVIEW ADDITION, BLOCK 13, LOT 20; 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 Maria Gongora, for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, September 17, 1997, October 29, 1997, December 10, 1997, January 7, 1998, and January 21, 1998, during meetings of the Planning Commission, and on Tuesday, March 31, 1998, 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 and a Special Permit for an office for a moving/transfer use and limited parking of associated vehicles is granted to Bayview Addition. Block 13, Lot 20, located at the southeast corner of Craig and South Alameda Streets. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the attached site plan and the following conditions: 1. USES: The only use authorized by this Special Permit, other than the basic "A -2" Apartment House District permitted uses, is an office for a moving /transfer use and limited parking of associated vehicles in compliance with this Special Permit and the attached site plan. Warehouse type or overnight storage of materials is prohibited. Outside storage of any materials or items not specifically allowed in this permit is prohibited. This Special Permit shall not be construed to restrict any uses permitted under the "A -2" District. 2. TRUCKS: The property is limited to no more than four (4) commercial trucks on approved parking surfaces as indicated on the attached site plan. The maximum size of trucks shall be as follows: Z099707C.091 5P98-ea Cass OD. 997-1 Map Na. 70 -15 1' 2 a) No more than one (1) commercial truck not to exceed a length of 36 feet; and b) No more than three (3) commercial trucks not to exceed a length of 31 feet. c) By this condition, a truck is interpreted to include both the tractor and trailer when connected on site. 3. FENCING: A screening fence with a height of not less than 6 feet, 11 inches must be located along the south side of Craig Street and extending south across the side yard to either connect at a right angle with the house or to extend at least 20 feet at a right angle from the Craig Street property line and immediately east of the pathway as shown on the site plan. The fence must be installed within one (1) year from the date of this ordinance. Screening may be achieved by landscaping as conditioned below or by a standard screening fence meeting this height requirement. A gate is required at the driveway entrance. This gate must provide a visual obstruction from the public right -of -way. 4. LANDSCAPING: A landscaping strip with a width of not less than 18 inches must be located along the north side of the property as shown on the site plan with a screening fence along the center line of the strip. The landscaping strip must contain a minimum of one (1) gallon confederate jasmine placed every two (2) feet on center. A drip irrigation system must be installed within the landscaping strip. All landscaping must be kept in a healthy and growing condition at all times. The landscaping must be installed before a certificate of occupancy for the special permitted uses is issued, and the landscaping must achieve screening as effective as an opaque standard screening fence, as determined by the Zoning Administrator, within 18 months or a standard screening fence meeting the stated height requirement shall be required. 5. LIGHTING: All exterior lighting must be directional and shielded so as to prevent glare to adjacent properties. 6. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. SIGNAGE: No nonresidential signage shall be permitted, including commercial signage on the commercial trucks. 8. TIME LIMIT. This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. Z099707C.091 4- 3 SECTION 3. That the official Zoning Map of the City of Corpus Christi. Texas, is amended to reflect the amendment to the Zoning Ordinance in 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, 1973, 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. 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 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of , 1998. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, the City of Corpus Christi APPROVED: This c 4 day of a,r, / , 1998. James R. Bray, Jr., City Attorney, By: R. J ng, Assistant ity Attorney Z099707C.091 10� dvo assn NVA IIO! e0Vd3 AC X ,C/tOI Nvn S0130VAS .00 X LJt'OI NVA 1101 30Vd6.00 X .Z/IOI NWA tlO4 30Va RC X zit-Oi i V/ Pi Ili t iii viiiii1) .>7/'ii %ii — — Cu iviuii�i a 1riiWi,v9, iiiuiiiiiii. - 3- 3- 3- 133111S Va3WV1V t • ANTS MODIFIED PROP • • 1 May 10, 2002 — RP 1 CASE Z0997-07A - Property Owner in Favor X - Property Owner Opposed See Comments on Page(s) // Subject property Owners within 200 feet listed on attached ownership Ilet Applicant: City of Corpus Christi 1 Z0997 -07A 048600120170 KUHN MICHAEL J TRUSTEE 609 -B WOOD ST AUSTIN TX 78703 BAY VIEW LTS 17 & 18 BK 12 4 Z0997 -07A 048600130010 JOHNS TERRY AUTO INC PO BOX 3667 CORPUS CHRISTI TX 78463 BAYVIEWLTS1 &2BK13 5 Z0997 -07A 048600130140 NATIONAL ASSOC OF LETTER CARRIERS PADRE ISL BR 125 1220 S ALAMEDA CORPUS CHRISTI TX 78404 BAY VIEW LTS 14, 15 & 16 BK 13 8 Z0997 -07A 048600130190 GONGORA MARIA 1123 CRAIG CORPUS CHRISTI TX 78404 BAY VIEW N40' OF LT 19 BK 13 11 Z0997 -07A 048600140030 VILLAMAR FIDEL ET UX EVERADA 1530 S STAPLES CORPUS CHRISTI TX 78404 BAY VIEW LT 3 BK 14 OWNERSHIP LIST CASE NO.0997- 07AMEN0 2 Z0997 -07A 048600120190 COMMUNICATIONS WORKERS OF AMERICA LOCAL 6137 1210 S STAPLES CORPUS CHRISTI TX 78404 BAY VIEW LT 19 BK 12 4 Z0997 -07A 048600130030 JOHNS TERRY AUTO INC PO BOX 3667 CORPUS CHRISTI TX 78463 BAYVIEWLTS3 &4BK13 6 Z0997 -07A 048600130170 CUELLAR MANUEL 1212 S ALAMEDA CORPUS CHRISTI TX 78404 BAY VIEW LT17BK13 9 Z0997 -07A 048600140010 CHASE CURTIS H 4451 GOLLIHAR CORPUS CHRISTI TX 78411 BAY VIEW E/2 OF LTS 1 AND 2 BK 14 12 Z0997 -07A 048600140040 ROSAS REYNEIRA R PO BOX 3314 CORPUS CHRISTI TX 78463 BAY VIEW LT 4 BK 14 3 Z0997 -07A 048600120200 TERRY JOHNS AUTOMOBILES P O BOX 3667 CORPUS CHRISTI TX 78463 BAY VIEW LT 20 BK 12 1 Z0997 -07A 048600130050 KUHN MICHAEL J TRUSTEE 609 -B WOOD ST AUSTIN TX 78703 BAY VIEW LT 5 BK 13 7 Z0997 -07A 048600130180 BUSTAMANTE OLGA 1210 S ALAMEDA CORPUS CHRISTI TX 78404 BAY VIEW LT 18 AND S101 OF LT 19 BK 13 10 Z0997 -07A 048600140015 VICTORY OUTREACH INC 1207 CRAIG CORPUS CHRISTI TX 78404 BAY VIEW LT 1B BK 14 13 Z0997 -07A 048600140050 CAVADA SYLVIA 1209 S ALAMEDA CORPUS CHRISTI TX 78404 BAY VIEW LT5BK14 Ownership List Case No. 0997- 07AMEND (City of Corpus Christi) Page 2 14 Z0997 -07A 268200020010 HART MEDICAL INVESTORS LIMITED PARTNERSHIP P O BOX 3480 CLEVELAND TN 37320 GAFFNEY ENTIRE BLK 2 17 Z0997 -07A 268200030090 HINOJOSA ROSENBERTH 2515 VIOLA CORPUS CHRISTI TX 78415 GAFFNEY W52'X 33.25' OF LT 8 & W52' OF LT 9 BLK 3 20 Z0997 -07A 268200030120 IIINOJOSA RUBEN 1110 CRAIG CORPUS CHRISTI TX 78404 GAFFNEY LT 12 BLK 3 22 Z0997 -07A 268200040110 EVANS JAMES R 1130 SOUTH STAPLES CORPUS CHRISTI TX 78404 GAFFNEY LT 11 BLK 4 Z0997 -07A LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 15 Z0997 -07A 268200030050 WASHINGTON CURTIS M PO BOX 71206 CORPUS CHRISTI TX 78467 GAFFNEY LTS 5 & 6 BLK 3 18 Z0997 -07A 268200030100 SPENTZOS NOELIA P O BOX 4673 CORPUS CHRISTI TX 78469 GAFFNEY E42' LTS 10 & 11 BLK 3 21 Z0997 -07A 268200030130 TREJO COSME JR PO BOX 71073 CORPUS CHRISTI TX 78467 GAFFNEY LTS 13 & 14 & S/2 LT 15 BLK 3 SP Z0997 -07A 048600130200 GONGORA MARY 1123 CRAIG CORPUS CHRISTI TX 78404 BAY VIEW LT 20 BK 13 16 Z0997 -07A 268200030070 CALHOUN EARL W & CURTIS S HILLS 1123 S STAPLES CORPUS CHRISTI TX 78404 GAFFNEY LT 7 & 7.75' OF LT 8 & E74.75'X 77.58' OF LTS 8 & 9 BLK 3 19 Z0997 -07A 268200030110 DAVIS JOSEPHINE 7314 LA GRANADA HOUSTON TX 77083 GAFFNEY W55' OF LTS 10 & 11 BLK 3 22 Z0997 -07A 268200040100 EVANS JAMES R 1130 SOUTH STAPLES CORPUS CHRISTI TX 78404 GAFFNEY LT 10 BLK 4 SP Z0997 -07A 048600130200 GONGORA MARY 1123 CRAIG CORPUS CHRISTI TX 78404 BAY VIEW LT 20 BK 13 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0997- 07AMEND City of Corpus Christi • - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200 -foot notification area: Favor: (12) Reyneria Rosas, P. O. Box 3314 78463 -3314 No written comment. (16) Earl W. Calhoun, 1123 S. Staples St. No written comment. Opposition: None. II. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners /applicants of subject area: Favor: None. Opposition: None. H:\PLN- DIR\ERMA \WORD\COMMDATA \0997 -07AMENDCOMMENTS.DOC // Planning Commission Minutes May 22, 2002 City of Corpus Christi: 0997- 07AMEND REQUEST: Amend Ordinance No. 023261 — Special Permit for a Moving and Storage Company on property described as Bayview Addition, Block 13, Lot 20, located at the southeast comer of Craig and South Alameda Streets. Mr. Saida&a presented a computerized slide illustration of the subject property and the surrounding area. He said that in March 1998, the subject property was denied a change of zoning to an "I -2" Light Industrial District and in lieu thereof approved a Special Permit for an office for a moving/transfer use and limited parking of associated vehicles. The Special Permit was approved subject to a site plan and eight (8) conditions. Condition number 7 states that "no nonresidential signage shall be permitted, including commercial signage on the commercial trucks." The purpose of this condition was to eliminate the signs painted on the panels of the trailers. The applicant has since encountered problems with police parking citations for parking in commercial loading zones because their vehicles were not identified as commercial vehicles. Staff did not intend for the operator to get cited for parking in a commercial zone. The purpose of this amendment is to permit some signage on the trucks that would eliminate the citations of parking in a commercial zone. A sign area not to exceed four (4) square feet and limited to one door panel on each side of the truck's cab. The sign on the door panels will not adversely impact the adjoining residential area and will allow the trucks to park in a commercial zone without the fear of a citation. Mr. Saldaiia said that Staff recommends approval of the amendment to Condition 7 in Section 2 of Ordinance 023261 to read as follows: 7. SIGNAGE: No nonresidential signage shall be permitted, including commercial signage on the commercial trucks, except that one sign not to exceed four (4) square feet per side shall be permitted on the cab of the truck. The sign is limited to one door panel on the driver's side and one door panel on the passeneer's side of the vehicle. There were 24 notices mailed to property owners within a 200 -foot radius of which two (2) were received in favor and none were received in opposition. Commissioner Sween - McGloin asked whether the applicant was in compliance with the other special permit conditions and said that after review of the slide illustration, the vines did not seem to be in place. Mr. Saldafia said that the applicant has placed vines on the fence, however, pedestrians remove the vines as they walk by. Commissioner Pusley said that the subject property was not appealing and asked what could be done to provide screening as in the original zoning case. Mr. Saidafla suggested that a wooden screening fence could be erected or slats could be added to the existing chain link fence. Commissioner Pusley asked why magnetic signs could not be used. Mr. Doyle said that the City Code of Ordinances prohibits magnetic signs on commercial vehicles. Public hearing opened. Sonya Nesmith, 1123 Craig, addressed the landscape issue by saying that bushes are planted near the fence, but they have not grown. There is an underground sprinkling system to provide the bushes with water and added that the cost of erecting a wooden fence would include removing the asphalt. The existing fence was installed as part of the permit. Public hearing was closed. Motion by Pusley, seconded by Amsler, to forward a recommendation to approve staff's recommendation with the addition of inclusion of slats to the fence for screening along Craig Street. Motion passed with Zamora being absent. /2• APPLICANT'S REQUEST AN ORDINANCE PLANNING COMMISSION AND STAFF'S RECOMMENDATION REPEALING ORDINANCE 023261 (WHICH GRANTED SPECIAL PERMIT A- 21SP198 -06 FOR AN OFFICE FOR A MOVING/TRANSFER USE AND LIMITED PARKING OF ASSOCIATED VEHICLES, SUBJECT TO A SITE PLAN AND CONDITIONS, ON BAYVIEW ADDITION, BLOCK 13, LOT 20), UPON APPLICATION BY CITY OF CORPUS CHRISTI, ON BEHALF OF MARIA GONGORA; GRANTING A REVISED SPECIAL PERMIT IDENTICAL TO THE ORIGINAL SPECIAL PERMIT EXCEPT FOR REVISED CONDITIONS NO. 3, FENCING, AND 7, SIGNAGE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of City of Corpus Christi, for amendment to Ordinance 023261; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 22, 2002, during a meeting of the Planning Commission, and on Tuesday, June 25, 2002, 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 Ordinance 023261 of the City of Corpus Christi, Texas, which was adopted on March 31, 1998, is repealed and replaced by this ordinance. This ordinance grants a revised special permit identical to the original special permit granted in Ordinance 023261 except for revised conditions number 3, fencing, and 7, signage, with deletions in strikethreugh- and additions underlined. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended and a Special Permit for an office for a moving/transfer use and limited parking of associated vehicles is granted to Bayview Addition, Block 13, Lot 20, located at the southeast comer of Craig and South Alameda Streets. SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject to the attached site plan and the following conditions: 1. USES: The only use authorized by this Special Permit, other than the basic "A -2" Apartment House District permitted uses, is an office for a W. EGALLLAWU. EG- DIR1DoyleDCurtisWIYDOCS120021P ZORD02 Zoning. onADOYLEC2002 20502_ A. AmendSP. Ord23261A2SP9806 .Z099707C.091.Ord.doc �3 Page 2 of 5 moving/transfer use and limited parking of associated vehicles in compliance with this Special Permit and the attached site plan. Warehouse type or ovemight storage of materials is prohibited. Outside storage of any materials or items not specifically allowed in this permit is prohibited. This Special Permit shall not be construed to restrict any uses permitted under the "A -2" District. 2. TRUCKS: The property is limited to no more than four (4) commercial trucks on approved parking surfaces as indicated on the attached site plan. The maximum size of trucks shall be as follows: a) No more than one (1) commercial truck not to exceed a length of 36 feet; and b) No more than three (3) commercial trucks not to exceed a length of 31 feet. c) By this condition, a truck is interpreted to include both the tractor and trailer when connected on site. 3. FENCING: A screening fence with a height of not less than 6 feet, 11 inches must be located along the south side of Craig Street and extending south across the side yard to either connect at a right angle with the house or to extend at least 20 feet at a right angle from the Craig Street property line and immediately east of the pathway as shown on the site plan. The fence must be installed within one (1) year from the date of this ordinance. Screening may be achieved by landscaping as senditiened stated in Condition 4 below, by placing slats in chain Zink fence meeting this height, or by a standard screening fence meeting this height. A gate is required at the driveway entrance. This gate must provide a visual obstruction from the public right -of -way. 4. LANDSCAPING: A landscaping strip with a width of not less than 18 inches must be located along the north side of the property as shown on the site plan with a screening fence along the center line of the strip. The landscaping strip must contain a minimum of one (1) gallon confederate jasmine placed every two (2) feet on center. A drip irrigation system must be installed within the landscaping strip. All landscaping must be kept in a healthy and growing condition at all times. The landscaping must be installed before a certificate of occupancy for the special permitted uses is issued, and the landscaping must achieve screening as effective as an opaque standard screening fence, as determined by the Zoning Administrator, within 18 months or a standard screening fence meeting the stated height requirement shall be required. 5. LIGHTING: All exterior lighting must be directional and shielded so as to prevent glare to adjacent properties. ULEGALIL AWIEG- pIR∎ DoyleDCurtisWIYDOCSV0021P8ZORD02V_ Doing. ordOOYLEC12W21Z0502J1AmendSP .Ord23261 A2SPg806ZAgg707C.0g1.Crd.doc /4 6. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. SIGNAGE: Nonresidential sionage, including commercial signage on the commercial trucks, is prohibited except as follows. One sign not to exceed four (4) square feet shall be permitted on one door panel on the driver's side and one door panel on the passenger's side of the cab of each of the trucks described in condition 2 above. Page 3 of 5 8. TIME LIMIT. This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 4. 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 2 of this ordinance. SECTION 5. 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 6. 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 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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. MEGALY. AMEG- DIR1DoyleDCuNsUAYDOCS12002P& ZORD02Voning .ordlDOYLEC1200270502 A. NnendSP. Ord23261A2SP98062099707C .091.Ord.doc tsie Page 4 of 5 SECTION 9. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of June, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 18 June, 2002 James R. Bray, Jr. City • mey By: Doyle rj Curtis Senior - ssistant City Attorney \LL EGALLANAL EG- DIR\ DoyleDCurtisVvYDOCS\ 20021P8 ZORDO2 1Zoning.ord\DOYLEC\200220502 A AmendSP. Ord23261A2SP9806 .Z099707C.091.Ord.doc /6 4.01 avo raw A3l1N 43AYdNf1 �� II\tt \ \\ WNW 000M ONWPO NVA MOi 30VdS AV X 21141 HVA UOd 30VdS AC X 2/wt NVA30d 30V4$ AC X 20-01 II6G�Y iiiiiii»...orana ' lmta INC_Rc% `Nl:�\N".� \\nom\ aZNNZ•\S,..\\v r/i / / /iivri ./poi.i / / / / / / / /i327 / /-d / //.. ORO�\-\\RCS,01- 00l\ \ \O \%Y-0003 " •r, NN�x vA�ovA�:i N. N c, a 70' ZAtO7/ /�/ /!�O /l/ - i1't isv �mvvA�1� NZ � afe- ��11r_ �/�� }may /\ : a 1. .�4 �r�an�v�"E fir /i,/0,rr // 1/wii NN<00 iii \V� \ \'�\l�Q3111iDS 3 XL; a\000,ivN0����0�IN,0%. ,0�w000. nw•-%1 »N. 7:- Car /- direr / //// / / /fl:./I/ /J 1331:118 V03WV1V'9 a 0 o z o 0 11 I Q u. hi a• cc a 5 V/ N- A- - 3- 0 0 i 2 a cc /7 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 25, 2002) Case No. 0402 -04, Mary C. Roberts: A change of zoning from a "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District on Glenoak Subdivision, Lot 3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. Planning Commission's Recommendation (04/24/021: Denied the 'B -1" District, and in lieu thereof, approved a Special Permit for an animal grooming shop subject to a site plan and seven (7) conditions. Staffs Recommendation: Denied. Requested Council Action: Denial of the `B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for an animal grooming shop subject to a site plan and seven (7) conditions and adoption of the attached ordinance. Purpose of Request: For small animal grooming shop in conjunction with the single -family residential unit. Summary: The applicant has requested a change of zoning from a "R -1B" One - family Dwelling District to a `B -1" Neighborhood Business District in order to open and operate a small animal grooming shop within the attached garage area of the existing residence. The existing residence is located on a lot area consisting of 0.647 acre and is a 1,232 square foot one -story structure with a garage area of 520 square feet. The subject property is located along the south side of Glenoak Drive that is zoned for and predominantly developed with single - family residences located north of the subject property across Glenoak Drive is the Flour Bluff High School and baseball facilities. Immediately west of the subject property is undeveloped "B-1" District property. Access to the subject property is from Glenoak Drive, a collector that connects to Waldron Road, an arterial. Traffic generated by the proposed use within the 520 square foot garage area is minimal at 11 trips per day. However, if a `B -1" District approved and developed in the future with other `B -1" District uses than the proposed pet grooming shop, i.e., restaurants, convenience stores with fueling, clothing shops, etc., traffic increases along Glenoak Drive could be detrimental to the adjacent single - family neighborhood. Approval of this request would set a precedent of rezoning of the adjoining residential lots to the east. Undeveloped `B -1" District properties adjacent to the subject property and across Waldron Road are available in the area for business development. The vacant "B -1" District area has direct access to the arterial, Waldron Road. The subject property should continue to be residential as part of the residential area since there is no demonstrated need to extend the `B -1" District. Furthermore, caution should be used in extending the 'B -1" District further into the residential area that is in proximity to three public schools and pedestrian routes for students. If favorable consideration is granted for the request, it should be limited to a Special Permit for a small animal grooming shop within the attached 520 square foot garage of the residential structure. The Planning Commission recommended the denial of the "B -1" Neighborhood Business District, and in lieu thereof, approved a Special Permit for an animal grooming shop subject to a site plan and the following seven (7) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R -1B" One - family Dwelling District is an animal grooming shop. Agenda Memorandum June 25, 2002 Case No. 0402 -04 (Mary C. Roberts) Page 2 2. ANIMAL GROOMING SHOP: The animal grooming shop is limited to a floor area of 520 square feet and excludes the grooming of livestock. Keeping of animals overnight is prohibited. 3. ENTRANCE: The doorway entrance /exit for the small animal grooming shop shall be along the west wall of the garage area. 4. PARKING: Parking for the small animal grooming shop shall be provided as shown on the site plan. 5. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be placed along the south and east property lines. The north 25 feet of the fence along the east property line must not exceed a height of three (3) feet. 6. HOURS OF OPERATION: Hours of operation shall be limited to the hours between 7 a.m. and 7:00 p.m. 7. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition 31 and in compliance with all other conditions. Applicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Prior to the date of this memorandum, eight (8) notices were mailed to the property owners within a 200 -foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect. MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances H:\ PLN- DIR\ ERMA \WORDWOENDMEM\0402-04AGENDAMEMO. DOC ieg, Director of Planning Pages 3 -11 Page 12 Pages 13 -15 Pages 16-21 CITY COUNCIL ZONING REPORT Case No.: 0402 -04 Planning Commission Hearing Date: April 24, 2002 Map No.: F18A Applicant: Mary C. Roberts Legal Description/Location: Glenoak Subdivision, Lot 3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. Area of Request: 0.647 acre (28,200 square feet) Lot(s) Area: Same as above. Current Zoning: "R -1B" One - family Dwelling District Request: `B -1" Neighborhood Business District Current Use of Property: Single - family residence. Purpose of Request: Small animal grooming shop in conjunction with the single - family residential unit. Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zoning: North, East - "R -1B" One - family Dwelling District South - "A -1" Apartment House District West - `B -1" Neighborhood Business District Zoning Report Case No. 0402 -04 (Mary C. Roberts) Page 2 Adiacent Land Use: North — Flour Bluff High School and baseball field. South — Apartments. East — Single - family residential. West - Undeveloped property. Number of Residential Units Allowed: "R -1B" — 4 units (7.26 dwelling units per acre) "B -1" — 23 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty shops — 21.30 average weekday vehicle trip ends per 1,000 square feet x 1,752 square feet of gross floor area = 37 average weekday vehicle trip ends. Specialty shops — 21.30 average weekday vehicle trip ends per 1,000 square feet x 520 square feet of gross floor area = 11 average weekday vehicle trip ends. of gross floor area of gross floor area Adiacent Streets /Classification: a) Glenoak Drive — collector Right -of -Way Design Current: a) 70 -foot of right -of -way with a 48 -foot back -to -back rural paved section. Planned: a) 70 -foot of right -of -way with a 48 -foot back -to -back paved section. 1996 Traffic Count (24 -hour, weekday, non- directional): a) 11,350 vehicles per day (at Waldron Road and Glenoak Drive ) Zoning History of Property: There has been no rezoning activity within the past five (5) years. Zoning Report Case No. 0402 -04 (Mary C. Roberts) Page 3 Recent Surrounding Zoning Cases: The has been no rezoning activity in the area within the past five (5) years. Zoning Inventory: The subject property is part of a single - family residential area containing 10.33 acres of "R -1B" District property. Fifty -one (51) acres of "R -1B" District property located north and across Glenoak Drive is developed as a public school and its baseball field. South of the subject property is 18.65 acres of "A -1" District property developed as an apartment complex. Adjacent to the west and across Waldron Road is 10.03 acres of undeveloped 'B -1" District property. On the northwest corner of Glenoak Drive and Waldron Road is 0.57acres of property zoned with a `B -1" District and developed as a restaurant. Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a change of zoning from a "R -1B" One- family Dwelling District to a `B -1" Neighborhood Business District in order to open and operate a small animal grooming shop within the attached garage area of the existing residence. The existing residence is located on a lot area consisting of 0.647 acre and is a 1,232 square foot one -story structure with a garage area of 520 square feet. The subject property is located along the south side of Glenoak Drive that is zoned for and predominantly developed with single- family residences located north of the subject property across Glenoak Drive is the Flour Bluff High School and baseball facilities. Immediately west of the subject property is undeveloped `B -1" District property. Access to the subject property is from Glenoak Drive, a collector that connects to Waldron Road, an arterial. Traffic generated by the proposed use within the 520 square foot garage area is minimal at 11 trips per day. However, if the entire subject property is granted the "B -1" District and developed in the future with other `B -1" District uses, i.e., restaurants, convenience stores with fueling, clothing shops, etc., a substantial increase in traffic along Glenoak Drive would be generated. Approval of this request would set a precedent of rezoning of the adjoining residential lots to the east. Undeveloped `B -1" District properties adjacent to the subject property and across Waldron Road are available in the area for business development. The vacant "B -1" District area has direct access to the arterial, Waldron Road. The subject property should continue to be residential as part of the residential area since there is no demonstrated need to extend the "B -1" District. Furthermore, caution should be used in extending the "B -1" District further into the residential area that is in proximity to three public schools and pedestrian routes for students. Zoning Report Case No. 0402 -04 (Mary C. Roberts) Page 4 If favorable consideration is granted for the request, it should be limited to a Special Permit for a small animal grooming shop within the attached 520 square foot garage of the residential structure. • Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements are not supportive of the requested `B -1" District. The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with low- density residential uses. The requested `B -1" District is not consistent with the Plan's recommended land use. • Potential Housing Density: The "R -1B" District permits a density of 7.26 dwelling units per acre or four (4) units on the subject property. A "B -1" District permits a density of 36.30 dwelling units per acre or 23 units on the subject property. The increase in density will not adversely impact the adjacent street system. • Height/Bulk/Setbacks/Etc.: The "R -1B" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. A `B -1" District requires a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet each would be required. If the rezoning were approved, new construction on the subject property would be required to maintain a setback of ten (10) feet along the south and east property lines. Both the "R -1B" and "B -1" Districts limit the building height to 35 feet not to exceed three (3) stories. • Signage: Signs in the "R -1B" District are limited to one wall sign with an area not to exceed one square foot. Approval of a Special Permit cannot allow an increase in sign area. The "B -1" District permits unlimited wall signs and one freestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. • Traffic: The subject property has direct access to a collector, Glenoak Drive that directly connects to an arterial, Waldron Road. The Waldron Road /Glenoak Drive intersection carries 11,350 vehicles per day. The amount of traffic generated by the proposed small animal grooming shop, 11 vehicles per day, will have minimal impact on the street system. • Parking/Screening: A small animal grooming shop requires one off - street parking space for each 200 square feet of gross floor area. The existing residential structure requires two (2) off - street parking spaces and the proposed garage area of 520 square feet requires three (3) parking spaces, totaling five (5) off - street parking spaces on the subject property. If a Special Permit is approved, the SP could reduce or increase the required number of parking spaces. A standard screening fence with a height of not less than six (6) feet would be required when a business or industrial use locates adjacent to a residential district. The subject property will be required to provide a standard screening fence along its south and east property lines. Zoning Report Case No. 0402 -04 (Mary C. Roberts) Page 5 • Costs to City: All of the infrastructure required to serve the subject property is in place and no additional costs to the City are anticipated. • Platting: The subject property is a platted lot and will not require replatting. Pros: (Ideas in support of the request.) a) Approval of the `B -1" District on the subject property would be an expansion of the adjacent "B -1" District to the west. Cons: (Ideas in support of maintaining the current zoning.) a) The subject property is recommended by the Flour Bluff Area Development Plan to develop with low- density uses and retain its "R -1B" District designation. a) The subject property does not have direct access to an arterial street and traverses a residential area. b) Approval of the rezoning could initiate additional rezonings onto the adjacent single - family properties to the east. Staff Recommendation: Denial of the `B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for an animal grooming shop within the attached garage as shown on the site plan, and with the following conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R -1B" One - family Dwelling District is an animal grooming shop. 2. ANIMAL GROOMING SHOP: The animal grooming shop is limited to a floor area of 520 square feet and excludes the grooming of livestock. Keeping of animals overnight is prohibited. 3. ENTRANCE: The doorway entrance /exit for the small animal grooming shop shall be along the west wall of the garage area. 4. PARKING: Parking for the small animal grooming shop shall be provided as shown on the site plan. 5. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be placed along the south and east property lines. The north 25 feet of the fence along the east property line must not exceed a height of three (3) feet. Zoning Report Case No. 0402 -04 (Mary C. Roberts) Page 6 6. HOURS OF OPERATION: Hours of operation shall be limited to the hours between 7 a.m. and 7:00 p.m. 7. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Attachments: H:\PLN- DLWERMA \WORD\ZONRPTS \0402 -04CCREPORT.DOC Site Plan Zoning and Ownership Map Ownership List 8 64'o 2— 04/ N 61° W 94.0' 18' 202' 20.2' 26.5' HOUSE 24.2' O O O M ° 0) N z 10.3' 0 ri 11.5' 11.5' 0 26.5' m 20.3' 20.3' 0 ?a rOr cc 0 e N L 25' B.L. Pch S 529 SITE PLAN LOT 3, GLENOAK 0. a. Imo) 1 1b_1 t0$/fi/e/ N 6101 E 94.0' GLENOAK DRIVE 17.0' 0 0 8 g 7.0' N DATE: MAY 21, 2002 SCALE: 1" = 20' 34 FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT A GLENOAK 2 • - Property Owner in Favor Apr 9, 2002 — AMF lkouliyalani00 CASE Z0402 -04 X - Property Owner Opposed See Comments on Page(s) 2. Subject property Owners within 200 feet listed on attached ownership list _4 0 _ 5 ) " J-e" 'y Imo/ -c ro Applicant: Mary C. Roberts 529 Glenoak 78418 1 Z0402 -04 247600530100 HRISSIKOPOULOS PAT K 4456 S STAPLES CORPUS CHRISTI TX 78411 FLOUR BLUFF & ENC FRM GDN TRACT 1.5 ACS OUT OF LT 1 SEC 53 4 Z0402 -04 255500020000 FLOUR BLUFF IND SCHOOL DI P O BOX 181029 CORPUS CHRISTI TX 78418 FLOUR BLUFF SCHOOL TR BK 2 7 Z0402 -04 284300000340 BRETT JOHN T ET UX NOLA V 913 N ALLEN ROCKPORT TX 78382 GLENOAK S/D NW 4.217 ACS OUT OF LT 34 OWNERSHIP LIST CASE NO. 0402-04 2 Z0402 -04 247600530116 PURCELL WILLIAM M ETUX DEANNE D 513 GLENOAK CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 94' X 320' OUT OF SEC 53 5 Z0402 -04 284300000040 NISSEL CHARLES E ET UX JESSIE I 521 GLENOAK CORPUS CHRISTI TX 78418 GLENOAK S/D LT 4 SP Z0402 -04 284300000030 ROBERTS MICHAEL AND MARY ROBERTS WFE 529 GLEN OAK DRIVE CORPUS CHRISTI TX 78418 GLENOAK S/D LT 3 3 Z0402 -04 247600530118 TIBLIER ANNA D 3305 TAHITI DR CORPUS CHRISTI TX 78418 FLOUR BLUFF & ENC FRM GDN TRACT 94' X 165' OUT LT 1 SEC 53 (N POR) 6 Z0402 -04 284300000330 BRETT JOHN T AND NOLA V B 913 N ALLEN ROCKPORT TX 78382 GLENOAK S/D LT 33 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0402 -04 Mary C. Roberts • - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200 -foot notification area: Favor: None. Opposition: None. II. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners /applicants of subject area: Favor: None. Opposition: None. H: \PLN -D IR\ERMA\ W ORD\COMM DATA \0402-04COMMENTS. DOC /2. Mary C. Roberts: 0402 -04 REQUEST: "R -1B" One - family Dwelling District to "B -1" Neighborhood Business District on property described as Glenoak Subdivision, Lot 3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. Mr. Saldaiia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a single- family residential area containing 10.33 acres of "R -1B" District property. Fifty -one (51) acres of "R -1B" District property located north and across Glenoak Drive is developed as a public school and its baseball field. South of the subject property is 18.65 acres of "A -1" District property developed as an apartment complex. Adjacent to the west and across Waldron Road is 10.03 acres of undeveloped "13-1" District property. On the northwest corner of Glenoak Drive and Waldron Road is 0.57acres of property zoned with a 'B -I" District and developed as a restaurant. The applicant has requested a change of zoning from a "R -113" One- family Dwelling District to a "8-1" Neighborhood Business District in order to open and operate a small animal grooming shop within the attached garage area of the existing residence. The existing residence is located on a lot area consisting of 0.647 acre and is a 1,232 square foot one -story structure with a garage area of 520 square feet. The subject property is located along the south side of Glenoak Drive that is zoned for and predominantly developed with single - family residences. North of the subject property across Glenoak Drive is Flour Bluff High School and its baseball area. Immediately west of the subject property is undeveloped 13-1" District property. Access to the subject property is from Glenoak Drive, a collector that connects to Waldron Road, an arterial. Traffic generated by the proposed use within the 520 square foot garage area is minimal at 11 trip ends per day. However, if the entire subject property is granted the "B -1" District and developed in the future with other "B -1" District uses, i.e., restaurants, convenience stores with fueling, clothing shops, etc., a substantial increase in traffic along Glenoak Drive would be generated. Approval of this request would set a precedent of rezoning of the adjoining residential lots to the east. The undeveloped "13-1" District properties adjacent to the subject property and across Waldron Road are sufficient business zone properties for the area at this time. The vacant "13-1" District area has better access to the arterial street system, Waldron Road, than the subject property. At this time, the subject property should continue as part of the residential area since there is no demonstrated need to extend the "B -1" District. Furthermore, caution should be used in extending the "13-1" District, a higher traffic generator, further into the residential area that is in proximity to three public schools, whereby students of various ages are daily pedestrians. If favorable consideration is granted for the request, it should be limited to a Special Permit for a small animal grooming shop within the attached 520 square foot garage of the residential structure. The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with low- density residential uses. The requested `B -1" District is not consistent with the Plan's recommended land use. Denial of the `13-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for an animal grooming shop within the attached garage as shown on the site plan, and with the following conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R -IB" One - family Dwelling District is an animal grooming shop. 2. ANIMAL GROOMING SHOP: The animal grooming shop is limited to a floor area of 520 square feet and excludes the grooming of livestock. Keeping of animals overnight is prohibited. /3 Planning Commission Minutes April 24, 2002 Case No. 0402 -04 (Mary C. Roberts) Page 2 3. ENTRANCE: The doorway entrance /exit for the small animal grooming shop shall be along the west wall of the garage area. 4. PARKING: Parking for the small animal grooming shop shall be provided as shown on the site plan. 5. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be placed along the south and east property lines. The north 25 feet of the fence along the east property line must not exceed a height of three (3) feet. 6. HOURS OF OPERATION: Hours of operation shall be limited to the hours between 7 a.m. and 7:00 p.m. 7. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Chairman Berlanga opened the public hearing. Cathy Roberts, 529 Glenoak Drive, said that she operates a dog grooming business and needs to move her business to her home for cost reasons. She said that her property has two garages, one in front and one in the back. The garage in the back does not have vehicular access, therefore, she needs to operate her business from the garage in the front. She read the special permit conditions proposed in the zoning staff report and requested that the hours of operation be changed to 7 a.m. to 7 p.m. Commissioner Smith said that due to the fact that there were no responses received in opposition to a "13-1" District zoning, the Special Permit, as recommended by Staff, should be approved. Ms. Roberts expressed concern with the special permit condition requiring parking to be at the rear of the property. There was discussion regarding available parking for the business. Staff said three (3) parking spaces are required for the business. The parking area is needed to allow the patrons to enter and exit the business without other vehicles being required to move and have access to the street. Ms. Roberts said that there is ample parking to allow her customers to enter the property and exit onto the street without any obstructions. Staff also said that the applicant would need to provide two (2) additional off - street parking spaces for their personal vehicles. Chairman Berlanga explained that Ms. Roberts would have to widen her parking area to accommodate another vehicle to meet the parking requirement. Ms. Roberts agreed. Commission Smith said that he reviewed the subject property and believed that there was ample area for the required parking. Mr. Gunning suggested adding the required parking to the Special Permit conditions. He explained that by requiring the condition as part of the Special Permit, Ms. Roberts would need to comply with the parking requirement in order to obtain a permit for her business. In response to Chairman Berlanga's question, Ms. Roberts reiterated that there was no vehicular access to the building and added that she would prefer to be able to monitor her residence which she could not do if the grooming shop was located in the rear garage. Mr. Amsler asked what the requirement for signage would be. Mr. Gunning responded that the allowable signage for the base zoning, "R -1B" District, is one square foot. Ms. Roberts agreed to the signage allowance and stated that she has an existing customer base. /1 Planning Commission Minutes April 24, 2002 Case No. 0402 -04 (Mary C. Roberts) Page 3 Commissioner Zamora expressed concern with barking dogs in the facility causing a disturbance for the residences. Ms. Roberts said that she is particular about the animals she receives for grooming and owners of barking dogs are required to pick up their animal as soon as the service is completed. Michael Roberts, 529 Roberts, provided information about the subject property by stating that the measurement of the lot is 94 feet x 300 feet. There is a four -foot easement between the property line to the adjacent property, thus prohibiting access to the rear of the property. The driveway is 60 -feet long with a 20 -foot section of caliche attaching the driveway to the street. Public hearing was closed. Motion by Sween - McGloin, seconded by Amsler, to deny the "13-1" District request and forward a recommendation for a Special Permit subject to the following conditions. 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R -1B" One - family Dwelling District is an animal grooming shop. 2. ANIMAL GROOMING SHOP: The animal grooming shop is limited to a floor area of 520 square feet and excludes the grooming of livestock. Keeping of animals overnight is prohibited. 3. ENTRANCE: The doorway entrance /exit for the small animal grooming shop shall be along the west wall of the garage area. 4. PARKING: Parking for the small animal grooming shop shall be indicated on a site plan subject to approval by Planning staff. 5. SCREENING: A standard screening fence with a height of not less than six (6) feet shall be placed along the south and east property lines. The north 25 feet of the fence along the east property line must not exceed a height of three (3) feet. 6. HOURS OF OPERATION: Hours of operation shall be limited to the hours between 7 a.m. and 7:00 p.m. 7. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Motion passed with Pusley, Salazar, and Mims being absent. PLANNING COMMISSION'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARY C. ROBERTS, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, GLENOAK SUBDIVISION, (CURRENTLY ZONED "R -1B" ONE - FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN ANIMAL GROOMING SHOP SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Mary C. Roberts 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, April 24, 2002, during a meeting of the Planning Commission, and on Tuesday, June 25, 2002, 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 granting a Special Permit for an animal grooming shop use on Lot 3, Glenoak Subdivision, (currently zoned "R -1B" One - family Dwelling District), located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following seven (7) conditions: 1.USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R -1B" One - family Dwelling District is an animal grooming shop. 2.ANIMAL GROOMING SHOP: The animal grooming shop is limited to a floor area of 520 square feet and excludes the grooming of livestock. Keeping of animals overnight is prohibited. 3.ENTRANCE: The doorway entrance /exit for the small animal grooming shop shall be along the west wall of the garage area. \\LEGALLLAw\ LEG- DIR\DoyleDCurtis WIYDOCS\2002\PBZORDOZZon ing.ord\DOYLEC\2002\Z040204B. SP.M Roberts.Ord.doc /4 Page 2 of 4 4. PARKING: Parking for the small animal grooming shop shall be provided as shown on the site plan. 5.SCREENING: A standard screening fence with a height of not less than six (6) feet shall be placed along the south and east property lines. The north 25 feet of the fence along the east property line must not exceed a height of three (3) feet. 6.HOURS OF OPERATION: Hours of operation shall be limited to the hours between 7 a.m. and 7:00 p.m. 7.TIME LIMIT: This Special Permit shall expire within one (1) year from 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. That publication shall be made in the official publication of the City of 99. rous Christi as ceruiireri by tha !'ih, rh .,her "fah" r's,. „c r. • Page 3 of 4 APPROVED AS TO LEGAL FORM 11 June, 2002 James R. Bray, Jr. City A •_ ey � By: 11111 Doyle D `i urtis Senior Assistant City Attorney WIGALIAI LEG- DIR\ DoyleDCurtIMMYDOCS12002 \PBZGRD02\ Zoning. ord\ DOYLEC12002 \Z040204B.SP.MRoberts.Ord.doc /8 Ole 2 — °i N 61° W 94.0' 202' ded 18' 202' 24.2' 26.5' HOUSE 26.5' 25' B.L. Pch 1 Z 8 10.3' 11.5' 11.5' °) nax,a n 20.: 17.0 20.3' 0 0- 0.- OiXin © IVI 111 11 6 �I S 61 °} E 94.0' 529 GLENOAK DRIVE N SITE PLAN LOT 3, GLENOAK N 7.0 DATE: MAY 21, 2002 SCALE: 1" = 20' EXHIBIT A /9 APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARY C. ROBERTS, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, GLENOAK SUBDIVISION FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Mary C. Roberts 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, April 24, 2002, during a meeting of the Planning Commission, and on Tuesday, June 25, 2002 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 Lot 3, Glenoak Subdivision, located on the south sige of Glenoak Subdivision, approximately 200 feet east of Waldron Road, from "R -1 B" 0&e-family Dwelling District to "B -1" Neighborhood Business District. SECTION 2. 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 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chri §ti, 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, shall remain in full force and effect. SECTION 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. \\LEGALILAW 1LEG- DIRToyIeDCu rtis\MYDOCS\2002\P&ZORD02Voni ng.ord \DOYLEC\2002\Z040204A. MRoberts. doc AO Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of June, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 5 June, 2002 James R. Bray, Jr. City Esrey By: .1� . _ Doyle DO Curtis Senior • ssistant City Attorney M EGAL\ IAVVIEG- DIR\ DoyleDCurtis \MYDOCS\2002\PBZCRD02\ Zoning. ord \DOYLEC\20022040204A. M Roberts. doc 2/ 23 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 25, 2002) Case No. 0502 -03, Paula Gaut Properties, Inc.: A change of zoning from a "R -1B" One - family Dwelling District to a "B-4" General Business District on Bass Subdivision, Block 28, Lot K, located on the north side of Saratoga Boulevard, approximately 675 feet east of Airline Road. Planning Commission and Staffs Recommendation (05/22/02): Approval. Requested Council Action: Approval of a "B-4" General Business Distr ict and adoption of' the attached ordinance. Purpose of Request: For business and office uses. Summary: The applicant has requested a change of zoning from an "R -1B" One - family Dwelling District to a "B-4" General Business District in order to allow for anticipated business or office development. The subject property's only access is along an arterial roadway, Saratoga Boulevard. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property does not have direct access to a local street and traffic will not traverse the residential area to the north along Sandra Lane. The Southside Area Development Plan's adopted future land use map recommends the subject property to develop as commercial uses. East of the subject property is "B-4" District property developed as the Teachers Credit Union. South, across Saratoga Boulevard, from the subject property is an undeveloped area zoned with a "B-4" District. Commercial development, as opposed to low- density residential development, with access along an arterial roadway, is encouraged for the subject property area. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, twelve (12) notices were mailed to the property owners within a 200 -foot radius, of which one (1) was returned in favor and none in opposition. The 20 %rule is not in effect. Michael N. Gunning, AICP Director of Planning MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H:\PLN- DIR\ERMA\ WORD\AGENDMEM \0502- 03AGENDAMEMO.DOC Pages 2 -8 Page 9 Page 10 Pages 11 -12 CITY COUNCIL ZONING REPORT Case No.: 0502 -03 Planning Commission Bearing Date: May 22, 2002 Map No.: G16B Applicant: Paula Gaut Properties, Inc. Leeal Description/Location: Bass Subdivision, Block 28, Lot K, located on the north side of Saratoga Boulevard and approximately 675 feet east of Airline Road. Area of Request: 0.64 acres Lot(s) Area: Same as above. Current Zoning: "R -1B" One - family Dwelling District Request: `B -4" General Business District Current Use of Property: Vacant land. Purpose of Request: Business and office uses. Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zoning: North, East — "R -1B" One - family Dwelling District South - (across Saratoga Boulevard) `B -4" General Business District Adiacent Land Use: North — Single - family residence and undeveloped land. South — (across Saratoga Boulevard) Undeveloped land. East — Undeveloped land. West — Teachers Credit Union. 2. Zoning Report Case No. 0502 -03 (Paula Gaut Properties) Page 2 Number of Residential Units Allowed: "R -1B" — 4 unit (7.26 units per acre) "B -4" — 23 units (36.30 dwelling units per acre) Estimated Traffic Generation: Single - family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 4 dwelling units = 40 average weekday vehicle trip ends. Office building - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,221 square feet of gross floor area (average floor area per ITE Manual) = 48 average weekday vehicle trip ends. General Business - 2.24 average weekday vehicle trip ends per 1,000 square feet of gross floor area per gross acre (average trip ends and gross acre per ITE Manual) x 0.64 acres = 60 average weekday vehicle trip ends. Adjacent Streets /Classification: a) Saratoga Boulevard — arterial Right-of -Way Design Current: a) 120 -foot right -of -way with a 74 -foot back -to -back paved section. Planned: a) Same as current 2001 Traffic Count (24 -hour, weekday, non- directionall: a) 9,287 vehicle trips per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. 3 Zoning Report Case No. 0502 -03 (Paula Gaut Properties) Page 3 Recent Surrounding Zoning Cases: In December 2001, a request to change the zoning on Lot 3, Block 27 of Bass Subdivision, northwest of the subject property, from "R -1B" District to "B-4" District was denied by the Planning Commission and withdrawn at City Council level. Zoning Inventory: The subject property is part of a predominately undeveloped 7.46 -acre tract of land zoned a "R -1B" District bounded by Sandra Lane, Saratoga Boulevard, Gill's Nursery east property line and the Teachers Credit Union west property line. South, across Saratoga Boulevard is 12.19 acres of undeveloped land zoned with a `B-4" District. A 3.73 acre tract of land west of the subject property at the Saratoga Boulevard and Airline Road intersection is zoned with a `B -4" District and consist of one residence, undeveloped land and Gill's Nursery. East of the subject property is 5.16 acres of land zoned with a `B -4" District and developed as the Teachers Credit Union. Planning Staff Analysis: • General Characteristics and Background: The applicant has requested a change of zoning from an "R -1B" One - family Dwelling District to a `B-4" General Business District in order to allow for anticipated business or office development. The subject property's only access is along an arterial roadway, Saratoga Boulevard. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property does not have direct access to a local street and will not traverse the residential area to the north along Sandra Lane. The Southside Area Development Plan's adopted future land use map recommends the subject property to develop as commercial uses. East of the subject property is `B -4" District property developed as the Teachers Credit Union. South, across Saratoga Boulevard, from the subject property is an undeveloped area zoned with a `B -4" District. Commercial development, as opposed to low- density residential development, with access along an arterial roadway, is encouraged for the subject property area. • Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested `B-4" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with commercial uses. The requested "B-4" District is consistent with the Plan's recommended land use. • Potential Housing Density: An "R-1B" District permits a density of 7.26 dwelling units per acre or 4 dwelling units on the subject property. The requested `B-4" District permits 36.30 dwelling units per acre or 23 units on the subject property. Zoning Report Case No. 0502 -03 (Paula Gaut Properties) Page 4 • Height/Bulk/Setbacks/Etc.: The "R -1B" District requires a front yard setback of 25 feet and a side and rear yard setback of five (5) feet each. The `B -4" District requires a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback of ten (10) feet along that residential adjacency would be required. The subject property has residential adjacency along the west and north property lines that will require a setback often (10) feet. Building heights are limited to 35 feet and three (3) stories in the "R -1B" District. There are no building height limitations in the "B -4" District. • Signage: Signs in the "R -1B" District are limited to one wall sign with an area not to exceed one square foot. Signs in the `B -4" District are unlimited as to size and number provided they are located behind the front yard setback. Freestanding signs within the front yard setback are limited to one sign per street frontage with a sign area not to exceed forty (40) square feet and a height of 25 feet. • Traffic: The proposed office and business uses are estimated to generate approximately 48 and 60 daily trip ends. With direct access to an arterial, Saratoga Boulevard, any adverse impact onto the street system will be minimal. The subject property does not have any direct access to a local residential street and would not adversely impact the surrounding residential properties. • Parking/Screening: A nonmedical office use is required to provide one parking space for each 250 square feet of gross floor or five (5) spaces minimum General business uses are required to provide one parking per 200 square feet of floor area. Compliance with the off - street parking regulations will be required before a certificate of occupancy can be issued. A standard screening fence with a height of not less than six (6) feet is required when a business /office use locates adjacent to a residential district. A standard screening fence will be required along the north and west property lines. • Costs to City: The change in zoning will not necessitate any expenditures by the City. • Platting: The subject property contains one platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) The requested `B -4" District is consistent with the adopted Southside Area Development Plan's recommended land use. b) The subject property has direct access to an arterial, Saratoga Boulevard. Cons: (Ideas in support of maintaining the current zoning.) a) None. Zoning Report Case No. 0502 -03 (Paula Gaut Properties) Page 5 Staff Recommendation: Attachments: H:\PLN- DIR\ERMA \WORD\ZONRPTS \0502 -03CCREPORT.DOC Approval. Zoning and Ownership Map Ownership List 4 B -4 20 20 AB May 8, 2002 — RP 0 CASE ZO502 -03 B -4 ItAr 1 / • Property Owner in Favor R Property Owner Opposed See Comments on Page(s) Subject property Owners within 200 feet Iisted on attached ownership Ilet Applicant: Paula Gaut Properties, Inc. 7110 S. Staples, Ste. B 78413 1 Z0502 -03 046500070010 OVERPECK DANIEL E & WF VICTORIA W 6801 SANDRA CORPUS CHRISTI TX 78415 BASS S/D LT 1 & NW /2 OF LT 3 BLK 7 3 Z0502 -03 046500280090 CORPUS CHRISTI AREA TEACHERS FED'L CREDIT UNI 6810 SARATOGA BLVD CORPUS CHRISTI TX 78414 BASS S/D LT I BLK 28 6 Z0502 -03 046500290150 TRAYNHAM REUBEN & ERMA % GENE TRAYNHAM 300 SAN MIGUEL CT IRVING TX 75062 BASS S/D LTS 0 AND P BLK 29 SP Z0502 -03 046500280110 TRAYNHAM REUBEN & ERMA % GENE TRAYNHAM 300 SAN MIGUEL CT IRVING TX 75062 BASS S/D LT K BLK 28 OWNERSHIP LIST CASE NO. 0502-03 2 Z0502 -03 046500070020 KILGORE DON W ET UX 1659 GRAHAM RD CORPUS CHRISTI TX 78418 BASS 5/13 LT 2 & SE/2 OF LT 3 BLK 7 4 Z0502 -03 046500290060 STARY THOMAS JR 6733 SANDRA LN CORPUS CHRISTI TX 78415 BASS S/D LT F BLK 29 7 Z0502 -03 247600200040 D & E DEVELOPMENT CORPORA PO BOX 8791 CORPUS CHRISTI TX 78468 FLOUR BLUFF & ENC FRM GDN TRACT 40.733 ACS OUT OF E/2 OF LT 4 ALL LTS 5 & 6 SEC 20 Z0502 -03 LUPITA BESTE BRIGHTON VILLAGE ZONING COORDINATOR P. O. BOX 81531 CORPUS CHRISTI, TEXAS 78468 3 Z0502 -03 046500280070 CORPUS CHRISTI AREA TEACH FEDERAL CREDIT UNION 6810 SARATOGA BLVD CORPUS CHRISTI TX 78414 BASS S/D LTS G H L & PT OF M BLK 28 5 Z0502 -03 046500290070 HARRIS NORA FAYE DAVIDSON AND DIANE DAVIDSON 3646 SAN BLAS CORPUS CHRISTI TX 78415 BASS S/D LTS G & H BLK 29 8 Z0502 -03 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 Z0502 -03 TERRY WHITE BRIGHTON VILLAGE NEIGHBORHOOD ASSN. 2514 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78415 $ COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0502 -03 Paula Gaut Properties, Inc. • - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices retumed from within the 200 -foot notification area: Favor: (7) D & E Development Corporation, P. O. Box 8791 78468 "R -1B" zoning on Saratoga serves no purpose. The City should strive to encourage business to locate on Saratoga toward Rodd Field. Saratoga is under developed in that area." Opposition: None. II. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN- D[R\ERMA\ WORD \COMMDATA\0502.03COMMENTS.DOC Planning Commission Minutes May 22, 2002 Paula Gaut Properties, Inc.: 0502 -03 REQUEST: "R -1B" One - family Dwelling District to "B-4" General Business District on property described as Bass Subdivision, Block 28, Lot K, and located on the north side of Saratoga Boulevard and approximately 675 feet east of Airline Road. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a predominately undeveloped 7.46 -acre tract of land zoned a "R -1B" District bounded by Sandra Lane, Saratoga Boulevard, Gill's Nursery east property line and the Teachers Credit Union west property line. South, across Saratoga Boulevard is 12.19 acres of undeveloped land zoned with a 13-4" District. A 3.73 acre tract of land west of the subject property at the Saratoga Boulevard and Airline Road intersection is zoned with a "B-4" District and consist of one residence, undeveloped land and Gill's Nursery. East of the subject property is 5.16 acres of land zoned with a 13-4" District and developed as the Teachers Credit Union. Mr. Saldafia said that the applicant has requested a change of zoning from an "R -1B" One- family Dwelling District to a "B-4" General Business District in order to allow for anticipated business or office development. The subject property's only access is along an arterial roadway, Saratoga Boulevard. City adopted policies recommend commercial uses that generate large volumes of traffic have direct access to an arterial without traversing a residential area. The subject property does not have direct access to a local street and will not traverse the residential area to the north along Sandra Lane. The Southside Area Development Plan's adopted future land use map recommends the subject property to develop as commercial uses. East of the subject property is "B-4" District property developed as the Teachers Credit Union. South, across Saratoga Boulevard, from the subject property is an undeveloped area zoned with a "B-4" District. Along the intersection of Airline Road and Saratoga Boulevard are one residence, undeveloped property and Gill's Nursery. Commercial development, as oppose to low- density residential development, with access along an arterial roadway is encouraged for the subject property area. The Southside Area Development Plan's adopted future land use map recommends the area to develop with commercial uses. The requested `B-4" District is consistent with the Plan's recommended land use. Therefore, Staff recommends approval of the rezoning request. Chairman Berlanga opened the public hearing. Mr. Lowell Gaut, 3431 Ocean Drive, appeared in favor of the rezoning request and asked the Commission to grant the request. Public hearing was closed. Motion by Sween - McGloin, seconded by Pusley, to forward a recommendation of approval of the rezoning request. Motion passed with Zamora being absent. /0 APPLICANT'S REQUEST PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAULA GAUT PROPERTIES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT K, BLOCK 28, BASS SUBDIVISION, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Paula Gaut Properties, INC. 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, May 22, 2002, during a meeting of the Planning Commission, and on Tuesday, June 25, 2002, 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 Lot K, Block 28, Bass Subdivision, located on the north side of Saratoga Boulevard and approximately 675 feet east of Airline Road, from "R-1B" One - family Dwelling District to "B-4" General Business District. SECTION 2. 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 3. 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, shall remain in full force and effect. SECTION 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. \\LEGALLLAW LEG- DIR\ DoyleDCurtis' MYDOCS\ 2002WB ZORD021Zoning. ord\ DOYLEC\ 20021Z050203A.PaulaGaut.Ord.doe /1 Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of June, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. Mayor, The City of Corpus Christi City Secretary APPROVED AS TO LEGAL FORM 5 June, 2002 James R. Bray, Jr. &Olt By o : rne� Doylrf. Curtis Senior Assistant City Attorney \LLEGALUAIMLE G -DI R\DoyleDCurtis\MYDOCSV002 W &ZORDO2\ZonIng. ord\DOYLEC\2002\Z050203A.Pau l aGaut.Ord. doc 24 AGENDA MEMORANDUM DATE: June 17, 2002 SUBJECT: Flour Bluff Area Street Improvements, Phase 1 (Project No. 6122) AGENDA ITEM: A. Public Hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1: • Claride Street from N. A. S. Drive to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. Drive to Jane Street • Scotland Street from N. A. S. Drive to Jane Street B. Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1 as follows: • Claride Street from N. A. S. Drive to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. Drive to Jane Street • Scotland Street from N. A. S. Drive to Jane Street imposing assessments totalling $251,224.35 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures; and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $1,826,159 with Bay, Ltd. for the Flour Bluff Area Street Improvements, Phase 1 as follows: • Claride Street from N. A. S. Drive to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. Drive to Jane Street • Scotland Street from N. A. S. Drive to Jane Street ISSUE: The Flour Bluff Area Streets, Claride, Mounts, Jane, Webb, and Scotland, are rural road sections with inadequate shoulders, roadside ditches, and no sidewalks and need to be reconstructed to urban standards. Reconstruction will provide smoother riding surfaces, improved drainage, and increased pedestrian safety; and fulfill property owner requests for street improvements. FUNDING: Funds to finance the proposed project is available in the FY 2000 -2001 and FY 2001 -2002 Community Development Block Grant (CDBG) Program and from Utilities Commercial Paper Program. H: \HOME\VELMAR\GEN\STREET\6122 FLOUR BLUFF PH 11CONSTRUCTIONMGENDA MEMO RECOMMENDATION: Staff recommends approval of the Ordinance and Motion as presented. g4 g R. Esco ar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map H1HOME\VELMAR\GENISTREET\6122 FLOUR BLUFF PH 1\ CONSTRUCTION \ AGENDA MEMO BA K ROUND INFORMATION SUBJECT: Flour Bluff Area Street Improvements, Phase 1 (Project No. 6122) PRIOR COUNCIL ACTION: 1. November 26, 1996 — Specifying rules to apply when the City intends to assess abutting property or affected railways to secure payment for highway or related improvements, including rules concerning assessment hearing notice and the assessment hearing itself; and authorizing the Director of Engineering Services to prepare assessment certificates. (Resolution No. 022767) 2. March 28, 2000 — Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with Smith, Russo & Mercer Consulting Engineers for a total fee not to exceed $164,180 for the following projects: D Southmoreland Addition Street Improvements, Phases 3A and 4A D Hampshire Road Improvements from State Highway 358 to McBride Lane D Flour Bluff Estates Street Improvements, Phase 1 D Minor Storm Drainage Improvements: Jester Street (Motion No. M2000 -090). 3. May 9, 2000 — Approval of the FY 2000 -2001 Community Development Block Grand (CDBG) Program in the amount of $6,093,562 of which $100,000 was specified for the Flour Bluff Estates Street Improvements, Phase 1 Project (Ordinance No. 024036). 4. October 17, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 for Stage 2 services to the engineering contract in the amount of $171,907 with Smith, Russo & Mercer Consulting Engineers for the Hampshire Road Improvements from State Highway 358 to McBride Lane and Flour Bluff Estates Street Improvements, Phase 1, for a total fee not to exceed $350,337 (Motion No. M2000 -374). 5. May 15, 2001 - Approval of the FY 2001 -2002 Community Development Block Grant (CDBG) Program in the amount of $6,281,519 of which $985,000 was specified for the Flour Bluff Estates Street Improvements, Phase 1 Project (Motion No. M2001 -191). 6. January 15, 2002 - Approval of the FY 2001 -2002 Capital Improvement Budget (Ordinance No. 024730). 7. May 14, 2002 - Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1: • Claride Street from N. A. S. Drive to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. Drive to Jane Street • Scotland Street from N. A. S. Drive to Jane Street specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk (Resolution No. 024864). 8. May 14, 2002 - Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff Area Street Improvements, Phase 1. • Claride Street from N. A. S. Drive to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. Drive to Jane Street • Scotland Street from N. A. S. Drive to Jane Street approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the June 25, 2002 City H:WOMEWELMARIGEMSTREETW122 FLOUR BLUFF PH 1 \CONSTRUCTIONIAGENDA BACKGROUND EXHIBIT "A" Page 1 of 3 Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners (Resolution No. 024865). PRIOR ADMINISTRATIVE ACTION: 1. October 27, 2000 - Amendment No. 1 to the engineering contract in the amount of $14,250 with Smith, Russo & Mercer Consulting Engineers for the Southmoreland Addition Street Improvements, Phases 3A and 4A and Minor Storm Drainage Improvements: Jester Street, for a total fee not to exceed $178,430. 2. April 24, 2000 - Testing Agreement in the amount of $4,750 with Rock Engineering and Testing for the Flour Bluff Area Street Improvements, Phases 1. FUTURE COUNCIL ACTION: Adopting the final assessment roll (tentative date October 2003) BACKGROUND: The Flour Bluff Estates Unit No. 2 Subdivision is an older neighborhood that was originally platted in 1941. The area is comprised primarily of residential house district and one area as business district. The deteriorated condition of the public infrastructure consists of street pavement in poor condition, roadside ditches that provide poor drainage, asphalt/caliche driveways and no sidewalks. The utility water and wastewater lines are old and in need of replacement. Utility work will be accomplished prior to reconstruction of the street so that street and drainage work need not be disturbed in the future for utility replacement. The project improvements consist of new pavement, curb and gutter, sidewalks, driveways and storm drainage, plus water/wastewater improvements. PROJECT DESCRIPTION: This project consists of reconstructing approximately 5,000 linear feet of 28 -foot back -to -back street including: caliche base; prime; hot mix asphaltic concrete (HMAC) pavement; curb and gutter; sidewalks and driveways; upgrading the existing storm sewer; replacing the water line; and replacing the existing sanitary sewer. Limits of the work will be as follows: • Claride Street from N. A. S. to Mounts Street • Mounts Street from Claride Street to Lakeside Drive • Jane Street from Jester Street to Claride Street • Webb Street from N. A. S. to Jane Street • Scotland Street from N. A. S. to Jane Street CONTRACT BIDS: The preliminary assessment roll is based on bid proposals received for the project on Wednesday, April 17, 2002. The project consists of a Base Bid and an Additive Alternate. Bay, Ltd. of Corpus Christi, Texas submitted the lowest responsive bid at $1,773,939.10 for the Total Base Bid and $52,219.90 for the Additive Alternate. The apparent low bid, submitted by Salinas Construction of Pleasanton, Texas, is considered a non- responsive bid due to an error in their Bid Bond. The Power of Attorney did not name the Attorney -In -Fact who signed the bond. The engineer's estimate is as follows: Total Base Bid $1,686,230.00 Additive Alternate $66,088.50 Four (4) bid proposals were received; and the bids range as follows: Total Base Bid $1,773,939.10 to $1,835,337.70 Additive Alternate $52,219.90 to $60,600.25 CONTRACT TERMS: The contract specifies that the project will be completed in 425 calendar days with completion anticipated by the end of September 2003. EXHIBIT "A" Page 2 of 3 H »1OME\VELMAR \GENI.STREET16122 FLOUR BLUFF PH 1 \CONSTRUCTION AGENDA BACKGROUND FUNDING: Funds to finance the proposed project is available in the FY 2000 -2001 and FY 2001 -2002 Community Development Block Grant (CDBG) Program and from Utilities Commercial Paper Program. H: \HOMENELMAR \GEMSTREET\6422 FLOUR BLUFF PH 7 \CONSTRUCTIONWGENDA BACKGROUND EXHIBIT "A" Page 3 of 3 FLOUR BLUFF ESTATES AREA STREET IMPROVEMENTS, PHASE 1 (Project No. 6122) Project Budget June 14, 2002 FUNDS AVAILABLE: FY 2000 -2001 CDBG $100,000.00 FY 2001 -2002 CDBG 985,000.00 Storm Water CIP 486,964.45 Water CIP 322,020.55 Wastewater CIP 392,794.49 Total $2,286,779.49 FUNDS REQUIRED: Construction (Bay, Ltd.): Street $822,668.90 Storm Water 372,434.00 Water 257,252.00 Wastewater 373,804.10 Subtotal Construction (estimate) $1,826,159.00 Contingencies (10 %) 182,615.90 Consultant (Smith, Russo, Mercer) 180,807.00 Major Projects Activity 25,293.45 Construction Inspection Activity 50,586.90 Land Acquisition Activity 3,000.00 Testing 14,250.00 Miscellaneous (Printing, Advertising) 4,067.24 Total $2,286,779.49 HiHOME\VELMAR\GEMSTREE116122 FLOUR BLUFF PH 1\CONSTRUCTIOMPROJECT BUDGET EXHIBIT "B" Page 1 of 1 TANVIATION OF BIDS Page 1 of 9 DEPARTMENT OP ENGnMZRING - CITY O8 CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.R., Director of Engiaeerinq Sor ices DATE: April 17, 2002 TIME OF COMPLETION (PART A): 425 Calendar Days CONSTRUCTION ESTIMATE: $1,686,230.00 ADDITIVE ALTERNATE $1 ESTXM1=: $66,088.50 Flour Bluff Estates Phase 1 -Area Street Improvements UNIT 1414 Corpus Bay, Corn Christi, UNIT Ltd. Products Road TX 78409 AMOUNT Corpus King -Isles, 1641 Goldston Christi, UNIT Inc. Road TX 78409 AMOUNT W.T. Young Box Corpus Christi UNIT PRICE Construction 9197 Co. -TX 78469 AM== $ Salinas Construction 3734 Pleasanton, UNIT PRICE FM 3006 TX 78064 AMOUNT DESCRIPTION QTY. PRICE PRICE A-1 Street Excavation 26,230 BY $ 8.00 $ 209,840.00 $ 15.00 $ 393,450.00 $ 6.00 $ 157,380.00 $ 6.82 $ 178,888.60 A-2 Soil -Cement Base 16,260 SY $ 5.00 $ 811300.00 $ 4.75 $ 77,235.00 $ 4.75 $ 77,235.00 $ 4.18 $ 67,966.80 A-3 6" Flex Base (Limestone) 13,500 SY $ 8.00 $ 108,000.00 $ 9.50 $ 128,250.00 $ 7.50 $ 101,250.00 $ 9.44 $ 127,440.00 A-4 Prime Coat @ 0.15 GAL/SY 2,024 GAL $ 3.00 $ 6,072.00 $ 1.75 $ 3,542.00 $ 1.95 $ 3,946.60 $ 1.99 $ 4,027.76 A-5 Surface Treatment 13,520 BY $ 2.50 $ 33,800.00 $ 2.25 $ 30,420.00 $ 2.10 $ 28,392.00 $ 1.49 $ 20,144.80 A-6 1 1/2" HMACP (Type D) 13,550 BY $ 7.00 $ 94,650.00 $ 4.50 $ 60,975.00 $ 4.75 $ 64,362.50 $ 4.52 $ 61,246.00 A-7 Concrete Curb Ramp 1,440 SF $ 15.00 $ 21,600.00 $ 20.00 $ 28,800.00 $ 17.25 $ 24,840.00 $ 7.17 $ 10,324.80 (Truncated Dome) A-8 Concrete Sidewalk 29,610 S£ $ 3.00 $ 88,830.00 $ 2.75 $ 81,427.50 $ 3.00 $ 88,830.00 $ 2.98 $ 88,237.80 A-9 Concrete Driveway 22,305 SF $ 5.00 $ 111,525.00 $ 4.75 $ 105,948.75 $ 4.25 $ 94,796.25 $ 4.47 $ 99,703.35 A-10 Type A Header Curb 1,124 LF $ 12.00 $ 13,488.00 $ 8.00 $ 8,992.00 $ 15.00 $ 16,860.00 $ 10.00 $ 11,240.00 A-11 Unanticipated Sidewalk 150 SF $ 1.00 $ 150.00 $ 1.50 $ 225.00 $ 1.40 $ 210.00 $ 1.00 $ 150.00 Removal A-12 Unanticipated Driveway 200 SF $ 1.00 $ 200.00 $ 2.00 $ 400.00 $ 2.30 $ 460.00 $ 2.00 $ 400.00 Removal A-13 Unanticipated Curb 90 LF $ 2.00 $ 180.00 $ 3.50 $ 315.00 $ 2.80 $ 252.00 $ 5.00 $ 450.00 Removal A-14 and Relocate 1,027 1 LF 1 $ 9.00 $ 9,243.00 $ 12.00 1 $ 12,324.00 $ 10.00 1 $ 10,270.00 $ 10.21 1 $ 10,485.67 FencRemoeve TABULATION Of BIDS DEPARTMENT OF ENGI2a3RING - CIPI OP CORPUS CHRISTI, T6701S TABULATED BY: 'Angel R. Escobar, P.B., Director Of Engineering Services DATE: April 17, 2002 TIME OF COMPLETION (PART A): 425 Calendar Days Page 2 of 9 CONSTRUCTION ESTIMATE: $1,686,230.00 ADDITIVE ALTERNATE #1 EST MM: $66,088.50 Flour Bluff Estates Bay, Ltd. King -Isles, Inc. W.T. Young Construction Co. # Salinas Construction Phase 1 -Area Street Improvements 1414 Corn Products Road 1641 Goldston Road Box 9197 3734 FM 3006 Corpus Christi, TX 78409 Corpus Christi, TX 78409 Corpus Christi, TX 78469 Pleasanton, TX 78064 DESCRIPTION QTT. UNIT UNIT AMOUNT UNIT AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PRICE PRICE A-15 Survey Monument 7 EA $ 50.00 $ 350.00 $ 150.00 $ 11050.00 $ 175.00 $ 1,225.00 $ 239.26 $ 1,674.62 A-16 Street Sign Assemblies 8 EA $ 400.00 $ 3,200.00 $ 350.00 $ 2,800.00 $ 520.00 $ 4,160.00 $ 300.00 $ 2,400.00 A-17 Ozone Day 4 DAY $ 500.00 $ 2,000.00 $ 100.00 $ 400.00 $ 300.00 $ 1,200.00 $ 11000.00 $ 4,000.00 A-18 Contaminated Soil 20 CY $ 100.00 $ 2,000.00 $ 75.00 $ 1,500.00 $ 45.00 $ 900.00 $ 25.00 $ 500.00 Removal PART A SUBTOTAL $ 786,628.00 $ 938,054.25 $ 676,569.55 $ 689,280.40 (STREET WORE): TABULATION OF ems DEPAR"daNT OF ZMMM UNG - CITY OF CORPUS CSRISTI, Ts7GS TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineering Services DATE: April 17, 2002 TndZ OF CONP=Cff (PART A): 425 Calendar Days Paas 3 of 9 OMMTRDCTION E8Tn81TE: $1,686,230.00 ADDITIVE ALTERNATE $1 ESTn01TE: $66,088.50 Flour Bluff Estates Phase 1 -Area Street Improvements DESCRIPTION QTY. OMIT Bay, Ltd. 1414 Corn Products Road Corpus Christi, TX 78409 UNIT ANDONT PRICE Xing -Isles, Inc. 1641 Goldston Road Corpus Christi, TX 78409 UNIT AMOUNT PRICE N.T. Young Construction Co. Box 9197 Corpus Christi, TX 78469 UNIT PRICE AMOUNT Salinas Construction 3734 FM 3006 Pleasanton TX 78064 UNIT PRICE AMOUNT S-1 Sidewalk Drain 7 EA $ 41.00 $ 287.00 $ 150.00 $ 11050.00 $ 240.00 $ 1,680.00 $ 175.00 $ 1,225.00 B-2 6" Curb and Gutter 9,310 LF $ 12.00 $ 111,720.00 $ 9.00 $ 83,790.00 $ 8.70 $ 80,997.00 $ 7.75 $ 72,152.50 B-3 18" RCP 472 LF $ 56.00 $ 26,432.00 $ 28.00 $ 13,216.00 $ 32.00 $ 15,104.00 $ 38.52 $ 18,181.44 B-4 24" RCP 688 LF $ 38.00 $ 26,144.00 $ 34.00 $ 23,392.00 $ 39.00 $ 26,832.00 $ 43.40 $ 29,859.20 B-5 30" RCP 860 LF $ 52.00 $ 44,720.00 $ 45.00 $ 38,700.00 $ 54.75 $ 47,085.00 $ 52.80 $ 45,408.00 B-6 36" RCP 364 LF $ 66.00 $ 24,024.00 $ 58.00 $ 21,112.00 $ 72.50 $ 26,390.00 $ 72.15 $ 26,262.60 B-7 42" RCP 322 IF $ 89.00 $ 28,656.00 $ 74.00 $ 23,828.00 $ 89.70 $ 28,883.40 $ 93.42 $ 30,081.24 B-8 48" RCP 6 LF $ 252.00 $ 1,512.00 $ 275.00 $ 1,650.00 $ 123.00 $ 738.00 $ 182.70 $ 1,096.20 B-9 S E T (18" RCP)(6:1) 1 EA $ 800.00 $ 800.00 $ 750.00 $ 750.00 $ 600.00 $ 600.00 $ 650.00 $ 650.00 B-10 S F, T (24" RCP)(6:1) 1 EA $ 900.00 $ 900.00 $ 950.00 $ 950.00 $ 1,265.00 $ 1,265.00 $ 750.00 $ 750.00 B-11 5' Curb Inlet 27 EA $ 1,700.00 $ 45,900.00 $ 2,100.00 $ 56,700.00 $ 1,900.00 $ 51,300.00 $ 2,245.00 $ 60,615.00 B-12 5' Curb Inlet Extension 2 EA $ 600.00 $ 1,200.00 $ 500.00 $ 11000.00 $ 552.00 $ 1,104,00 $ 800.00 $ 1,600.00 B-13 5' Curb Inlet (Special) 1 EA $ 2,300.00 $ 2,300.00 $ 3,500.00 $ 3,500.00 $ 2,020.00 $ 2,020.00 $ 3,050.00 $ 3,050.00 B-14 Type B Manhole 3 EA $ 3,500.00 $ 10,500.00 $ 3,750.00 $ 11,250.00 $ 4,775.00 $ 14,325.00 1 $ 3,486.89 1 $ 10,460.52 * Error in Bid TABULATION OF BIDS Page 4 of 9 DEPARTMENT OF ENOINEERINO - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.B., Director of Engineerinq Services CONSTRUCTION ESTIMATE: $1,686,230.00 DATE: April 17, 2002 TIME OF COMPLETION (PART A): 425 Calendar Daya ADDITIVE ALTERNATE $1 ESTIMATE: $66,088.50 Flour Bluff Estates Bay, Ltd. King -Isles, Inc. W.T. Young Construction Co. # Salinas Construction Phase 1 -Area Street Improvements 1414 Corn Products Road 1641 Goldston Road Box 9197 3734 FM 3006 r Corpus Christi, TX 78409 Corpus Christi, TX 78409 Corpus Christi, TX 78469 Pleasanton, TX 78064 EDESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT f PRICE PRICE B-15 Adjust Inlet/Manhole 4 EA $ 800.00 $ 3,200.00 $ 1,000.00 $ 4,000.00 $ 1,783.00 $ 7,132.00 $ 800.00 $ 3,200.00 8-16 Trench Safety for 2,712 LF $ 1.50 $ 4,068.00 $ 1.50 $ 4,068.00 $ 2.00 $ 5,358.00' $ 0.10 $ 271.20 F 1 Drainage 8-17 Erosion Control by Spot 2,080 SY $ 8.00 $ 16,640.00 $ 10.00 $ 20,800.00 $ 3.00 $ 6,240.00 $ 3.75 $ 7,800.00 Sodding 8-18 Silt Fence 950 LF $ 5.00 $ 4,750.00 $ 3.00 $ 2,850.00 $ 4.50 $ 4,275.00 $ 4.00 $ 3,800.00j 8-19 Trench Dewatering 700 LF $ 1.00 $ 700.00 $ 10.00 $ 7,000.00 $ 22.00 $ 15,400.00 $ 0.25 $ 175.00 (Drainage) B-20 Concrete Rip Rap 450 SF $ 4.00 $ 1,800.00 $ 75.00 $ 33,750.00 $ 6.20 S 2,790.00 $ 6.25 $ 2,812.50 PART B SUBTOTAL $ 356,255.00 $ 353,356.00 ' $ 339,518.40* $ 319,450.40 (DEQ IMPROVEMENTS): * Error in Bid TABULATION or SIDE DEPARTMENT or EN6n7&ERINO - CITY Or CORPUS CHRISTI, TEEAS TABULATED EY: 'Engel R. Escobar, P.E., Director of Engineering Servimx DATE: April 17, 2002 TIME Or COMPLETION (PART A): 425 Calendar Days Page 5 of 9 CONSTRUCTION ESTIMATE: $1,686,290.00 ADDITIVE ALTERNATE •1 ESTIMATE: $66,088.50 Flour Bluff Estates Phase 1 -Area Street Improvements DESCRIPTION QTY. UNIT Bay, Ltd. 1414 Corn Products Road Corpus Christi, TX 78409 UNIT AMOUNT PRICE King -Isles, Inc. 1641 Goldston Road Corpus Christi, TX 78409 REIT AMOUNT PRICE W.T. Young Construction Co. Box 9197 Corpus Christi TX 78469 UNIT PRICE AMOUNT S Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 UNIT PRICE AMOUNT C-1 8" Waterline 5,036 LF $ 22.00 $ 110,792.00 $ 14.00 $ 70,504.00 $ 26.50 $ 133,454.00 $ 14.72 $ 74,129.92 C-2 6" Waterline 20 LF $ 92.00 $ 1,840.00 $ 20.00 $ 400.00 $ 39.00 $ 780.00 $ 42.35 $ 847.00 C-3 45 Bend 6" 4 EA $ 200.00 $ 800.00 $ 275.00 $ 1,100.00 $ 210.00 $ 840.00 $ 159.07 $ 636.28 C-4 8x8 Tee 3 EA $ 220.00 $ 660.00 $ 300.00 $ 900.00 $ 340.00 $ 1,020.00 $ 247.65 $ 742.95 C-5 45 Bend 8" 56 EA $ 170.00 $ 9,520.00 $ 350.00 $ 19,600.00 $ 276.00 $ 15,456.00 $ 203.59 $ 11,401.04 C-6 11.25 Bend 8" 1 EA $ 170.00 $ 170.00 $ 225.00 $ 225.00 $ 276.00 $ 276.00 $ 195.00 $ 195.00 C-7 8x6 Reducer 3 EA $ 120.00 $ 360.00 $ 250.00 $ 750.00 $ 195.00 $ 585.00 $ 130.00 $ 390.00 C-6 8" Gate Valve w/ Box 9 EA $ 900.00 $ 81100.00 $ 11050.00 $ 9,450.00 $ 950.00 $ 8,550.00 $ 1,152.75 $ 10,374.75 C-9 6" Gate Valve w/ Box 1 EA $ 700.00 $ 700.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 11000.00 $ 1,000.00 C-10 Fire Hydrant Assembly w/ 11 EA $ 3,100.00 $ 34,100.00 $ 2,500.00 $ 27,500.00 $ 2,850.00 $ 31,350.00 $ 2,880.00 $ 31,680.00 8x6 Tee a 6" Gate Valve C-11 8x8 Tapping Sleeve 2 EA $ 1,700.00 $ 3,400.00 $ 2,200.00 $ 4,400.00 $ 1,794.00 $ 3,588.00 $ 2,100.00 $ 4,200.00 C-12 8x6 Tapping Sleeve 1 EA $ 1,300.00 $ 1,300.00 $ 1,900.00 $ 1,900.00 $ 1,450.00 $ 1,450.00 $ 1,700.00 $ 1,700.00 C-13 I" Water Service 123 EA $ 600.00 $ 73,800.00 $ 450.00 $ 55,350.00 $ 840.00 $ 103,320.00 $ 520.00 $ 63,960.00 C-14 Class II Pavement Repair 27 SY $ 62.00 $ 1,674.00 $ 75.00 $ 2,025.00 $ 25.00 $ 675.00 $ 21.50 $ 580.50 (Waterlines) TABULATED EY: 'Angel R. Escobar, P.E., Director of Engineering Eervioes DATE: April 17, 2002 TnZ OP COMPLETION (PART A): 425 Calendar Days Paas 6 of 9 CONSTRUCTION EBTnum: $1,686,230.00 ADDIT1vE ALTOE M •1 NOTD81TE: $66,088.50 Flour Bluff Estates Bay, Ltd. Xing -Isles, Inc. W.T. Young Construction Co. 4 Salinas Construction Phase 1 -Area Street Improvements 1414 Corn Products Road 1641 Goldston Road Box 9197 3734 FM 3006 Corpus Christi, TX 78409 Corpus Christi, TX 78409 Corpus Christi, TX 78469 Pleasanton, TX 78064 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT ANOINT UNIT PRICE AMOUNT UNIT PRICE ANOINT PRICE PRICE C-15 Trench Safety for 5,036 LF $ 1.00 $ 5,036.00 $ 0.50 $ 2,518.00 $ 1.00 $ 5,036.00 $ 0.10 $ 503.60 Waterline C-16 Water Utility Allowance 1 LS $ 51000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 51000.00 $ 51000.00 $ 5,000.00 PART C SUBTOTAL $ 257,252.00 $ 202,372.00 $ 312,130.00 $ 207,341.04 (MATERLn4EE): TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 17, 2002 TIDO; OF C@OR,ETION (PART A): 425 Calendar Days Page 7 of 9 CONSTRUCTION ESTn®TE: $1,666,230.00 ADDITIVE ALTERNATE #1 ESTn614E: $66,0$6.50 Flour Bluff Estates Phase 1 -Area Street Improvements DESCRIPTION QTY. UNIT Bay, Ltd. 1414 Corn Products Road Corpus Christi, TX 78409 UNIT AMOUNT PRICE King -Isles, Inc. 1641 Goldston Road Corpus Christi, TX 78409 UNIT AMOUNT PRICE W.T. Young Construction Co. Box 9197 Corpus Christi, TX 78469 UNIT PRICE AMOUNT # Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 UNIT PRICE ANDDBT D-1 8" Sanitary Sewer (6-8' 1,657 LF $ 30.00 $ 49,710.00 $ 18.00 $ 29,826.00 $ 32.75 $ 54,266.75 $ 13.34 $ 22,104.38 D-2 8" Sanitary Sewer (8-10' 1,339 LF $ 32.00 $ 42,848.00 $ 27.00 $ 36,153.00 $ 42.00 $ 56,238.00 $ 15.16 $ 20,299.24 Cut) D-3 8" Sanitary Sewer (10- 1,434 LF $ 38.00 $ 54,492.00 $ 38.00 $ 54,492.00 $ 61.50 $ 88,191.00 $ 18.15 $ 26,027.10 12' Cut) D-4 Sanitary Sewer Manhole 15 EA $ 3,500.00 $ 52,500.00 $ 3,200.00 $ 48,000.00 $ 2,520.00 $ 37,800.00 $ 2,505.40 $ 37,581.00 (Fiberglass) D-5 Extra Depth for Manhole 34 VF $ 150.00 $ 5,100.00 $ 300.00 $ 10,200.00 $ 436.00 $ 14,824.00 $ 203.45 $ 6,917.30 D-6 4" Sanitary Sewer 123 EA $ 700.00 $ 86,100.00 $ 575.00 $ 70,725.00 $ 940.00 $ 115,620.00 $ 490.00 S 60,270.00 Service Lines D-7 Trench Safety for 4,511 LF $ 2.10 $ 9,473.10 $ 2.50 $ 11,277.50 $ 5.00 $ 22,555.00 $ 0.10 $ 451.10 Sanitary Sewer Mains . D-8 Class II Pavement Repair 400 SY $ 40.00 $ 16,000.00 $ 30.00 $ 12,000.00 $ 25.00 $ 10,000.00 $ 21.50 $ 8,600.00 (San Sewer) D-9 Grout Fill Abandoned 4,370 LF $ 11.00 $ 48,070.00 $ 5.00 $ 21,850.00 $ 8.00 $ 34,960.00 $ 1.44 $ 6,292.80 Sewerlines D-10 Trench Dewatering (San 4,511 LF $ 1.00 $ 4,511.00 $ 7.50 $ 33,832.50 $ 15.00 $ 67,665.00 $ 0.25 $ 1,127.75 Sewer) D-11 Wastewater Utility 1 LS $ 51000.00 $ 5,000.00 $ 5,000.00 S 5,000.00 $ 5,000.00 $ 51000.00 $ 51000.00 $ 5,000.00 Allowance PART D SUBTOTAL BASE BID $ 373,904.10 $ 333,356.00 $ 507,119.75 $ 194,670.67 (surrrau seam �): TABULATION or BIDS DEPARTMENT or ENOnamaN6 - CITY or CORPUS CERISTI, Tmw TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 17, 2002 TIME OF COMPLBTION (PART A): 425 Calendar Days Page 8 of 9 CONSTRUCTION ESTIMATE: $1,686,230.00 ADDITIvE ALTERNATE #1 ESTIMATE: $66,088.50 Flour Bluff Estates Bay, Ltd. King -Isles, Inc. W.T. Young Construction Co. # Salinas Construction Phase 1 -Area Street Improvements 1414 Corn Products Road 1641 Goldston Road Box 9197 3734 FM 3006 Corpus Christi, TX 78409 Corpus .Christi, TX 78409 Corpus Christi, TX 78469 Pleasanton TX 78064 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PRICE PRICE Al -A1 Street Excavation 1,930 BY $ 3.50 $ 6,755.00 $ 7.50 $ 14,475.00 $ 6.00 $ 11,580.00 $ 2.33 $ 4,496.90 Al -A2 Soil -Cement Base 1,160 SY $ 4.10 $ 4,756.00 $ 4.75 $ 5,510.00 $ 4.75 $ 5,510.00 $ 4.18 $ 4,848.80 Al -A3 6" Flex Base (Limestone) 930 BY $ 7.80 $ 7,254.00 $ 9.50 $ 8,835.00 $ 7.50 $ 6,975.00 $ 9.44 $ 8,779.20 Al -A4 Prime Coat @ 0.15 GAL/SY 139 GAL $ 2.50 $ 347.50 S 1.75 $ 243.25 $ 2.00 $ 278.00 $ 1.99 $ 276.61 Al -A5 Surface Treatment 930 BY $ 2.18 $ 2,027.40 $ 2.25 $ 2,092.50 $ 2.10 $ 1,953.00 $ 1.49 $ 1,385.70 Al -A6 1 1/2" RMACP (Type D) 940 SY $ 5.40 $ 5,076.00 $ 4.50 $ 4,230.00 $ 4.75 $ 4,465.00 $ 4.52 $ 4,248.80 Al -A8 Concrete Sidewalk 2,570 SF $ 2.90 $ 7,453.00 $ 2.75 $ 7,067.50 $ 3.00 $ 7,710.00 $ 2.98 $ 7,658.60 Remove and Relocate 41-A14 178 LF $ 9.00 $ 1,602.00 $ 15.00 $ 2,670.00 $ 10.00 $ 1,780.00 $ 10.21 $ 1,817-.38 Fence 41-A15 Survey Monument 1 EA $ 50.00 $ 50.00 S 150.00 $ 150.00 $ 175.00 $ 175.00 $ 239.26 $ 239.26 %l -A16 Street Sign Assemblies 1 EA $ 380.00 $ 380.00 $ 350.00 $ 350.00 $ 520.00 $ 520.00 $ 300.00 $ 300.00 %I -A17 Ozone Day 1 DAY $ 340.00 $ 340.00 $ 100.00 $ 100.00 $ 300.00 $ 300.00 $ 11000.00 $ 1,000.00 Al -B2 6" Curb and Gutter 650 IF $ 11.70 $ 7,605.00 $ 9.00 $ 51850.00 $ 8.70 $ 51655.00 $ 7.75 $ 5,037.50 Al -B3 18" RCP 57 LF $ 41.00 $ 2,337.00 $ 35.00 $ 1,995.00 $ 32.00 $ 1,824.00 $ 38.52 $ 2,195.64 Al -B9 S E T (SS")(6:1) 1 EA $ 800.00 1 $ 800.00 1 $ 750.00 $ 750.00 1 S 600.00 1 $ 600.00 $ 650.00 1 $ 650.00 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: April 17, 2002 TIME OF COMPLETION (PART A): 425 Calendar Days Page 9 of 9 CONSTRUCTION ESTIMATE: $1,686,230.00 ADDITIVE ALTERNATE $1 ESTIMATE: $66,088.50 *Error in Bid $ Non responsive bid due to error in bid bond. Flour Bluff Estates Phase 1 -Area Street Improvements Bay, Ltd. 1414 Corn Products Road Corpus Christi, TX 78409 King -Isles, Inc. 1641 Goldston Road Cor us Christi, TX 78409 W.T. Corpus Young Construction Co. Box 9197 Christi, TX 78469 $ Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 DESCRIPTION (QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT PRICE AMOUNT UNIT MICE AMOUNT PRICE PRICE Al -B16 Trench Safety for 57 IF $ 1.00 $ 57.00 $ 1.00 $ 57.00 $ 2.00 $ 114.00 $ 0.10 $ 5.70 Drainage Al -B17 Erosion Control by Spot 245 SY $ 9.50 $ 2,327.50 $ 10.00 $ 2,450.00 $ 3.00 $ 735.00 $ 3.75 $ 918.75 Sodding Al -B18 Silt Fence 75 LF $ 5.30 $ 397.50 $ 4.00 $ 300.00 $ 4.50 $ 337.50 $ 4.00 $ 300.00 Al -B20 Concrete Rip Rap 330 SF $ 3.50 $ 11155.00 $ 7.50 $ 2,475.00 $ 6.20 $ 2,046.00 $ 6.25 $ 2,062.50 Al -B21 Grate Inlet 1 EA $ 1,500.00 S 11500.00 $ 11000.00 $ 1,000.00 $ 2,360.00 $ 2,360.00 $ 3,500.00 $ 3,500.00 PART AA TOTAL $ 52,219.90 $ 60,600.25 $ 54,917.50 $ 49,721.34 ADDITIVE ALTERNATIVE 1: PART A SUBTOTAL BASE BID (STREET WORK): $ 786,628.00 $ 938,054.25 $ 676,569.55 $ 689,280.40 PART B SUBTOTAL BASE BID (DRAINAGE IMPROVEMENTS): $ 356,255.00 $ 353,356.00 $ 339,518.40* $ 319,450.40 PART C SUBTOTAL BASE BID (WATERLINES): $ 257,252.00 $ 202,372.00 $ 312,130.00 $ 207,341.04 PART D SUBTOTAL BASE BID (SANITARY SEWER IMPROVEMENTS): $ 373,804.10 $ 333,356.00 $ 507,119.75 $ 194,670.67 TOTAL BASE BID: $ 1,773,939.10 $1,827,138.26 $1,835,337.70* $1,410,742.51 PART AA TOTAL ADDITIVE ALTERNATIVE 1: $ 52,219.90 $ 60,600.25 $ 54,917.50 $ 49,721.34 *Error in Bid $ Non responsive bid due to error in bid bond. 1111111101110111 11111111111111111 \ Mproject \ councilexh i bits \ exh 6122. dwg CORPUS CHRISTI BAY IA t I PROJECT LOCATION CD 04 U, L 11111 I1II111111 liii II'I'I 1 1111110 11111111 11111111111100 1111111111111111 1111x1 01110 001 111 11111 LAGUNA MADRE PROJECT SITE LAKESIDE DR. 01111o1111111 41°10 an" '- ameee oe liP ui un.io e wil eta vmina" .• • CIP PROJECT No. 6122 aeeeeeve eveaven eeedevoe �ves�=MB O -ov S.P.I.D. I e FLOUR. BLUFF AREA STREET IMPROVEMENTS PHASE I CITY OF CORPUS CHRISTI, TEXAS VICINITY MAP NOT TO SCALE EXHIBIT 'D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/18/02 ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAYS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: FLOUR BLUFF AREA STREET IMPROVEMENTS, PHASE 1 AS FOLLOWS: Scotland Street from N.A.S. Drive to Jane Street Webb Street from N.A.S. Drive to Jane Street Claride Street from N.A.S. Drive to Mounts Street Jane Street from Jester Street to Claride Street Mounts Street from Claride Street to Lakeside Drive IMPOSING ASSESSMENTS TOTALING $251,224.35 AGAINST PROPERTY ABUTTING THE IMPROVEMENTS, AFFECTED RAILWAYS, AND PROPERTY AND RAILWAY OWNERS; FIXING CORRESPONDING LIENS ON PROPERTY AND CHARGES AGAINST PROPERTY OWNERS; PROVIDING FOR SUBSEQUENT ADJUSTMENT OF ASSESSMENT AMOUNTS AND THE CORRESPONDING LIENS AND CHARGES BASED ON AS -BUILT CONDITIONS; SPECIFYING ASSESSMENT PAYMENT TERMS AND LIEN ENFORCEMENT MEASURES; AND DECLARING AN EMERGENCY. In its Resolution No.024864, passed on May 14, 2002, the city council determined that it was necessary to improve and ordered the improvement of the following highways in Corpus Christi, Nueces County, Texas: Scotland Street from N.A.S. Drive to Jane Street Webb Street from N.A.S. Drive to Jane Street Claride Street from N.A.S. Drive to Mounts Street Jane Street from Jester Street to Claride Street Mounts Street from Claride Street to Lakeside Drive (collectively, the "Flour Bluff Area Street Improvements, Phase 1, Project ") (the "Project "). In that resolution, the city council also noted that street, curb, gutter, and sidewalk improvements were to be paid for partly by the city and partly by assessments. Driveway improvements were to be paid for entirely by assessments. On November 26, 1996, the city council passed Resolution No. 022767, which specified rules which apply to the city street improvement assessment process (the "Assessment Process Rules Resolution "). These rules concerned assessment hearing notice and the assessment hearing itself. E:\LEG -DIR \john\ ORDINANCE \ Close Pub. Erg. Flour Bluff St. Imprvmts..wpd In Resolution No.024865, passed on May 14, 2002, the city council scheduled a public hearing on proposed assessments for the Flour Bluff Area Street Improvements, Phase 1, Project. The city council directed that hearing notice be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the following dates: May 27, 2002, June 3, 2002, and June 10, 2002. Written notice was sent via certified mail to owners of property abutting the proposed improvements, and owners of affected railways, if any, on June 6, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the June 25, 2002 city council meeting, a public hearing was held concerning proposed assessments for the Flour Bluff Area Street Improvements, Phase 1, Project. The city council considered: A. written testimony by the city's director of engineering services and a city- retained real estate appraiser. A copy of the city engineer's statement and the appraiser's written testimony is attached as Exhibit A; B. testimony, if any, by owners of property abutting the proposed improvements and their representatives; C. testimony, if any, by owners of affected railways and their representatives; D. additional testimony, if any, by the director of engineering services, other members of city staff, and a city- retained real estate appraiser; and E. other testimony and evidence, if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements and for affected railway property, if any, are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code ") Section 49 -2 1 and Texas Transportation Code Chapter 313. The front -foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the city council has applied special rates or made other equitable adjustments to the assessments, all considering the: A. special benefit the property and the owner receive in enhanced value to the property; HALEG -DIR \john \ORDINANCE \Close Pub. Hrg. Flour Bluff St. Imprvmts..wpd 2 B. equities of the owners; and C. adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The city council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal liability and charge against the property owner. This includes any property which is in the area between, under, or extending two feet outside a railway's tracks, double tracks, turn outs, or switches. SECTION 5. The director of engineering services or his designee is authorized to adjust these assessments and the corresponding liens and charges without further city council action if it is determined after completion of the proposed improvements that the amount of property actually improved is either greater or less than the amount utilized for purposes of calculating the assessment. Under those circumstances, an adjustment may be made to ensure that the assessment for each property corresponds to as -built conditions. The adjustment will be made using the same assessment method (front -foot rule, special rate, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will not be substantial in nature. Thus, they will not trigger any statutory requirement for the city council to hold a new assessment hearing to impose revised assessments. SECTION 6. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public hearing. All protests against or objections to the assessments or to the contract for the improvements, other than as reflected in Exhibit B, are denied. SECTION 7. In accordance with Corpus Christi Code Section 49 -21, a property owner may pay an assessment as follows: A. Any property owner against whom and against whose property an assessment has been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvements by the city. H: \LEG -DIR \john \ORDINANCE\Close Pub. Erg. Flour Bluff St. lmprvmts..wpd 3 B. Alternatively, an assessment may be paid in 120 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. Installments and accrued interest will be due each month thereafter until the assessment is paid. C. Alternatively, an assessment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater of: A. eight (8) percent per annum; or B. the interest rate paid by the city on its most recently issued general obligation bonds. Assessment installments may be paid at any time before maturity by paying the principal and accrued interest. If a property owner does not timely pay an assessment indebtedness or any part thereof, then the whole indebtedness remaining unpaid will, at the option of the city, immediately mature and become payable without notice, demand, or presentment for payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from May 14, 2002, the date when the Corpus Christi City Council ordered the Flour Bluff Area Street Improvements, Phase 1, Project. SECTION 10. A lien against property or the personal liability of a property owner that arises from an assessment under this ordinance may be enforced by suit or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expenses of collection, and reasonable attorneys' fees. SECTION 11. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency because of the need for immediate action necessary for the efficient and effective administration of city affairs, such finding of an emergency is made and declared requiring suspension of the charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first H:LLEG -DIR \john \ORDINANCEEClose Pub. Hrg. Flour Bluff St Imprvmts..wpd 4 reading as an emergency measure this the day of , 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO FORM THE c90 DAY OF 3Q tl%F 2002 JAMES R. BRAY JR., CITY ATTORNEY By: e P. Burke, Jr. stant City Attorney H:\LEG- MR\john \ORDINANCE \Close Pub. Hrg. Flour Sluff St. Imprvmis..wpd 5 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, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott H:\LEG- DIR\john \ORDINANCE \Close Pub. Hrg. Flour Bluff St. Imprvmts..wpd 6 CITY ENGINEER'S STATEMENT FLOUR BLUFF AREA STREET IMPROVEMENTS, PHASE 1 • Scotland Street from N. A. S. Drive to Jane Street • Webb Street from N. A. S. Drive to Jane Street • Claride Street from N. A. S. Drive to Mounts Street • Jane Street from Jester Street to Claride Street • Mounts Street from Claride Street to Lakeside Drive My name is Angel R. Escobar. I am the City Engineer for the City of Corpus Christi and have served in this capacity for the last 26 months and as Assistant City Engineer for the last one hundred twenty months (120) months. I am a Professional Engineer, licensed by the State of Texas since 1977. I have over 24 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: • Scotland Street from N. A. S. Drive to Jane Street • Webb Street from N. A. S. Drive to Jane Street • Claride Street from N. A. S. Drive to Mounts Street • Jane Street from Jester Street to Claride Street • Mounts Street from Claride Street to Lakeside Drive The project consists of reconstructing approximately 5,000 linear feet of 28 -foot back - to-back street including limestone base; prime; hot mix asphaltic concrete (HMAC) pavement; curb and gutter, sidewalks and driveways; upgrading the existing storm drainage; replacing the water line; and replacing the existing sanitary sewer. Limits of the work will be as follows: • Scotland Street from N. A. S. Drive to Jane Street • Webb Street from N. A. S. Drive to Jane Street • Claride Street from N. A. S. Drive to Mounts Street • Jane Street from Jester Street to Claride Street • Mounts Street from Claride Street to Lakeside Drive Funds to finance the project are available in the FY 2000 -2001 and FY 2001 -2002 Community Development Block Grant (CDBG) Program and from Water, Wastewater, and Storm Water Capital Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and it compared favorably with the bids received. In my opinion, the costs are true and accurate. This project is estimated to start in July 2002 with completion in August 2003. AAel `Escobar, P.E. irector of Engineering Services H: HOMEWWELMAR\GEMSTREEF8I22 FLOUR BLUFF PH I\CONSTRUCTION\ENGINEER STATEMENT EXHIBIT "A" GEORGE N. PARASKEVAS REALTORS EVERHART PATIO PLAZA 0440 EVERHART CORPUS CHRISTI TEXAS 78411 May 21, 2002 PRELIMINARY ASSESSMENT ROLL, FLOUR BLUFF, PHASE I Claride Street, NM Drive to Moob Drive Webb Drive, NM Drive to Lagoa Madre Sewage Disposal Plaat Scot land Drive, NM Drive to Jame Street Jan Street, Jester Street to Claride Street Moab Drive, amide Street to Lakeside Drive My name is George N Paraskevas and I am a State Certified Residential appraiser and have been evaluating property and practicing real estate in the Corpus Christi area since 1971. I have experience in appraising both commercial and residential properties, and I am familiar with the real estate market in Corpus Christi. I am familiar with the Flour Bluff; Phase 1 Street Improvements. I agree with Mr. Jeff Barroso's description of the conditions to be changed and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally examined each of the 126 parcels of land therein. In my opinion each such parcel will be specifically benefited by each improvement to be assessed against it without regard to the community benefit. In addition, it is my opinion that each such parcel will be specially enhanced by such improvement at least to the extent of the assessment stated. Thank you, George N Paraskevas Appraiser OFFICE (512) 992-2541 Preliminary Assessment Roll - Flour Bluff, Phase I: Chide St. - N.A.S. Dr. to Mounts Dr. Webb Dr. - N.A. S. Dr. to Laguna Madre Sewage Disposal Plant Scotland Dr. - N.A.S. Dr. to Jane St. Jane St. - Jester SL to Claride St. Revised May 1, 2002 Page 1 EXHIBIT "B" w Atw �t ty iggT^7 nt,ltt li{ n :',.ill i lit 'Total Mount Begin Clarlde St. - South Side From N.A.S. Dr. to Mounts Dr. 001 Kenneth Dale and OneIse Williams 150.00 L.F. C.G. & Pvmt. Front @ $19.50 = $2,925.00 537 Clarlde St. #1 20.00 L.F. C.G. & Pvmt. Side @ $19.50 = $390.00 Corpus Christi, TX 78418 690.00 S.F. SM Front (5') @ $1.00 = $690.00 801 Waldron Rd. @ Ciaride St. 100.00 S.F. S/W Side (5') @ $1.00 = $100.00 Lot 3, Block 7 165.00 S.F. DM 1 -12' @ $5.40 = $891.00 Flour Bluff Estates No.2 0.00 S.F. DM @ $5.40 = $0.00 2487 -0007 -0030 _ $4,996.00 B -3 002 Kenneth D. Williams, Sr, et ux 55.00 L.F. C.G. & Pvmt. Front ® $9.75 = $536.25 537 Clarlde St. #1 0.00 L.F. C.G. & Pvmt. © $9.75 = $0.00 Corpus Christi, TX 78418 86.25 S.F. S/W Front (5') @ $1.00 = $86.25 537 Claride St 0.00 S.F. S/W @ $1.00 = $0.00 Lots 4A, Block 7 305.50 S.F. DM/ 1 -21.5' @ $5.40 = $1,649.70 Flour Bluff Estates No. 2 98.00 S.F. DM/ 1 -18' (Portion [611) @ $5.40 = $518.40 2487-0007.0040 $2,790.60 R -1B 003 Kenneth D. Williams, Sr., et ux 70.00 L.F. C.G. & Pvmt. Front @ $9.75 = $682.50 537 Clarlde St. #1 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, DC 78418 182.00 S.F. 5/W Front @ $1.00 = $182.00 533 Clarlde St. 0.00 S.F. SAN @ $1.00 = $0.00 Lot 4B, Block 7 154.00 S.F. 0/W 1 -18' (Portion [121) @ $5.40 = $831.60 Flour Bluff Estates No. 2 160.00 S.F. D/W 1 -22' @ $5.40 = $864.00 2487 -0007 -0044 $2,560.10 R -1B 004 Kenneth D. Williams, Sr., et ux 65.00 L.F. C.G. & Pvmt. Front @ $9.75 = $633.75 537 Clarde St. #1 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 - 222.00 S.F. SM/ Front @ $1.00 = $222.00 525 Clarlde St. 0.00 S.F. SM @ $1.00 = $0.00 Lot 4C, Block 7 124.00 S.F. D/W 1 -22' @ $5.40 = $669.60 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0007 -0048 $1,525.35 R -1B 005 Gus Mantis 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 4902 Everhart Rd. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78411 160.00 S.F. S/W Front @ $1.00 = $160.00 519 Clarlde St. 0.00 S.F. SM @ $1.00 = $0.00 W/2 Lot 6, Block 7 145.00 S.F. DM/ 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487- 0007 -0065 $1.430.50 R -1 B 006 Edward Hernandez Vargas, at ux 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 511 amide St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, DC 78418 160.00 S.F. SM/ Front @ $1.00 = $160.00 Clarlde St. 0.00 S.F. SM @ $1.00 = $0.00 E/2 Lot 6, Block 7 145.00 S.F. DM 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 ' 0.00 S.F. DMl @ $5.40 = $0.00 2487 -0007 -0060 $1.430.50 R -1B 007 Edward Hernandez Vargas, at ux 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 511 Clarlde St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. SM Front @ $1.00 = $160.00 511 Clarlde St. 0.00 S.F. SM/ @ $1.00 = $0.00 W/2 Lot 7, Block 7 0.00 S.F. DM/ @ $5.40 = $0.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487-0007 -0075 $647.50 R -1 B Page 1 EXHIBIT "B" Prbliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 008 cod Lewis White, crux ' I I 509 Chadds St. Corpus Christi, TX 78418 509 Claride St. E/2 Lot 7, Block 7 Flour Bluff Estates No.2 2487 -0007 -0070 R -1B 50.00 0.00 160.00 0.00 145.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. S/W Front S/W D/W 1 -10' D/W @ @ @ @ @ @ $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $160.00 $0.00 $783.00 ,fQ.-Q4 $1,430.50 009 Matthew J. McGrath 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 P.O. Box 30055 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Las Vegas, NV 89173 152.00 S.F. 8/W Front @ $1.00 = $152.00 505 Claride St. 0.00 S.F. S/W @ $1.00 = $0.00 W/2 Lot 8, Block 7 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0007 -0080 $1.552.10 R•1 B 010 Richard E. and Lahoma V. Marlin 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 501 Claride St. 0.00 L.F. C.G. & PvmL @ $9.75 = $0.00 Corpus Christi, IX 78418 152.00 S.F. S/W Front @ $1.00 = $152.00 501 Clarlde St. 0.00 S.F. SIW @ $1.00 = • $0.00 E/2 Lot 8, Block 7 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487-0007-0085 $1,552.10 R -1B 011 Salvador Soto 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = " $487.50 433 Claride St. 0.00 L.F. C.G. & Pvmt. @ -$9.75 = $0.00 Corpus Christi, TX 78418 120.00 S.F. 8/W Front - @ $1.00 = $120.00 433 Clarlde St. 0.00 S.F. S/W © $1.00 = $0.00. W/2 Lot 9, Block 7 240.00 S.F. DM 1 -20' @ $5.40 = $1,296.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0007 -0090 $1,903.50 R -1B 012 Salvador Soto 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 433 Claride St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, DC 78418 200.00 S.F. S/W Front @ $1.00 = $200.00 433 Claride St. 0.00 S.F. SNV @ $1.00 = $0.00 E/2 Lot 9, Block 7 0.00 S.F. 01W @ $5.40 = $0.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487-0007 -0095 $687.50 R -16 013 Edward E. and Carolyn Carlisle 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 431 Glands St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 152.00 S.F. S/W Front @ $1.00 = $152.00 431 Claride St. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 10A, Block 7 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. DNV @ $5.40 = $0.00 2487 -0007 -0105 $1 552.10 R -1B 014 Elda Etal Rogers 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 P.O. Box 690167 0.00 L.F. C.G. & Pvmt. Y @ $9.75 = $0.00 Houston, TX 77269 -0167 152.00 S.F. S/W Front @ $1.00 = $152.00 429 Claride St. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 10B, Block 7 169.00 S.F. 0/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. DNV @ $5.40 = $0.00 2487 -0007 -0100 - $1,552.10 R -1B 015 Oscar G. Rodriguez 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 9413 Waxwing 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. S/W Front @ $1.00 = $160.00 425 Clarlde St. 0.00 S.F. SIW @ $1.00 = $0.00 Lot 11A, Block 7 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/ W @ $5.40 = $0.00 2487 -0007 -0115 $1,430.50 R -1 B Page 2 Preliminary Assessment Roll - Flour Bluff, Phase I 016 Preston Mcfanny, Sr., at ux 423 deride St. Corpus Christi, TX 78418 423 Clarlde St. E/2 Lot 11, Block 7 Flour Bluff Estates No. 2 2487 -0007 -0110 R -1B 50.00 L.F. C.G. & Pvmt Front @ $9.75 = $487.50 0.00 L.F. C.O. & Pvmt. . @ $9.75 = $0.00 104.00 S.F. SM' Front 0 $1.00 = $104.00 0.00 S.F. SNV 0 $1.00 = $0.00 300.50 S.F. DM 1 -24' 0 $5.40 = $1,622.70 0.00 S.F. D/W @ $5.40 = DM $2,214.20 017 Domingo Maze - P.O. Box 7877 Corpus Christi, TX 78467 -7877 417 Clarlde SL W/2 Lot 12 Block 7 Flour Bluff Estates No. 2 2487 -0007 -0120 R -1B 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 152.00 S.F. SIW Front 0 $1.00 = $152.00 0.00 S.F. SNV @ $1.00 = $0.00 156.50 S.F. DM 1 -12' 0 $5.40 = $845.10 0.00 S.F. DIW 0 $5.40 = ,$0 QQ *1,484,60 018 David Leon Broyles 413 Claride St. Corpus Christ, TX 78418 413 Clarlde St. W/2 Lot 13A, Block 7 Flour Bluff Estates No. 2 2487 -0007 -0125 R -1 B 50.00 L.F. C.G. & Pvml. Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 92.00 S.F. SNV Front @ $1.00 = $92.00 0.00 S.F. SIW @ $1.00 = $0.00 349.00 S.F. D/W 1 -27' 0 $5.40 = $1,884.60 0.00 S.F. D/W 0 $5.40 = $o.00 $2.464.10 019 Andrew L. Porter, at ux 409 Claride St. Corpus Christi, TX 78418 409 Claride SL Lot 13C, Block 7 Flour Bluff Estates No. 2 2487 -0007 -0128 R -1 B 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 120.00 S.F. SNV Front 0 $1.00 = $120.00 0.00 S.F. SNV 0 $1.00 = $0.00 145.00 S.F. DM 1.20' 0 $5.40 = $783.00 0.00 S.F. DM 0 $5.40 = 0. 0 $1,390.50 020 Uoyd F. Stoup 721 N.A.S. Dr. Corpus Christi, TX 78418 405 Clarlde St. Lot 13B, Block 7 Flour Bluff Estates No. 2 2487.0007 -0135 R -1B - 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 136.00 S.F. SNV Front @ $1.00 = $136.00 0.00 S.F. SNV @ $1.00 = $0.00 217.00 S.F. DM 1 -16' 0 $5.40 = $1,171.80 0.00 S.F. DM 0 $5.40 = $0.00 51.795.30 021 Ronda! E. Tweedy 401 Claride St. Corpus Christi, TX 78418 401 Claride St. Lot 14, Block 7 Flour Bluff Estates No. 2 2487 -0007 -0140 R -16 120.00 L.F. C.G. & Pvmt. Front @ $9.75 = $1,170.00 145.00 L.F. C.G. & Pvmt. Side @ $4.88 = $707.60 312.00 S.F. SIW Front 0 $1.00 _ $312.00 580.00 S.F. SNV Side @ $0.50 = $290.00 289.00 S.F. DM 1 -22' 0 $5.40 = $1.560.60 0.00 S.F. DNV 0 $5.40 _ $0.00 $4,040.20 Mounts Dr. Intersection End Claride St. - South Side Begin Claride St. - North Side From Jane St. to N.A.S. Dr. - 022 Michelle Elaine Edmunds do Hilda Castillo Wilkinson 402 Claride St. Corpus Christi, TX 78418 402 Claride St. Lot 17A, Block 8 Flour Bluff Estates No. 2 2487.0008 -0170 R -1B 57.50 L.F. C.G. & Pvmt. Front 0 $9.75 = $560.63 181.50 L.F. C.G. & Pvmt. Side @ $4.88 = $885.72 152.56 S.F. SNV Front @ $1.00 = $152.56 684.56 S.F. SAN Side @ $0.50 = $342.28 241.00 S.F. D/W 1 -18' 0 $5.40 = $1,301.40 0.00 S.F. D/W @ $5.40 = $0.00 $3,242.58 Page 3 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 Uri( 023 John M. Hansard 50.00 L.F. C.G. & Pvrnt Front 6 $9.75 = $487.50 235 Crockett Blvd., 115 0.00 L.F. C.G. & Pvmt. @ $9.75 = 50.00 Merritt Island, FL 32953 124.00 S.F. S/W Front 0 $1.00 = $124.00 410 Clarlde St. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 17B, Block 8 241.00 S.F. D/W 1 -16' C $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. DIW C $5.40 = $0.02 2487 -0008 -0171 ;1,912.90 R -1B 024 Rita Gonzales 50.00 L.F. C.G. & Pvmt Front C $9.75 = $487.50 1941 Flour Bluff Dr. 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 Corpus Christi, TX 78418 128.00 S.F. 5/W Front @ $1.00 = $128.00 414 Clarlde St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 18A, Block 8 241.00 S.F. D/W1 -18' C $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. DNV C $5.40 = $0.00 2487-0008 -0180 $1.916.90 R -1B, 025 Eugene M. Reed, Ill, et ux 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 18735 Highland Trail 0.00 L.F. C.G. & Pvmt. @. $9.75 = $0.00 Houston, TX 77084 136.00 S.F. SIN Front @ $1.00 = $136.00 418 Claride St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 19A, Block 8 313.00 S.F. D/W 1 -16' @ $5.40 = $1,690.20 Flour Bluff Estates No. 2 0.00 S.F. 0/W © $5.40 = $0.00 5487 -0008 -0191 $2,313.70 R -1B 026 Shirley Stewart 50.00 L.F. C.G. & Pvmt. Front at $9.75 = $487.50 422 Gladder St. 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 Corpus Christi, TX 78418 136.00 S.F. S/W Front © $1.00 = $136.00 422 Claride St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 19B, Block 8 217.00 S.F. DNV 1 -16' @ $5.40 = $1,171.80 Flour Bluff Estates No. 2 0.00 S.F. D/W C $5.40 = $0.00 2487 -0008 -0190 - $1,795.30 R -1 B 027 William R. Stewart 50.00 L.F. C.G. & Pvmt Front @ $9.75 = $487.50 P.O. Box 271490 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78427 128.00 S.F. MI Front n $1.00 = $128.00 426 Clarlde St. 0.00 S.F. S/W © $1.00 = $0.00 Lot 20A, Block 8 241.00 S.F. DNV 1 -18' @ $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. 01W C $5.40 = $0.00 2487 -0008 -0200 $1,916.90 R -1B 028 Benjamin F. Bentnrp 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 295 Leonard St. 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 Jacksonville, NC 28540 128.00 S.F. S/W Front @ $1.00 = $128.00 430 Clarlde St. 0.00 S.F. SNV @ $1.00 = $0.00 Lot 20B, Block 8 241.00 S.F. DM 1 -18' C $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. D/W © $5.40 = $0.00 2487 -0008 -0201 $1,916.90 R -1B 029 Anna Russell 50.00 L.F. C.G. & Pvmt. Front C $9.75 = $487.50 3912 Longstraw Dr. 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 Fort Worth, TX 76137 128.00 S.F. S/W Front @ $1.00 = $128.00 438 Clarlde St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 21A, Block 8 241.00 S.F. DNV 1 -18' C $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. D/W C $5.40 = $0.00 2487 -0008 -0211 $1.916.90 R -1B 030 Anna Russell - 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 3912 Longstraw Dr. 0.00 L.F. C.G. & Pvmt. C $9.75 _. $0.00 Fort Worth, TX 76137 128.00 S.F. S/W Front C $1.00 = $128.00 438 Claride St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 218, Block 8 241.00 S.F. D/W 1 -18' @ $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = KLAN, 2487 -0008 -0211 0,916.90 R -1B Page 4 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 ��ppT -!i 3 r. '3r •y `. -n , e.1∎1i 7�•i,,., v;L o c J.. .. ... - '3:` ., �i� li -.•,; : >Y� 1 � h`4 �'�F >i : , 1,_. 4,, 4Jrfd to .. r'. -:i..4 +.' ..y11 ii il 031 Donna K Bristow 50.00 L.F. C.G. & Pvmt Front 0 $9.75 = $487.50 502 Claride St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 128.00 S.F. SNV Front C $1.00 = $128.00 502 Claride St 0.00 S.F. S/W @ $1.00 = $0.00 Lot 22A, Block 8 241.00 S.F. D/W 1.18' @ $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = s0.00 2487 -0008 -0220 $1.916.90 R -1B 032 Ronald Phelps, et ux 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 _ 506 Claride St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, 7X 78418 136.00 S.F. SNV Front @ $1.00 = $136.00 506 Clarlde St 0.00 S.F. S/W @ $1.00 = $0.00 Lot 228, Block 8 217.00 S.F. D/W 1 -16' @ $5.40 = $1,171.80 Flour Bluff Estates No. 2 0.00 S.F. DIW @ $5.40 = $0.00 2487 -0008-0221 - $1,795.30 R -1B 033 Joe L Canales, et ux 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 510 Claride St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 156.00 S.F. SNV Front @ $1.00 = $156.00 510 Clarlde St. 0.00 S.F. 5/W @ $1.00 = $0.00 Lot 23A, Block 8 157.00 S.F. D/W 1 -11' @ $5.40 = $847.80 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.W 2487 -0008-0230 $1,491.30 R -1B 034 John W. Lee 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 514 Claride St. 0.00 L.F. C.G. & Pvmt 0 $9.75 = $0.00 Corpus Christi, TX 78418 128.00 S.F. SNV Front @ $1.00 = $128.00 514 Claride St. 0.00 S.F. 5/W @ $1.00 = $0.00 Lot 238, Block 8 241.00 S.F. D/W 1 -18' 0 $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. 0/W @ $5.40 = $0.00 2487 -0008 -0235 $1,916.90 R -1B 035 Frank Aranda, et ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 518 Claride St. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 128.00 S.F. SAN Front 0 $1.00 = $128.00 518 Claride St. 0.00 S.F. 5/W 0 $1.00 = $0.00 Lot 24A, Block 8 241.00 S.F. DNV 1 -18' 0 $5.40 = $1,301.40 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 2487 -0008 -0240 $1.916.90 R -1B 036 Mary Lou Medrick 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 do Paul and Mary Braley 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 526 Claride St. 128.00 S.F. SAN Front 0 $1.00 = $128.00 Corpus Christi, DC 78418 0.00 S.F. S/W 0 $1.00 = $0.00 526 Clarlde St. 241.00 S.F. D/W 1.18' @ $5.40 = $1,301.40 Lot 2413, Block 8 0.00 S.F. DM @ $5.40 = $0.00 Flour Bluff Estates No. 2 $1,916.90 2487 -0008 -0241 R -1B 037 June Schoen 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 905 Waldron Rd. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, DC 78418 120.00 S.F. S/W Front @ $1.00 = $120.00 528 Claride St. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 25A, Block 8 - 244.00 S.F. DM/ 1 -18' 0 $5.40 = $1,317.60 Flour Bluff Estates No. 2 0.00 S.F. DAN @ $5.40 = $0.00 2487 -0008 -0250 - $1,925.10 R -1B 038 June Schoen 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 905 Waldron Rd. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 132.00 S.F. SNV Front 0 $1.00 = $132.00 526 Claride St. 0.00 S.F. SM @ $1.00 = $0.00 Lot 25B, Block 8 229.00 S.F. D/W 1 -17' 0 $5.40 = $1,236.60 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 2487 -0008 -0251 $1,856.10 R -18 Page 5 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 039 Ronnie E. Brown c"o Cecil Lee 534 Cladde St. Corpus Christi, TX 78418 534 Clarlde St. Lot 2$A, Block 8 Flour Bluff Estates No. 2 2487 -0008-0280 R -1B tai ill .,:.�.. Ounl.. 50.00 L.F. C.G. & Pvmt. Front a $9.75 = $487.50 0.00 L.F. C.G. & Pvmt, a $9.75 = $0.00 160.00 S.F. S/W Front © $1.00 = $160.00 0.00 S.F. SNV Q $1.00 = $0.00 132.50 S.F. DM 1 -10' Q $5.40 = $715.50 0.00 S.F. DM Q $5.40 = NM $1.383.00 040 Wilson Marital Trust Share %Loyd F. and Aurora G. Staup 721 HAS. Dr. Corpus Christi, TX 78418 721 N.A.S. Dr. C Claride St. (F &T Body Shop) Lot 26B, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0265 B-3 191.00 L.F. C.G. & Pvmt. Front C $19.50 = $3,724.50 216.00 L.F. C.G. & Pvmt. Side © $19.50 = $4,212.00 595.00 S.F. S/W Front C $1.00 = $595.00 125.00 S.F. SNV Side C $1.00 = $125.00 441.00 S.F. D/W 1 -26' C $5.40 = $2,381.40 0.00 S.F. DNV Q $5.40 = $9.00 $11.037.90 N.A.S. Dr. Intersection End Mande St. - North Side Begin Webb Dr. - South Side From NA.S: Dr. to Jane St. 041 Herbert H. Forbus 4122 Montego Corpus Christi, TX 78411 543 Webb Dr. © N.A.S. Dr. Lot 6, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0060 B-3 128.00 L.F. C.G. & Pvmt. Front @ $19.50 = $2,496.00 0.00 L.F. C.G. & Pvmt. Q $9.75 = $0.00 512.00 S.F. S/W Front C $1.00 = $512.00 0.00 S.F. 5/W Q $1.00 = $0.00 169.00 S.F. DIW 1 -12' Q $5.40 = $912.60 0.00 S.F. DM Q $5.40 = $0.00 $3.920.60 042 Margie Griffith 536 Webb Dr. Corpus Christi, TX 78418 539 Webb Dr. Lot 7, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0070 R -1 B 90.00 L.F. C.G. & Pvmt. Front Q $9.75 = $877.50 0.00 L.F. C.G. & PvmL Q $9.75 = $0.00 268.00 S.F. S/W Front Q $1.00 = $268.00 0.00 S.F. SNV Q $1.00 = $0.00 301.00 S.F. D/W 1 -23' Q $5.40 = $1,625.40 0.00 S.F. D/W Q $5.40 = $0.00 $2,770.90 043 Annie L. Poldrack 533 Webb Dr. Corpus Christi, 7X 78418 533 Webb Dr. Lot 8A, Block 8 Flour Bluff Estates No. 2 - 2487 -0008.0085 R -1 B 50.00 L.F. C.G. & Pvmt. Front C $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 156.00 S.F. SNV Front Q $1.00 = $156.00 0.00 S.F. S/W CO $1.00 = $0.00 157.00 S.F. D/W 1 -11' Q $5.40 = $847.80 0.00 S.F. DM Q $5.40 = $0.90 $1.491.30 044 Nueces County Trustee Nueces County Courthouse 901 Leopard Corpus Christi, DC 78401 5441 Webb Dr. Lot 8B, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0080 R -0B 50.00 L.F. C.G. & PvmL Front C $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 200.00 S.F. S/W Front C $1.00 = $200.00 0.00 S.F. SNV Q $1.00 = $0.00 0.00 S.F. DM Q $5.40 = - $0.00 0.00 S.F. D/W @ $5.40 = $0.00 $687.50 - 045 S.G. 8..1W. Herrera 2218 Talisman St. Corpus Christi, ix 78416 No Address W12 Lot 9, Block 8 Flour Bluff Estates No. 2 - 2487 -0008 -0090 R -1B 50.00 L.F. C.G. & Pvmt. Front C $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. Q $9.75 = $0.00 200.00 S.F. S/W Front Q $1.00 = $200.00 0.00 S.F. SM Q $1.00 = $0.00 0.00 S.F. DM C $5.40 = $0.00 0.00 S.F. DM C $5.40 = $0.00 $687.50 Page 6 Preliminary Assessment Roll - Flour Bluff, Phase I 05101102 - ,- °.I•. -9,t r; • 4r `t"],t ?`' �, ��t .. , ut:, '` x.,i- t.ti. .,: h� < 1 ;51 5 ,:.•iOt81 040 Rex W. Bishop 50.00 L.F. C.G. & Pvmt Front © $9.75 = $487.50 517 Webb Dr 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 144.00 S.F. S/W Front @ $1.00 = $144.00 517 Webb Dr. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 9A, Block 8 193.00 S.F. DM 1-14' @ $5.40 = $1,042.20 Flour Bluff Estates No. 2 0.00 S.F. DPW @ $5.40 = $0.00 2487 -0008-0095 $1.673.70 R -1B 047 Leonisa M. Reid 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 509 Webb Dr. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 152.00 S.F. S/W Front @ $1.00 = $152.00 509 Webb Dr. 0.00 S.F. S/W © $1.00 = $0.00 Lot 10B, Block 8 169.00 S.F. D/W 1 -12' © $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. D/W © $5.40 = $0.00 2487 -0008 -0105 $1,552.10 R -1B 048 Geneva Stewart Smith 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 513 Webb Dr. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi. TX 78418 136.00 S.F. S1W Front © $1.00 = $136.00 513 Webb Dr. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 10A, Block 8 217.00 S.F. D1W 1 -16' © $5.40 = $1,171.80 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0008 -0100 $1,795.30 R -1B 049 Collectibles Etc., Inc. 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 435 Williamson Race 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 152.00 S.F. S1W Front @ $1.00 = $152.00 505 Webb Dr. 0.00 S.F. S/W @ $1.00 = $0.00 W12 Lot 11, Block 8 169.00 S.F. DM 1 -12' © $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. D/W © $5.40 = $0.00 2487 -0008 -0110 $1.552.10 R -1B 050 Jo Ann C. Presley and Clyde L. Lundy 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 605 Jane St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 152.00 S.F. S1W Front @ $1.00 = $152.00 No Address 0.00 S.F. S/W @ $1.00 = $0.00 E12 Lot 11, Block 8 169.00 S.F. D/W 1 -12' © $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. DPW @ $5.40 = $0.00 2487 -0008 -0115 $1.552.10 R -1B 051 Jo Ann C. Presley and Clyde L. Lundy 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 605 Jane St. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, IX 78418 200.00 S.F. S/W Front @ $1.00 = $200.00 No Address 0.00 S.F. S/W © $1.00 = $0.00 W/2 Lot 12, Block 8 0.00 S.F. D/W @ $5.40 = $0.00 Flour Bluff Estates No. 2 0.00 S.F. DNV @ $5.40 = $0.00 2487 -0008 -0115 $687.50 R -1B 052 Jo Ann C. Presley 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 605 Jane Sf. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 96.00 S.F. SAN Front @ $1.00 = $96.00 433 Webb Dr. 0.00 S.F. S1W @ $1.00 = $0.00 E/2 Lot 12, Block 8 300.73 S.F. D/W 1 -13' It $5.40 = $1,623.94 Flour Bluff Estates No. 2 310.23 S.F. D/W 1 -13' @ $5.40 = $1 675.24 2487 -0008 -0125 $3,882.68 R -18 053 Arthur L. Egolf,, et ux 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 429 Webb Dr. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 156.00 S.F. SIN Front @ $1.00 = $156.00 429 Webb Dr. 0.00 S.F. S1W @ $1.00 = $0.00 W50' Lot 13, Block 8 144.50 S.F. D/W 1 -11' © $5.40 = $780.30 Flour Bluff Estates No. 2 0.00 S.F. D/W © $5.40 = $0.00 2487 -0008 -0135 $1,423.812 R -1B Page 7 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 Page 8 P.P" tr.,. u p 054 Snekel invesOnents P.O. Box 6843 Corpus Christi, TX 78468 425 Webb Dr. E50' Lot 13, Block 8 Flour Bluff Estates No. 2 - 2487 -0008 -0130 R -1B 50.00 L.F. C.G. & Pvmt Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 152.00 S.F. SAN Front @ $1.00 = $152.00 0.00 S.F. 8/W @ $1.00 = $0.00 169.00 S.F. D/W 1 -12' © $5.40 = $912.60 0.00 S.F. DNV @ $5.40 = $Q,Q2 $1.552.10 055 Jo Ann C. Presley 605 Jane St Corpus Christi, TX 78418 605 Jane St. Lot 14, Block 8 Flour Bluff Estates No. 2 2487. 0008 -0140 R -1B 100.00 L.F. C.G. & Pvmt. Front @ $9.75 = $975.00 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 400.00 S.F. S/W Front @ $1.00 = $400.00 0.00 S.F. SAN CO $1.00 = $0.00 0.00 S.F. D/W @ $5.40 = - $0.00 0.00 S.F. DM @ $5.40 = $0.00 $1,375.00 056 Jo Ann C. Presley 605 Jane St. Corpus Christi, DC 78418 No Address Lot 15, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0150 R -1B 75.00 L.F. C.G. & PvmL Front @ $9.75 = $731.25 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 260.00 S.F. SNV Front @ $1.00 = $260.00 0.00 S.F. S/W - Cl $1.00 = $0.00 145.00 S.F. DM 1 -10' © $5.40 = $783.00 0.00 S.F. DM @ $5.40 = SO.W $1.774.25 057 Byron Terral Sr., at ux 401 Webb Dr. Corpus Christi, 7X 78418 401 Webb Dr. Lot 16, Block 8 Flour Bluff Estates No. 2 2487 -0008 -0160 R -1B 80.44 L.F. C.G. & Pvmt. Front @ $9.75 = $784.29 171.43 L.F. C.G. & Pvmt. Side @ $4.88 = $836.58 317.40 S.F. SNV Front @ $1.00 = $317.40 623.40 S.F. 81W Side @ $0.50 = $311.70 205.00 S.F. D/W 1 -15' © $5.40 = $1,107.00 0.00 S.F. DM @ $5.40 = $0.00 $3,356.97 Jane St. Intersection End Webb Dr. - South Side Begin Webb Dr. - North Side From Jane St. to N.A.S. Dr. 058 Ramon R. Ignacio do Elena I. Bobad,lla 1213 Montreal Dr. Corpus Christi, DC 78418 406 Webb Dr. Lot 16, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0160 R -1B 80.94 L.F. C.G. & Pvmt. Front @ $9.75 = $789.17 171.93 L.F. C.G. & Pvmt. Side @ $4.88 = $839.02 277.40 S.F. S/W Front cii $1.00 = $277.40 585.40 S.F. SNV Side © $0.50 = $292.70 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 313.00 S.F. 01W 1 -24' © $5.40 = $1,690.20 $4,671.49 " • 059 Calvin F. Bright 3106 Laguna Shores Corpus Christi, TX 78418 No Address Lot 17, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0170 RIB 75.00 L.F. C.G. & Pvmt. Front © $9.75 = $731.25 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 244.00 S.F. S/W Front © $1.00 = $244.00 0.00 S.F. SAN © $1.00 = $0.00 193.00 S.F. D/W 1 -14' @ $5.40 = $1,042.20 0.00 S.F. DM/ © $5.40 = $0.00 $2,017.45 060 Jo Ann C. Presley 605 Jane St. Corpus Christi, TX 78418 422 Webb Dr. Lots 18A, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0180 R -1B 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. © $9.75 = $0.00 160.00 S.F. S/W Front © $1.00 = $160.00 0.00 S.F. SNV © $1.00 = $0.00 145.00 S.F. 0/W 1 -10' @ $5.40 = $783.00 0.00 S.F. D/W @ $5.40 = $0.00 31,430.50 Page 8 Piellminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 ;l. ,,err: ,:.., -.., .., ., 4x 061 Jo Ann C. Presley 50.00 L.F. C.G. & Pvmt. Front a $9.75 = $487.50 605 Jane St. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, 7X 78418 - 160.00 S.F. SAN Front 0 $1.00 = $160.00 418 Webb Dr. 0.00 S.F. SNV 0 $1.00 = $0.00 Lot 18B, Block 9 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. DNV 0 $5.40 = $0.00 2487 -0009 -0185 $1,430.50 R -1B 062 Jo Ann C. Presley and Clyde Lundy 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 605 Jane St. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 140.00 S.F. SAN Front @ $1.00 = $140.00 426 Webb Dr. 0.00 S.F. SNV 0 $1.00 = $0.00 E/2 Lot 19, Block 9 205.00 S.F. DM/ 1-15 0 $5.40 = $1,107.00 • Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = &00 2487 -0009 -0190 $1.734.50 R -1B 063 Eugene M. Sharp, et ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 430 Webb Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, 1X 78418 160.00 S.F. 5/W Front 0 $1.00 = $160.00 430 Webb Dr. 0.00 S.F. SNV 0 $1.00 = $0.00 W/2 Lot 19, Block 9 132.50 S.F. D/W 1 -10' 0 $5.40 = $715.50 Flour Bluff Estates No. 2 0.00 S.F. -D/W 0 $5.40 = $0.00 2487 4009 -0195 $1,363.00 R -1B 064 Apolonio Lopez, et ux 100.00 L.F. C.G. & Pvmt. Front @ $9.75 = $975.00' 434 Webb Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 352.00 S.F. SAN Front 0 $1.00 = $352.00 434 Webb Dr. 0.00 S.F. SNV 0 $1.00 = $0.00 Lot 20, Block 9 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 - 0.00 S.F. DNV 0 $5.40 = $0.00 2487 -0009 -0200 $2,239.60 R -1 B 065 Joe A. Steinmeyer 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 RR 1 Box 165-B8 0.00 L.F. C.G. & Pvmt. a $9.75 = $0.00 Mathis, TX 78368 200.00 S.F. SNV Front @ $1.00 = $200.00 502 Webb Dr. 0.00 S.F. SNV @ $1.00 = $0.00 Lot 21A, Block 9 0.00 S.F. DNV @ $5.40 = $0.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0009 -0210 $687.50 R -1 B 066 Cora Steinmeyer 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 505 Webb Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, 7X 78418 160.00 S.F. SNV Front 0 $1.00 = $160.00 506 Webb Dr. 0.00 S.F. SNV $1.00 = $0.00 Lot 21B, Block 9 145.00 S.F. D1W 1 -10' 0 $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 - 2487 -0009 -0215 $1,430.50 12-113 067 Joe A. Steinmeyer, et ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 RR 1 Box 165 B-8 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Mathis, TX 78368 172.00 S.F. SNV Front -) $1.00 = $172.00 No Address 0.00 S.F. SNV 0 $1.00 = $0.00 Lot 22A, Block 9 96.50 S.F. D/W 1 -12' (Portion (7')) 0 $5.40 = $521.10. Flour Bluff Estates No. 2 0.00 S.F. DNV @ $5.40 = $0.00 2487 -0009 -0220 $1.180.60 R -1 B 068 Joe A. Steinmeyer, et ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 RR 1 Box 165438 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Mathis, TX 78368 180.00 S.F. S/W Front a $1.00 = $180.00 No Address 0.00 S.F. SNV @ $1.00 = $0.00 Lot 22B, Block 9 72.50 S.F. DAN 1 -12' (Portion [5']) 0 $5.40 = $391.50 Flour Bluff Estates No. 2 0.00 SF. D/W @ $5.40 = $0.00 2487 -0009 -0225 $1,059.00 R -1B Page 9 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 �.: 069 Richard B. Wolfinger 965 Raven St. Corpus Christi, TX 78418 510 Webb Dr. Lot 23A, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0225 R -1B 50.00 L.F. C.G. & Pvmt Front @ $9.75 = $487.50 0.00 L.F. C.G. & PvmL @ $9.75 = $0.00 112.00 S.F. SAN Front @ $1.00 = $112.00 0.00 S.F. SAN 0 $1.00 = $0.00 377.00 S.F. DM 1 -22' 0 $5.40 = $2,035.80 0.00 S.F. DM @ $5.40 = MO $2.635.30 070 Lloyd F. and Aurora G. Stoup 530 Dickens Dr. Corpus Christi, TX 78412 522 Webb Dr. Lot 23B, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0230 R -1B 50.00 L.F. C.G. & Pvmt. Front @ $9.76 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 128.00 S.F. S/W Front @ $1.00 = $128.00 ' 0.00 S.F. SNV it $1.00 = $0.00 385.00 S.F. DNJ 1 -18' @ $5.40 = $2,079.00 0.00 S.F. DM @ $5.40 = $0.00 $2.694.50 . 071 Vicki Wells 526 Webb Dr. Corpus Christi, TX 78418 526 Webb Dr. Lot 24A, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0245 R -113 70.00 L.F. C.G. & Pvmt. Front @ - $9.75 = $682.50 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 240.00 S.F. SAN Front @ $1.00 = $240.00 0.00 S.F. SM 0 $1.00 = $0.00 145.00 S.F. DM 1 -10' @ $5.40 = $783.00 0.00 S.F. DIW 0 $5.40 • $0.00 $1,705.50 072 Margie Griffith 536 Webb Dr. Corpus Christi, TX 78418 536 Webb Dr. Lot 24B, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0240 R -1B 70.00 L.F. C.G. & Pvmt Front @ $9.75 = $682.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 240.00 S.F. SAN Front $1.00 = $240.00 0.00 S.F. S/W @ $1.00 = $0.00 145.00 S.F. DM 1 -10' @ $5.40 = $783.00 0.00 S.F. DM 0 $5.40 = $O.W $1.705.50 073 Corral Invest. Corp. 5657 Old Brownsville Rd. Corpus Christi, TX 78417 621 N.A.S. Dr. @ Webb Dr. (Boat'n Net #4) Lot 1, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0010 B -3 192.00 L.F. C.G. & Pvmt. Front @ $19.50 = $3,744.00 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 644.00 S.F. SAN Front @ $1.00 = $644.00 0.00 S.F. SAN 0 $1.00 = $0.00 402.00 S.F. DIW 1 -26' @ $5.40 = $2,170.80 0.00 S.F. D1W @ $5.40 = $0.00 $6,558.80 N.A.S. Dr. Intersection End Webb Dr. - North Side Begin Scotland Dr. - South Side From NAS. Dr. to Jane St. 074 James P. Spencer, Sr., et ux 1021 Nile Corpus Christi, TX 78412 601 N.A.S. Dr. @ Scotland Dr. Lot 6, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0060 1 -2 150.00 L.F. C.G. & Pvmt. Front @ $19.50 = $2,925.00 0.00 L.F. C.G. & Pvmt. Side @ $4.88 = $0.00 520.00 S.F. SAN Side @ $1.00 = $520.00 '0.00 S.F. SIW 0 $1.00 = $0.00 265.00 S.F. DAN 1 -20' 0 $5.40 = $1,431.00 0.00 S.F. DM @ $5.40 = $0.00 $4.876.00 075 James Spencer, et ux 1021 Nile Dr. Corpus Christi, TX 78412 Scotland Dr. Lot 7A, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0075 R -1B 60.00 L.F. C.G. & Pvmt. Front @ 0.00 L.F. C.G. & Pvmt. @ 196.00 S.F. SAN Front @ 0.00 S.F. SAN @ 144.50 S.F. D/W 1 -30' (Portion [11']) @ 0.00 S.F. DM @ $9.75 = $585.00 $9.75 = $0.00 $1.00 = $196.00 $1.00 = $0.00 $5.40 = $780.30 $5.40 = $0.00 51.561.30. Page 10 Prallminary Assessment Roll - Flour Bluff, Phase I Revised 05/01102 Page 11 .iota! Rt.. 078 James Spencer, at ux 60.00 L.F. C.G. & Pvmt. Front @ $9.75 = $585.00 1021 Nile Dr. 0.00 L.F. C.G. & Pvmt. a $9.75 = $0.00 Corpus Christi, TX 78412 164.00 S.F. S/W Front 0 $1.00 = $164.00 Scotland Dr. 0.00 S.F. S/W 0 $1.00 = $0.00 Lot 78, Block 9 240.50 S.F. 0/W 1 -30' (Portion (19]) @ $5.40 = $1,298.70 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = 50,00 2487 -0009 -0075 - $2,047.70 R -1 B 077 Jeny L. Sons, et ux 60.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $585.00 P.O. Box 69 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Blue Ridge, TX 75424 -0069 192.00 S.F. SAN Front 0 $1.00 = $192.00 523 Scotland Dr. 0.00 S.F. S/W 0 $1.00 = $0.00 Lot 8A, Block 9 156.50 S.F. D/W 1 -12' 0 $5.40 = $845.10 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0009 -0080 $1,622.10 R-1B 078 Carol Hiltzman 60.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $585.00 223 N. Price - 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Hominy, OK 74035 160.00 S.F. S/W Front 0 $1.00 = $160.00 No Address 0.00 S.F. S/W @ $1.00 = $0.00 Lot 86, Block 9 252.50 S.F. D/W 1 -20' @ $5.40 = $1,363.50 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 2487 -0009 -0085 $2,108.50 R-113 079 Tracy Barnes 50.00 L.F. C.G. & Pvmt Front @ $9.75 = $487.50 200 Makinson Rd. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Westpoint TX 78963 160.00 S.F. S/W Front @ $1.00 = $160.00 515 Scotland Dr. 0.00 S.F. S/W @ $1.00 = $0.00 NW/2 Lot 9, Block 9 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. DM/ @ $5.40 = $0.00 2487 -0009 -0090 $1,430.50 R -1B 080 Deborah Lee Chesson & Tracy Lynne Barnes 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 511 Scotland Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. S/W Front 0 $1.00 = $160.00 511 Scotland Dr. 0.00 S.F. S/W @ $1.00 = $0.00 SE/2 Lot 9, Block 9 145.00 S.F. DM/ 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. DM/ 0 $5.40 = $0.00 2487 -0009 -0095 $1,430.50 R -1 B 081 James T. and Michael W Strickland 100.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $975.00 505 Scotland Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 340.00 S.F. S/W Front 0 $1.00 = $340.00 505 Scotland Dr. 0.00 S.F. SNV @ $1.00 = $0.00 Lot 10, Block 9 205.00 S.F. D/W 1 -15' @ $5.40 = $1,107.00 Flour Bluff Estates No. 2 0.00 S.F. DAN @ $5.40 = $0.00 2487 -0009 -0100 $2,422.00 R -1B 082 Viviana Cavazos 50.00 L.F. C.G. & Pvmt Front 0 $9.75 = $487.50 437 Scotland Dr. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Chdsti, TX 78418 160.00 S.F. S/W Front @ $1.00 = $160.00 437 Scotland Dr. 0.00 S.F. S/W 0 $1.00 = $0.00 Lot 11A, Block 9 145.00 S.F. 13/W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. 0/W @ $5.40 = $0.00 2487 -0009 -0110 . $1,430.50 R -1B 083 Thomas C. and Brenda Buchanan 50.00 L.F. C.G. & Pvmt. Front 1W $9.75 = $487.50 433 Scotland Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. S/W Front 0 $1.00 = $160.00 433 Scotland Dr. 0.00 S.F. S W @ $1.00 = $0.00 Lot 118, Block 9 145.00 S.F. D/W 1 -10' © $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 2487. 0009 -0115 $1,430.50 R -1 B Page 11 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 r 4ral 084 Robert Wayne Russell 5409 Qualls Path St. Coffeyville, 7X 76034 425 Scotland Dr. W12 Lot 12 , Block 9 Flour Bluff Estates No. 2 2487 4009 4120 R -1B 60.00 L.F. C.O. & Pvmt. Front 0 $9.75 = 87.50 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 168.00 S.F. SMW Front 0 $1.00 = $168.00 0.00 S.F. S/W 0 $1.00 = $0.00 108.50 S.F. D/W 1 -12' (Portion [81) @ $5.40 = $585.90 0.00 S.F. D/W @ $5.40 = $0.00 $1.241.40 085 Robert Wayne Russell 5409 Qualls Path St. Coffeyville, DC 76034 429 Scotland Dr. Lot 12B, Block 9 Flour Bluff Estates No. 2 2487 40094125 R -1B 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 0.00 LE. C.G. & Pvmt. 0 $9.75 = $0.00 184.00 S.F. S/W Front 0 $1.00 = $184.00 0.00 S.F. S/W 0 $1.00 = $0.00 60.50 S.F. DM 1 -12' (Portion 141) 0 $5.40 = $326.70 0.00 S.F. D/W 0 - $5.40 = SAM $998.20 086 Robed Wayne Russell 421 Scotland Dr. Corpus Christi, TX 78418 421 Scotland Dr. W48' Lot 13, Block 9 Flour Bluff Estates No. 2 2487. 0009 -0130 R -1 B 48.00 L.F. CO. & Pvmt Front 0 $9.75 = $468.00 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0,00 152.00 S.F. SAN Front 0 $1.00 = $152.00 0.00 S.F. S/W 0 $1.00 = $0.00 145.00 S.F. D/W 1 -10' 0 $5.40 = $783.00 0.00 S.F. 0/W @ $5.40 = $0,00 $1,403.00 087 James A. Sierman 417 Scotland Dr. Corpus Christi, TX 78418 417 Scotland Dr. E52' Lot 13, Block 9 Flour Bluff Estates No. 2 2487 -0009 -0135 R -1B 52.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $507.00 0.00 L.F. C.G. & Pvmt. Q $9.75 = $0.00 168.00 S.F. S,W Front 0 $1.00 = $168.00 0.00 S.F. SAW @ $1.00 = $0.00 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 0.00 S.F. D/W 0 $5.40 = $0.00 $1,458.00 - 088 Doyle Tyson RTA3 Box 130-0 Pearland, TX 77851 Scotland Dr. Lot 14, Block 9 Flour Bluff Estates No. 2 2487- 0009 -0140 R -1B 75.00 L.F. C.G. & Pvmt. Front @ $9.75 = $731.25 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 300.00 S.F. S/W Front @ $1.00 = $300.00 0.00 S.F. SM @ $1.00 = $0.00 0.00 S.F. D/W @ $5.40 = $0.00 0.00 S.F. D/W 0 $5.40 = $0.00 $1,031.25 089 Doyle Tyson - RTA3 Box 130 -0 Pearland, TX 77851 606 Jane St. Lot 15, Block 9 Flour Bluff Estates No.2 2487 -0009 -0150 R -1B 170.93 L.F. C.G. & Pvmt. Front @ $9.75 = $1,666.57 80.94 L.F. C.G. & Pvmt. Side @ $4.88 = $394.99 381.40 S.F. S1W Front @ $1.00 = $381.40 621.40 S.F. SNV Side @ $0.50 = $310.70 0.00 S.F. D/W 0 $5.40 = $0.00 0.00 S.F. D/W 0 $5.40 - = $0.00 $2,753.65 Jane St Intersection End Scotland Dr. - South Side Beg n Scotland Dr. - North Side From Jane St. to N.A.S. Dr. 090 Ronald G. Teel P.O. Box 2 Corpus Christi, TX 78403 402 Scotland Dr. Lot 16, Block 10 Flour Bluff Estates No. 2 2487 4010 -0160 R -1B 75.93 L.F. C.G. & Pvmt. Front 0 $9.75 = 170.93 L.F. C.G. & Pvmt. Side @ $4.88 = 297.40 S.F. S/W Front 0 $1,00 = 633.40 S.F. S/W Side @ $0.50 = 169.00 S.F. D/W 1 -12' 0 $5.40 = 0.00 S.F. D/W @ $5.40 = $740.32 $834.14 $297.40 $316.70 $912.60 $0.00 $3,101.16 Page 12 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 Page 13 w o� "ouM 091 Steve Goralczyk 75.00 L.F. C.G. & Pvmt Front ® $9.75 = 731.25 410 Scotland Dr. 0,00 LF. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christ, TX 78418 252.00 S.F. SIN Front 0 $1.00 = $252.00 410 Scotland Dr. 0.00 S.F. 5/W 0 $1.00 = $0.00 Lot 17, Block 10 169.00 S.F. D/W 1 -12' © $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0010 -0170 $1,895.85 R -1 B 092 Leland R. Allen, at ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 4511 LuCksingerLn. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Trailer 34 140.00 S.F. S/W Front @ $1.00 = $140.00 Austin, 7X 78745 0.00 S.F. S/W 0 $1.00 = $0.00 414 Scotland Dr. 205.00 S.F. D/W 1 -15' C $5.40 = $1,107.00 Lot 18A, Block 10 0.00 S.F. D/W @ $5.40 = $0.00 Flour Bluff Estates No. 2 $1,734,50 2487 41010 -0181 R -1 B 093 James Ottmers 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 4901 Jo Ann St. 0.00 L.F. C.G. & Pvmt. © $9.75 = $0.00 Corpus Christi, TX 78415 160.00 S.F. S/W Front @ $1.00 = $160.00 422 Scotland Dr. 0.00 S.F. S/W n $1.00 = $0.00 Lot 188, Block 10 145.00 S.F. D/W 1 -10' 0 $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W 0 $5.40 = $0.00 2487 -0010 -0182 $1.430.50 R -1B 094 Lonnie Wright, at ux 100.00 L.F. C.G. & Pvmt Front @ $9.75 = $975.00 510 Cunningham 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78411 320.00 S.F. S/W Front @ $1.00 = $320.00 426 Scotland Dr. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 19, Block 10 145.00 S.F. DNV 1 -10' 0 $5.40 = $783.00 Flour Bluff Estates No. 2 145.00. S.F. D/W 1 -10' 0 $5.40 = $783.00 2487 -0010 -0190 $2 861.00 R -1B 095 George Robed Bartlett and Ruth t Bartlett 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 432 Scotland Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. S/W Front 0 $1.00 = $160.00 432 Scotland Dr. 0.00 S.F. SNV 0 $1.00 = $0.00 E/2 Lot 20, Block 10 145.00 S.F. D1W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W © $5.40 = $0.00 2487 -0010 -0200 $1,430.50 R -16 096 William Lipman, at ux 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 P.O. Box 6843 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, IX 78466 152.00 S.F. SNV Front 0 $1.00 = $152.00 438 Scotland Dr. 0.00 S.F. SNV @ $1.00 = $0.00 Lot 208, Block 10 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. [VW 0 $5.40 = $0.00 2487 -0010 -0202 $1,552.10 Ft-113 097 Glenda L Reeves 50.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $487.50 502 Scotland Dr. 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 160.00 S.F. SNV Front 0 $1.00 = $160.00 502 Scotland Dr. 0.00 S.F. S/W @ $1.00 = $0.00 Lot 21A, Block 10 145.00 S.F. D/W 1 -10' 0 $5.40 = $763.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487- 0010 -0210 $1,430.50 R -1B 098 Jose A. and Diana Cordova 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 1004 Stone 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 Corpus Christi, TX 78418 136.00 S.F. SNV Front 0 $1.00 = $136.00 425 Jester St. 0.00 S.F. S/W @ $1.00 = $0.00 W12 Lot 21, Block 10 145.00 S.F. D/W 1 -10' @ $5.40 = $783.00 Flour Bluff Estates No. 2 0.00 S.F. D/W @ $5.40 = $0.00 2487 -0010 -0215 $1,406.50 R -1 B Page 13 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 099 Jose A end Diana Cordova 1004 Stone Corpus Christi, TX 78418 510 Scotland Dr. E/2 Lot 22, Block 10 Flour Bluff Estates No. 2 2487 -0010-0220 R -1B 50.00 L.F. C.G. & Pvmt. Front 0.00 L.F. C.G. & Pvmt. 160.00 S.F. 5/W Front 0.00 S/W S.F. 217.00 S.F. DM/ 1 -16 0.00 S.F. DM/ C C C C @ C $9.78 $9.75 $1.00 $1.00 $5.40 $5.40 = = - = = = $487.50 $0.00 $160.00 $0.00 $1,171.80 114.2 $1,819.30 100 Robert Eugene Sells 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 512 Scotland Dr. 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 Corpus Christi, TX 78418 152.00 S.F. 5/W Front © $1.00 = $152.00 512 Scotland Dr. 0.00 S.F. S/W n $1.00 = $0.00 W/2 Lot 22, Block 10 169.00 S.F. D/W 1 -12' CO $5.40 = $912.60 Flour Bluff Estates No. 2 0.00 S.F. DM C $5.40 = 39.94 2487-0010 4225 $1.552.10 R -1B 101 Baptist Church - Flour Bluff Church 100.00 L.F. C.G. & Pvmt. Front @ $9.75 = $975.00 %First Baptist Church Flour Bluff 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 No Address 400.00 S.F. 81W Front C $1.00 = $400.00 Lot 23, Block 10 0.00 S.F. S/W © $1.00 = $0.00 Flour Bluff Estates No. 2 0.00 S.F. 01W C $5.40 = $0.00 2487 -0010 -0230 0.00 S.F. D/W n $5.40 = W&2 R -1B $1,375.00 102 Baptist Church - Flour Bluff Church 140.00 L.F. C.G. & Pvmt Front C $9.75 = $1,365.00 %First Baptist Church Flour Bluff 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 No Address 408.00 S.F. S/W Front @ $1.00 = $408.00 Lot 24, Block 10 0.00 S.F. S/W C $1.00 = $0.00 Flour Bluff Estates No. 2 530.00 S.F. D/W 1 -35' m $5.40 = $2,862.00 2487 4010 -0240 0.00 S.F. DM @ $5.40 = $0.00 R -1 B $4,635.00 103 Baptist Church -Flour Bluff Church 150.00 L.F. C.G. & Pvmt. Front @ $9.75 = $1,462.50 %First Baptist Church Flour Bluff 0.00 L.F. C.G. & Pvmt. C $9.75 = $0.00 521 N.A.S. Dr. @ Scotland Dr. 448.00 S.F. S/W Front © $1.00 = $448.00 Lots 1, Block 10, Less Por. to R.O.W. 0.00 S.F. S/W C $1.00 = $0.00 Flour Bluff Estates No. 2 530.00 S.F. D/W 1 -35' @ $5.40 = $2,862.00 2487 -0010 -0010 0.00 S.F. OM C $5.40 = $0.00 B-3 (Church) $4,772.50 S N.A.S. Dr. Intersection End Scotland Dr. - North Side Begin Jane St. - West Side From Jester St. to Claride St. 104 Eby H. Salazar and John R. Martinez 147.00 L.F. C.G. & Pvmt. Side C $4.88 = $717.36 4345 Kostoryz Rd. 0.00 L.F. C.G. & Pvmt C $9.75 = $0.00 Corpus Christi, TX 78415 528.00 S.F. S/W Side @ $0.50 = $264.00 405 Jester St. 0.00 S.F. S/W C $1.00 = $0.00 Lot 15, Block 10, Less Por. to R.O.W. 205.00 S.F. D/ VV 1 -15' C $5.40 = $1,107.00 Flour Bluff Estates No. 2 0.00 S.F. D/W C $5.40 = $0.00 2487 -0010 -0150 $2,088.36 R -1B Claride St. Intersection End Jane St. - West Side Begin Jane St. - East Side From Jester St. to Claude St. 105 Domltila Griller? 82.50 L.F. C.G. & Pvmt. Front @ $9.75 = $804.38 do Jose Andrade 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 RR 1 Box 295 330.00 S.F. SNV Front C $1.00 = $330.00 Peculiar, MO 64078 0.00 S.F. SMV @ $1.00 = $0.00 505 Jane St. 0.00 S.F. 01W C $5.40 = $0.00 Lot 1, Block 11, Less Por. to R.O.W. 0.00 S.F. DM C $5.40 = $0.00 $1,134.38 Flour Bluff Estates No. 2 - 24874011 -0010 R -1B Page 14 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05/01102 106 J. Roberts, Jr. P.O. Box 8806 Corpus Christi, TX 78468 No Address Nl2 Lot 2, Block 11 Flour Bluff Estates No. 2 2487-0011-0020 R -1B 50.00 0.00 152.00 0.00 169.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt Front C.G. & Pvmt. S/W Front SAN DAN 1 -12' D/W 0 @ 0 0 @ 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $152.00 $0.00 $912.60 $0.00 $1,552.10 107 Karen A. Parker 513 Jane St. Corpus Christi, TX 78418 513 Jane St Lot 2B, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0025 R -1B 50.00 0.00 152.00 0.00 169.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. SIW Front 5/W D/W 1 -12' D/W 0 0 0 0 at 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $152.00 $0.00 $912.60 $0.00 $1,552.10 108 Trevor Lawrence Lieblong 521 Jane St. Corpus Christi, TX 78418 No Address N/2 Lot 3, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0030 R -1B 50.00 0.00 200.00 0.00 0.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. SAN Front SAW D/W D/W 0 0 © 0 @ 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $200.00 $0.00 $0.00 $0.00 $687.50 109 Trevor Lawrence Lieblong 521 Jane St. Corpus Christi, TX 78418 521 Jane St. Sl2 Lot 3, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0035 R -1B 50.00 0.00 152.00 0.00 169.00 0.00 L.F. LF. S.F. S.F. S.F. S.F. C.G. & PvmL Front C.G. & Pvmt 5/W Front S/W 0/W 1 -12' D/W 0 0 @ 0 0 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $152.00 $0.00 $912.60 $0.00 $1.552.10 110 Robin L. Mariner 525 Jane St Corpus Christi, TX 78418 525 Jane St N/2 Lot 4, Block 11 Flour Bluff Estates No. 2 2487 -0011.0040 R -1B 50.00 0.00 152.00 0.00 169.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. S/W Front S/W D/W 1 -12' D/W @ 0 © 0 0 @ $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $152.00 $0.00 $912.60 $0.00 $1,552.10 111 Robin L. Mariner 525 Jane St. Corpus Christi, TX 78418 601 Jane St. S/2 Lot 4, Block 11 Flour Bluff Estates No. 2 2487 -0011.0045 R -1B 50.00 0.00 160.00 0.00 145.00 0.00 L.F. LF. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. SAW Front S/W D/W 1 -10' D/W 0 0 0 0 0 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $160.00 $0.00 $783.00 $0.00 $1,430.50 112 Martin 8. Winkfein, et ux 603 Jane St. Corpus Christi, TX 78418 603 Jane St. Lot 5A, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0055 R -1 B 50.00 0.00 152.00 0.00 169.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & PvmL Front C.G. & Pvmt. S/W Front S/W DM 1 -12' D/W 0 0 0 0 @ 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $152.00 $0.00 $912.60 $0.00 $1,552.10 113 Jo Ann C. Presley and Clyde L. Lundy 605 Jane St. Corpds Christi, TX 78418 605 Jane St. S/2 Lot 5, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0050 R -1B 50.00 0.00 200.00 0.00 0.00 0.00 L.F. L.F. S.F. S.F. S.F. S.F. C.G. & Pvmt. Front C.G. & Pvmt. SAW Front S/W D/W D/W 0 @ 0 0 0 0 $9.75 $9.75 $1.00 $1.00 $5.40 $5.40 = = = = = = $487.50 $0.00 $200.00 $0.00 $0.00 $0.00 $687.50 Page 15 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 Page 16 i • 0nli.0„�e nt -Ir- I�AYi� aura . 114 Jo Mn C. Presley and Clyde L Lundy 605 Jane St. Corpus Christi, TX 78418 605 Jane St. N/2 Lot 6, Block 11 Flour Bluff Estates No. 2 248740114050 R -1B 50.00 L.F. C.G. & Pvmt. Front © $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 152.00 S.F. S/W Front CO $1.00 = $152.00 0.00 S.F. S/W © $1.00 = $0.00 156.50 S.F. D/W 1 -12' © $5.40 = $845.10 0.00 S.F. D/W @ $5.40 = WM _( $1,484.60 115 Jo Mn C. Presley and Clyde L. Lundy 605 Jane St . Corpus Christi, TX 78418 617 Jane St. Lot 66, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0065 R -1B 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 152.00 S.F. S/W Front Q $1.00 = $152.00 0.00 S.F. 8/W @ $1.00 = $0.00 156.50 S.F. DIW 1 -12' @ $5.40 = $845.10 0.00 S.F. D/W @ $5.40 = 1_)0 $1.484.60 116 Jo Mn C. Presley and Clyde L. Lundy 605 Jane St. Corpus Christi, DC 78418 No Address Lot 7A, Block 11 Flour Bluff Estates No. 2 24874011 -0070 - R -1B 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 152.00 S.F. SAN Front @ $1.00 = $152.00 0.00 S.F. SIW @ $1.00 = $0.00 169.00 S.F. DM 1 -12' @ $5.40 = $912.60 0.00 S.F. D/W @ $5.40 = $0.00 $1.552.10 117 Jo Mn C. Presley and Clyde L. Lundy 605 Jane St. Corpus Christi, TX 78418 621 Jane St. Lot 78, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0075 R -1 B 65.93 L.F. C.G. & Pvmt. Front 0 $9.75 = $642.82 155.94 L.F. C.G. & Pvmt. Side @ $4.88 = $760.99 263.40 S.F. S/W Front 0 $1.00 = $263.40 581.75 S.F. S/W Side @ $0.50 = $290.88 325.00 S.F. DAN 1 -25' 0 $5.40 = $1,755.00 0.00 S.F. D/W 0 $5.40 = $0.00 , $3.713.08 Webb Dr. Intersection 118 Raymond Gene Gann P.O. Box 181206 Corpus Christi, TX 78480 703 Jane St S40' Lot 8, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0090 R -1B 45.93 L.F. C.G. & Pvmt. Front @ $9.75 = $447.82 155.94 L.F. C.G. & Pvmt. Side 0 $4.88 = $760.99 181.40 S.F. S/VV Front @ $1.00 = $181.40 319.25 S.F. SIW Side @ $0.50 = $159.63 181.00 S.F. 01W 1 -13' @ $5.40 = $977.40 0.00 S.F. D/W 0 $5.40 = $0.00 $2.527.23 119 Raymond Gene Gann P.O. Box 181206 Corpus Christi, TX 78480 703 Jane St N20' Lot 9, Block 11 Flour Bluff Estates No. 2 2487 -00114090 R -1B 20.00 L.F. C.G. & Pvmt. Front @ $9.75 = $195.00 0.00 L.F. C.G. & Pvmt. 0 $975 = $0.00 80.00 S.F. S/W Front 0 $1.00 = $80.00 0.00 S.F. SAN 0 $1.00 = $0.00 0.00 S.F. D/W @ $5.40 = $0.00 0.00 S.F. DAN @ $5.40 = $0.00 $275.00 120 Allison Elizabeth Franklin 709 Jane St Corpus Christi, TX 78418 707 and 709 Jane St. (Duplex) 580' Lot 9, Block 11 Flour Bluff Estates No. 2 2489.0011 -0095 R -1B 80.00 L.F. C.G. & Pvmt. Front 0 $9.75 = $780.00 0.00 L.F. C.G. & Pvmt. 0 $9.75 = $0.00 224.00 S.F. SAN Front 0 $1.00 = $224.00 0.00 S.F. S/W 0 $1.00 = $0.00 169.00 S.F. D/W 1 -12' 0 $5.40 = $912.60 169.00 S.F. D/W 1 -12' @ $5.40 = $912.60 $2,829.20 121 James E. Lee, at ux 524 Lakeside Dr. Corpus Christi, TX 78418 713 Jane St. N12 Lot 10, Block 11 Flour Bluff Estates No. 2 2487 -00114100 11-1B 50.00 L.F. C.G. & Pvmt. Front @ $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 152.00 S.F. SM/ Front @ $1.00 = $152.00 0.00 S.F. SMI @ $1.00 = $0.00 169.00 S.F. 0/W 1 -12' 0 $5.40 = $912.60 0.00 S.F. D1W @ $5.40 = $0.00 $1,552.10 Page 16 Preliminary Assessment Roll - Flour Bluff, Phase I Revised 05101102 Page 17 11 i�. s. ;:.1 i ! )�: ✓� ''f' �..' t 'r ` ".l .,. v. ° . _ . ice .e , �. ; � I � i_�;: .. +,t IIL!n ,... "'to . �08M 122 Bernard S. Seidman, et we 721 Jane St. Corpus Christ, TX 78418 No Address $12 Lot 10, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0105 R -1B 50.00 L.F. C.G. & Pvmt Front 0 $9.75 = $487.50 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 200.00 S.F. S/W Front @ $1.00 = $200.00 0.00 S.F. S/W 0 $1.00 = $0.00 0.00 S.F. DM @ $5.40 = $0.00 0.00 S.F. DM/ @ $5.40 = $0.00 $687.50 123 Bernard S. Seidman, of ux 721 Jane St. Corpus Christi, TX 78418 721 Jane St. Lot 11, Block 11 Flour Bluff Estates No. 2 2487 -0011 -0110 R -1B 101.00 L.F. C.G. & Pvmt. Front @ $9.75 = $984.75 141.38 L.F. C.G. & Pvnit. Side C $4.88 = $889.93 334.54 S.F. S/W Front @ $1.00 = $334.54 568.56 S.F. S/W Side @ $0.50 = $284.28 169.00 S.F. DM/ 1 -12' 0 $5.40 = $912.60 0.00 S.F. DM @ $5.40 = $0.00 $3.206.10 Claride Dr. Intersection End Jane St. - East Side Begin Mounts Dr. - East Side From Claride SL to Lakeside Dr. 124 City of Corpus Christ Laguna Madre Sewage Plant No Address - Lot 13 Flour Bluff Encinal Farm & Garden Tract R -1B 198.88 L.F. C.G. & Pvmt. Front @ $9.75 = $1,939.08 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 820.00 S.F. S/W Front @ $1.00 = $820.00 0.00 S.F. S/W @ $1.00 = $0.00 0.00 S.F. D/W 0 $5.40 = $0.00 0.00 S.F. DM @ $5.40 = $0.00 $2,759.08 125 Baltazar Gonzales 350 E. Lakeside Dr. Corpus Christi, TX 78418 350 E. Lakeside Dr. E 50' X 170' Out of Lot 13, Block L Flour Bluff Estates 2486-0012 -0135 R -1 B 175.00 L.F. C.G. & Pvmt. Side @ $4.88 = $854.00 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 700.00 S.F. SNV Side @ $0.50 = $350.00 0.00 S.F. SM/ @ $1.00 = $0.00 0.00 S.F. D/W 0 $5.40 = $0.00 0.00 S.F. DM @ $5.40 = $0.00 $1,204.00 Lakeside Dr. Intersection End Mounts Dr. - East Side Begin Mounts Dr. - West Side From Lakeside Dr. to Claride St. 126 Larry W. Evans 402 E. Lakeside Dr. Corpus Christ, TX 78418 402 E. Lakeside Dr. Lot 12, Block L - Flour Bluff Estates 2486 -0012 -0120 RIB 178.00 L.F. C.G. & Pvmt. Side @ $4.88 = $868.64 0.00 L.F. C.G. & Pvmt. @ $9.75 = $0.00 712.00 S.F. S/W Side @ $0.50 = $356.00 0.00 S.F. S/W @ $1.00 = $0.00 0.00 S.F. DM @ $5.40 = $0.00 0.00 S.F. 01W 0 $5.40 = $0.00 $1,224.64 Claride St. Intersection End Mounts Dr. -West Side END PROJECT Total of Assessments: $251,224.35 Page 17 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 4'h of July — Big Bang Celebration Presentation by Mayor's Planning Committee STAFF PRESENTER(S): Name 1. Diana Zertuche Garza OUTSIDE PRESENTER(S): Name Title /Position Department Assistant to the Mayor Mayor's Office 1. Vic Menard 2. Yvonne Sanchez 3. Ram Chavez 4. Joe Ochoa Title /Position Organization Co -Chair — Mayor's Planning Committee Fireworks — HEB Public Affairs Representative Patriotic Ceremony — C. C. Veteran's Band Stars & Stripes Parade —Buccaneer Commission ISSUE: 4th of July — Big Bang Celebration Information and Schedule of Events BACKGROUND: EVENT DESCRIPTION: The City of Corpus Christi, since 1977, has proudly celebrated the Independence Day Holiday with a variety of patriotic events. The Mayor's Office provides coordination for the various public (not for profit) events that are scheduled in the downtown /Shoreline area including the patriotic parade, veteran's ceremony and the annual fireworks presentation. With the addition of several new public events these last few years, the Celebration has developed into a "banner event" for Corpus Christi. Events such as the "Stars & Stripes" Aboard the U.S.S. Lexington, a Concert at Cole Park, the Patriotic Parade being overseen by the Buccaneer Commission and a variety of Marina demonstrations. The community attendance and participation in these various July 4th events have multiplied over the last several years and will continue to grow. The "Big Bang Celebration" is a community effort with the basic /logistic support provided by the City of Corpus Christi for traffic control, street closures, park maintenance and staging, coordination of general publicity, trash pick up and safety of the marina. There had not been a need for financial sponsorship until the last four years due to the tremendous growth and popularity of the celebration. Support for various event supplies and staging is now needed for a quality production of this celebration. The Downtown Management District has supported this event with a donation of $6,000 to take care of the rental of port-o- potties, electricity for vendors, etc. For the last several years, Whataburger has donated 500 T -Shirts for the organizers, volunteers and City Staff that participate at this event. REQUIRED COUNCIL ACTION: None Required Pr (Department ad Sigddture) Additional Background — Schedule of Events and Sponsors Attached JULY 4TH - BIG BANG CELEBRATION EVENT HOSTS AND SPONSORS 2002 The following organizations, volunteers and city departments work on the 4th of July in order to make this event free to the public. Special Thanks to... MAYOR'S PLANNING COMMITTEE CO- CHAIRS: Sharon Emerson, Mike Lind, Vic Menard Buccaneer Commission — Joe Ochoa and Vicki Lewis EVENT HOSTS: City of Corpus Christi: Office of the Mayor, Park & Recreation, Solid Waste, Coliseum, Marina, Street Dept, Traffic Engineering, EMS, Police Department and Fire Department for general safety and first aid needs ORGANIZATIONS /COMPANY Bayfest, Inc. Buccaneer Commission, Inc. & Bucarader's Association Corpus Christi Mayor's Committee for Veteran's Affairs Corpus Christi Veteran's Band Corpus Christi Road Runners (4 for the 4th Run) H -E -B Grocery Company USS LEXINGTON Z -95 EVENT SPONSORS & SUPPORTERS: Corpus Christi Chamber of Commerce (General Support) Downtown Management District (General Support) Naval Air Station Corpus Christi & U.S. Coast Guard (Fly Over, Search & Rescue Demonstration) Regional Transportation Authority Valero Energy Corporation (Poster Sponsor) Whataburger Restaurants, Inc. (T -Shirt Sponsor) CORPUS CHRISTI, TEXAS JULY 4TH - BIG BANG CELEBRATION 2002 CALENDAR OF SPECIAL EVENTS THURSDAY, JULY 4, 2002 7:00 a.m. Heritage Park 4:15 p.m. Bayfront/Marina 4:30 p.m. Start North of 1 -37 6:00 -7:00 p.m. Memorial Coliseum 7:00 p.m. CC Beach 7:15 p.m. Cole Park 9:15 p.m. Downtown Bayfront 4 FOR THE 4TH Bayfront Run by Corpus Christi RoadRunners Pick up applications at Roger Soler's Sports, 5854 S. Staples St or at Heritage Park before the race U.S. COAST GUARD SEARCH & RESCUE (Free to the Public) 4TH OF JULY STARS & STRIPES PARADE Buccaneer Commission, Inc. & Bucarader Assn, Sponsored by the Mayor's July 4th Committee (Free to the Public) INDEPENDENCE DAY PATRIOTIC CEREMONY & OPENING CEREMONY FOR THE WORLD OPTIMIST CHAMPIONSHIP Corpus Christi Mayor's Committee for Veteran's Affairs & the Corpus Christi Veteran's Band (Free to the Public) STARS & STRIPES ABOARD THE U.S.S. LEXINGTON (Ticketed Event — 361- 888 -4873 for more Information) BAY JAMMIN' CONCERT SERIES Featuring Patrice Pike and Black Box Rebellion (Free to the Public) 15h ANNUAL H -E -B INDEPENDENCE DAY FIREWORKS DISPLAY over the Downtown Bayfront (Free to the Public) 26 CITY COUNCIL PRESENTATION MEMORANDUM City Council Meeting 6/25/02 AGENDA ITEM: Presentation concerning Park and Recreation Department's Gulf Beach Operations. CITY STAFF PRESENTER: Name Title Daniel L. Whitworth Acting Director, Park and Recreation ISSUE: The Park and Recreation Department is using this presentation to provide the City Council and the general public with information about the newly functional Gulf Beach Operations. REQUIRED COUNCIL ACTION: None at this time. Daniel L. Whitworth, Acting Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL ▪ Copy of Presentation 'I Copy of Seaweed Brochure ▪ Map of Mustang Island — City maintained beaches Corpus Christi Park & Recreation Discover the Benefits... TM ■ 2 Areas of Responsibility Mustang Island err", " ITjI Mustang blawd • State Pat CITY Aunt Rd 12 Gulf of Mexico Zahn Rd 0 CITY Amass Rd 14 A Rd 16 CITY 3 • Seaweed Removal • Maintenance • Trash Pick -up • Special Events Seaweed Removal • 4 -6 months of natural occurrence during peak visitors season • Continuous accumulation of seaweed • Removal process provides temporary seaweed -free beaches • At times, weather and tides limit accessibility to beaches • Seven full -time employees • Two seasonal laborers (June - August) • Permanent employees are scheduled to work 40 hours a week on rotating shifts • Typical days have 3 -4 employees working • Working hours are from 7:30am to 3:30pm • 2 -Case 4x4 Tractors with loading bucket and beach rake • 2 -Ford Crewcab 4x4 Pickups with utility beds • 1 -Ford extended Cab 4x4 Pickup Trash Pick -up Approximately 125 trash barrels are routinely emptied on Mondays and Fridays. Based on priority areas, trash is picked up daily. • BFI pumps out 14 south side toilets on Wednesdays and Saturdays • The remaining 16 are pumped out Saturdays • Staff sweep out toilets daily • Staff pressure wash both exterior and interior 8 Parking Permits • Sale of permits began June 17, 2002 • Cost is $6.00 (January 1- December 31) • Available at most Circle Ks, all H -E -Bs, Wal -Mart at Flour Bluff, and Academy Special Events When necessary additional work hours are scheduled for special events and emergency situations 7 • C -101 C- Sculptures 9 A brochure concerning the seaweed on Gulf Beaches is being distributed locally. Have you noticed the seaweed on Corpus Chrktts Gulf Beaches? 1A�wand Is Wyly M Mink M Se WOOS qW N'. tame Epi k wets the ft MI Ave Rtiw', sail WaA W WO ad a%Wine amino W W.YpapM1ptad opal %Pd.. 1q A a' MOA Mt R[ wined Is Y a0A* {MWAYf A 104e Wm 141ap04e11s n*YY a a am the p m-a'»—^° solphoof *SS* .AIF mbh$1., bar. 00. ..,.. soh WP W I. a *-ft 00 n10npn U1WvN be 10 �IYll�i� ccArty of _ =14 Park & Recreation Discover the Benefits... TM 11 SO WHAT'S ALL THE FUSS ABOUT? As a tourist destination, the Gulf beaches continue to be one of Corpus Christi's most popular attractions. We are faced with perhaps our most difficult challenge: protecting our valuable natural resources while meeting the needs of the beachgoing public and preserving economic growth. The City of Corpus Christi realizes the importance of the beachfront and strongly supports the safety of all visitors and residents and commits to preserving the beaches. Please be tolerant of the seaweed. Although it may be unsightly, its Mother Nature's way of . rebuilding the beach. SEAWEED TRIVIA • In the 1930's, the first major oceanographic expedition to specifically study Sargassum weed was conducted from the famous Woods Hole Oceanographic Institution's Research Vessel ATLANTIS. It's believed the ship called in at Corpus Christi or Port Aransas in 1935. • Some people use the Sargassum as a natural fertilizer. its supposedly good for roses. • Sargassum weed generally doesn't smell as much when it decomposes as do some other types of seaweed found on Atlantic and West Coast beaches. The e xception is when seaweed comes in contact with wet sand. At that 'point the breakdown products that produce hydrogen sulphide are exposed and the odor is bad. Also, sea water that's trapped within washed up seaweed can become stagnant and smell. City of MI Corpus Christi lea ice Information provided by Tony Amos. The University of Texas Marine Science Institute, Port Manses Have you noticed the seaweed on Corpus Christi's Gulf Beaches? The Gulf seaweed is unsightly and it smells. It makes the beaches appear dirty. Some days it seems that it will never go away, as it blankets the sand and can be seen coming onshore in the spring and summer in pods as big as a football field. The seaweed is an annual phenomenon on our Gulf beaches. The ongoing dilemma is what to do with the seaweed. • Do we regularly clean seaweed from the beaches to maintain an aesthetically pleasing environment for our visitors and residents? • Do we leave the seaweed in some areas, using specific maintenance techniques to control erosion, build dunes and keep the seaweed from spreading widely across the beaches where it may negatively affect driving and use of the beach by visitors? The City of Corpus Christi will be doing bothl WHAT'S BEING DONE? Supporting our tourist industry and the efforts of the Texas General Land Office to protect and preserve our Gulf Beaches are both important commitments. Areas of highest visitor use have been identified and are scheduled for priority maintenance on a daily basis. Along with taking care of the seaweed, Beach Maintenance crews clean portable restrooms and pick up litter. Once trash is removed from the seaweed that's washed ashore overnight. the weed is hauled to the sand dunes or buried. The actual frequency of seaweed removal is somewhat dependent on the rate of onshore flow. Keep in mind that once visitors arrive on the beachfront, cleaning the beach poses a safety concern. Therefore, until cleaning resumes early the following morning, the seaweed continues to wash ashore, protecting the Gulf beaches from coastal erosion, but nevertheless, serving as a nuisance to beachgoers. As seaweed accumulates along the shoreline the safety hazard of hidden debris and trash increases. Please be careful when walking across the seaweed. Hidden debris, trash and marine animals may pose a safety hazard if you step on them! WHAT IS IT AND WHERE DOES IT COME FROM? Researchers at the University of Texas Marine Science Institute in Port Aransas say Sargassum weed washes up on our beaches every year. There is no way to predict whether any year will be a "big weed year" or when it will go away. The seaweed that's found on our beaches is called Sargassum weed. It comes from the Sargasso Sea, a free - floating meadow of seaweed almost as large as a continent, lying between the United States and Africa in the North Atlantic Ocean. This floating weed is actually an algae that needs only sunlight, warm water and nutrients to multiply. At sea, it is home to Sargassum fish, shrimp, sea slugs and crabs. Turtles feed on it, large fish use it for shade, and some birds even land on it. Once the weed sinks and dies, its decomposing organic material puts nutrients back into the seawater. The Sargassum travels with the wind and water currents into the Gulf Stream and eventually ends up on the Gulf. Coast When this floating ecosystem washes ashore, the weed provides food for birds and is carried up on the mid -beach area by high tides where it dries out and aids in the dune building process. Mustang Island Mustang Island I State Park ti vi it !� s cili, 0 CITY Access Rd #2 Gulf of Mexico Zahn Rd 0 CITY Access Rd #4 Access Rd #6 0 CITY 0 From Access Rd #6 south 1.7 miles just inside Kleberg County line (annexed April 2002) © From Access Rd #4 north to Zahn Rd © From just south of Access Rd#2 to approx. 4 miles north 27 NO ATTACHMENT FOR THIS ITEM 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION June 25, 2002 AGENDA ITEM: Risk Management Division Quarterly Report / Health Program Comparison STAFF PRESENTER(S): Name Title /Position Department Lee Ann Dumbauld Director of Finance Finance OUTSIDE PRESENTER(S): Name Title Company Keith McNeely Health Care Consultant McGriff, Seibels, & Williams of TX ISSUE: An update on the current status of the City's Health Plans, Workers' Compensation, Auto /General Liability. A brief analysis will be provided by the Health Plan Consultant to compare the current self insured Health Plan with other types of plans. BACKGROUND: The City Health Insurance Program consists of four plans: Citicare /Citicare Basic, Citicare Q -Plus, Citicare Fire, and Citicare Public Safety. In 1999 the City discontinued providing health insurance to employees and retirees on a traditional fully insured basis and replaced it with a program of self - insurance with $150,000 in excess coverage protection (similar to a deductible). As previously reported, a 3% increase will be implemented August 1, 2002, to the Citicare/Citicare Basic, and Citicare Q -Plus plans. In August 2003, the contracts related to the City's health program will expire and proposals will be solicited for renewal. Third Party Administration, Stop /Loss, the Network Provider and the Prescription Company will be "unbundled" for the Request For Proposal (RFP) process. The City has retained a consultant to analyze the City's current self insured program and make recommendations for improvement. Overall, the City's Loss Control Program, which includes Health and Voluntary Benefits, Workers' Compensation, General Liability, Auto Liability, and Property and Casualty have remained financially sound. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. Lee Ann Dumbauld Director of Finance Additional Background ❑ Exhibits ❑ City of Corpus Christi, Texas Risk Management 3rd Quarter Report June 25. 2002 Safety Program Workers' Compensation Auto/General Liability Health Insurance Working together to decrease costs, claims and employee injuries. $4,200,000 $4,000,000 $3,800,000 $3,600,000 $3,400,000 $3,200,000 $3,000,000 All Health Plans Quarterly Comparison Of Revenues and Expenditures Fiscal Year 2002 Cashflow by Year FY2000* $ 129,115 FY2001 7255256 FY2002 878,455 (9 Months) $1,732,826 * Included $1,000,000 transferred in from Self -Insurance Fund. 2 1st Qtr 2nd Qtr 3rd Qtr Fiscal YTD Revenues $4,050,699 $4,125,048 $4,084,886 $12,2601633 Expenditures $3,938,590 $3,476,336 $3,967,252 $11,382,178 Cashflow $1129109 $6489712 $117,634 $878,455 * Included $1,000,000 transferred in from Self -Insurance Fund. 2 $2,800,000 $2,700,000 $2,600,000 $2,500,000 $2,400,000 $2,300,000 $2,200,000 Citicare Quarterly Comparison Of Revenues and Expenditures Fiscal Year 2002 Cashflow by Year FY2000* (4509932) FY2001 FY2002 (9 Months) `Included $1,000,000 transferred in from Self -Insurance Fund. 925,877 130,726 $ 605,671 k" 1st Qtr 2nd Qtr 3rd Qtr Fiscal YTD Revenues $2,625,499 $21671,459 $2,586,206 $7,883,164 Expenditures $2,54921 $2,439,318 $2,767,199 $7,752,438 Cashflow $79,578 $232,141 ($180,993) $130,726 `Included $1,000,000 transferred in from Self -Insurance Fund. 925,877 130,726 $ 605,671 k" $14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $0 Citicare Q -Plus Quarterly Comparison Of Revenues and Expenditures Fiscal Year 2002 Cashflow by Year FY2000 $ FY2001 FY2002 (9 Months) $ 27,095 (1,974) 14,857 39,978 C! 1st Qtr 2nd Qtr 3rd Qtr Fiscal YTD Revenues $10,749 $10,909 $12,376 $34,034 Expenditures $13,106 $1,792 $49279 $19,177 Cashflow ($2,357) $9,117 $8,097 $14,857 27,095 (1,974) 14,857 39,978 C! $600,000 $550,000 $500,000 $450,000 $400,000 Citicare-Fire Quarterly Comparison Of Revenues and Expenditures Fiscal Year 2002 Cashfiow by Year FY2000 $ 456,911 FY2001 FY2002 (9 Months) 164,699 (34,094) $ 587,516 5 1st Qtr 2nd Qtr 3rd Qtr Fiscal YTD Revenues $477,886 $502,475 $5729861 $19553,222 Expenditures $535,217 $490,170 $561,929 $1,587,316 Cashfiow ($57,331) $12,305 $10,932 ($349094) 164,699 (34,094) $ 587,516 5 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Public Safety Citicare Quarterly Comparison Of Revenues and Expenditures Fiscal Year 2002 Cashflow by Year FY2000 $ 96,041 FY2001 FY2002 (9 Months) (363,346) 766,966 $ 499,661 Ell 1st Qtr 2nd Qtr 3rd Qtr Fiscal YTD Revenues $936,565 $940,205 $913,443 $2,790,213 Expenditures $844,346 $545,056 $633,845 $2,023,247 Cashflow $929219 $395,149 $279,598 $766,966 (363,346) 766,966 $ 499,661 Ell Employee Benefits August 1, 2002 Plan Year Citicare Bi -weekly Health Plan Premiums City Rates Current Change 08/01/02 Employee Only $ 82.38 $ 2.77 $ 85.15 Employee/Spouse $132.48 $ 4.27 $136.75 Employee/Children $122.23 $ 3.97 $126.20 Employee/Family $163.46 $ 5.20 $168.66 Employee Rates Current Change 08/01/02 Employee Only $ 10.00 $ 0.00 $ 10.00 Employee/Spouse $ 60.10 $ 1.50 $ 61.60 Employee/Children $ 49.85 $ 1.20 $ 51.05 Employee/ Family $ 91.08 $ 2.43 $ 93.51 Employee Benefits - continued Voluntary Benefit Plans - Added Long Term Care Unum Provident Critical Care Pacific Life Vision Self -Funded Citicare Vision LifeRe Total Vision Dental Self -Funded Citicare Dental Corpus Christi Discount Dental Benefit Plans - To Be Phased Out Health Dental Heart/Stroke & Cancer Citicare Q -Plus Delta Dental American Heritage Employee Benefits - continued Lonq Term Care - Age Graded Premiums Critical Care - Age Graded Premiums Vision Coverage - Bi -Weekly Premiums Lifetime Maximum n/a n/a * Same rate applies to employee plus one child. $1,500 LifeRe Citicare Self -Funded Vision Basic Expanded Employee Only $3.58 $ 7.15 $34.62 Employee/Children --- $11.54 $55.38 Employee/Spouse $5.38 $14.88 $64.62 Employee/Family $7.15 $20.08 $80.77 Coverage Differences Surgical / Lasik 10-30% Not Payable @50% discount covered to max $750/eye Lifetime Maximum n/a n/a * Same rate applies to employee plus one child. $1,500 Employee Benefits - continued Dental Coveracre - Bi -Weekly Premiums Coveraae Differences Orthodontics per 50% 80% Major Dental discount 50% 80% Dental Max Per Year schedule $15000 $2,000 Ortho Lifetime Max $19000 $2,500 * Same rate applies to employee plus one child. 10 C.C. Discount Citicare Self -Funded Dental Basic Expanded Employee Only $1.25 $11.54 $16.62 Employee/Children --- $18.46 $25.85 Employee/Spouse $1.96* $24.00 $33.23 Employee/Family $3.55 $32.31 $45.23 Coveraae Differences Orthodontics per 50% 80% Major Dental discount 50% 80% Dental Max Per Year schedule $15000 $2,000 Ortho Lifetime Max $19000 $2,500 * Same rate applies to employee plus one child. 10 Workers' Compensation Outstanding Reserves at 4/30/02 by Year of Claim $4,000,000 $3Y5001000 Fund Balance . $ 4,644,366 (4,5431536) Cash & In -,—Reserves $310009000 FY01/02 (9 Wnths) $ 100,830 Fund Balance $2,500,000 $2,375,885 $3,696,522 $2,476,982 $2,000,000 $10,291,615 Total Paid $1,500,000 $2,260,221 $3,262,809 $1,000,000 $7219782 $8,346,284 $500,000 $114,198 $115,664 $0 $375,510 $906,246 * 4 Claims for years prior to FY99 included as a net number in Outstanding @ 4/30/2002. 11 Pre-FY99 * FY98/99 FY99/00 FY00/01 FY01/02 (9 Wnths) Total Total Incurred $114,198 $2,375,885 $3,696,522 $2,476,982 $1,628,028 $10,291,615 Total Paid $2,260,221 $3,262,809 $2,101,472 $7219782 $8,346,284 Outstanding @ 4/30/2002 $114,198 $115,664 $433,713 $375,510 $906,246 1 $1,945,331 * 4 Claims for years prior to FY99 included as a net number in Outstanding @ 4/30/2002. 11 Workers' Compensation Departments With Most Incidents Five Year Analysis 400 350 -a = 300 4. G 250 L 200 7 Z 150 100 12 FY97/98 FY98/99 FY99/00 FY00/01 FY01/02 (Projected) Fire 136 175 193 207 183 Police 294 292 301 338 373 Solid Waste 274 228 266 188 184 12 General Liability & Auto Outstanding Reserves at 4/30/02 by Year of Claim Fund Balance ',753,233 ;,142,150) ,611,083 13 General Liability & Auto Departments With Most Incidents Five Year Analysis 250 U) 200 .v = 150 4- C 100 L m 50 Z 0 14 FY97/98 FY98/99 FY99/00 FY00/01 FY01/02 (Projected) Streets 236 196 182 195 163 Police 168 169 187 184 163 Solid Waste 54 48 68 83 113 Water 167 207 138 98 83 14 Health Plan Review ➢ State of the Market Place ➢ Benchmarking Analysis ➢ City of Corpus Christi Utilization/Savings ➢ Opportunities ➢ Recommendations 15 State of the Market Place ➢ Health benefit cost expected to rise 12.7% in 2002. ➢ Non -controlled prescription drugs plans trending at 18-25%. ➢ Cost shifting a cost containment strategy. ➢ Fewer national players; concern about local carriers, and managed care organizations (MCO's). 16 State of the Market Place -continued Factors Driving Trend Increases Demographics: ➢ Aging workforce ➢ Higher utilization Providers: ➢ Offering less contracted discounts. 17 $6,000 $5,000 $4, 000 $3,000 $2,000 $1,000 $0 Benchmarking Analysis Annual Health Care Cost Per Employee - National Averages $5,549 1995 1996 1997 1998 1999 2000 City of 2001 City of Corpus Corpus Christi Christi FY01 /02 FY02/03 (Projected) 2002 Projected In $5,000 $4,000 Benchmarking Analysis Preferred Provider Organizations Average 2001 Plan Cost Per Active Employee $2,000 $1,000 $0 Public South Citicare Citicare Entity Region Last Projected 12 Months 2002-2003 Source: Mercer Foster -Higgins Survey of Employer -Sponsored Health Plans 119 $6,000 $5,000 Benchmarking Analysis City of Corpus Christi Average Plan $1,000 Participants * Citicare Citicare Citicare Citicare Citicare Citicare Basic Q -Plus Public Fire All Safety Plans 1,975 65 3 456 356 21855 Public All Entities Employers (Private & Public) " Does not include retirees. 20 $500 $400 $300 $200 $100 $0 Benchmarking Analysis Preferred Provider Organizations Average Individual Deductible National Comparison (Does not include hospital or out-patient deductible) Citicare Citicare Citicare Citicare Public All Q -Plus Public Fire Entities Employers Safety (Private & Public) 21 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $0 Benchmarking Analysis PPO Average Individual Out -of -Pocket Maximum Citicare Citicare Citicare Citicare Public All Q -Plus Public Fire Entities Employers Safety (Private & Public) 22 Utilization / Savings City of Corpus Christi Claims Utilization Hospitalization Out -Patient Services Physician Services Diagnostic X -Ray Wellness Other Therapy Prescriptions Expense $0 $500,440 $1'400,000$1'S4p,000$2,000 ,000$2,500 ,000 $3'400440 ■ Utilization Chart Out -of -Network M Utilization Chart In -Network 23 Utilization / Savings City of Corpus Christi Percentage of Claim Dollars Other 1% fellness 2% 24 96% Utilization / Savings City of Corpus Christi In & Out of Network Cost In -Network 4% ■ Out -of -Network 25 Utilization / Savings City of Corpus Christi PPO Savings vs. Total Claims Submitted Therapy Other Wellness Diagnostic Physician Out -Patient Hospital- Total X -Ray Services Services ization Costs KII Employers Strategies for Controlling Health Care Costs Plan Design Changes - 44% Limiting health plan choices - 6% LIMA ng with lower t health plans - 24% Raising employee contributions -15% her -11 % Source: Deloitte & Touche, Integrated Health Group, Business & Health, 2000 27 Which employer -initiated cost sharing strategies have you implemented or are considering implementing? 1 Increase Increase Tiered Increase Increase Employee Employee Employee Pharmacy Copay Employee Pay -All Premium Rx Copay Offering Deductible Option Strategies: Employers are more likely to increase employees' share of the cost of health care benefits, rather than cut benefits. Opportunities Self Funded Alternatives ➢ Third Party Administrator Analysis ➢ National Carrier —Administrative Services Only Program ➢ Defined Contribution Health Plan Pharmacy Alternatives ➢ Explore Pharmacy Benefit Managers based on: • Utilization Patterns • Average Wholesale Price Discounts • Rebates • Specialty Pharmacy Services 29 Recommendations The City of Corpus Christi's self-funded medical benefits annual program costs are currently lower on a per employee basis than national employers and public entities. Recommendations es for all ➢ The City should continue to self -fund the medical plan either through a Third Party Administrator option or insurance carrier. ➢ Negotiate with health networks for continual strong discounts and savings. 30 Recommendations - continued ➢ Explore options on plan design changes and contribution strategies to help mitigate trend increases: • Wellness Programs/Predictive Modeling • Disease Management/Focus on Large Claimants • Employee Education/Better Medical Consumers ➢ Continue to Self -Fund Medical Program 31 Other Regional Self -Funded Public Entities ➢ Corpus Christi ISD ➢ City of Dallas ➢ Nueces County ➢ City of Houston ➢ Port of Corpus Christi ➢ City of Austin ➢ City of Garland ➢ City of Beaumont ➢ City of Mesquite ➢ City of San Antonio ➢ City of Bryan ➢ City of College ➢ City of San Marcos Station 32 29 CITY COUNCIL AGENDA MEMORANDUM June 25, 2002 AGENDA ITEM: Motion approving the recommendation to continue the Self- Funded Health Program structure. ISSUE: The City of Corpus Christi's Self Funded Health Program, as outlined in the Benchmarking Analysis prepared by Keith McNeely, Health Program Consultant, continues to stabilize. In comparison to national averages, the cost of health care per employee is lower. Utilization of health care benefits continue to reflect the high volume of in- network services, with prescriptions and in- patient hospitalization being the highest percentage of claim dollars. The existing contracts which make up the Health Program will expire August 1, 2003. Therefore, it is necessary to determine the future structure of the Health Program. REQUIRED COUNCIL ACTION: Council action is required to approve the continuation of the Self- Funded Health Program. PREVIOUS COUNCIL ACTION: 1999 - City discontinued providing health insurance to employees and retirees on a fully insured basis and replaced it with a program of self- insurance with $150,000 in excess coverage protection (similar to a deductible). FUNDING: Operating Budget Fiscal Year 2003 - 2004. CONCLUSION AND RECOMMENDATION: Staff and the Health Program Consultant recommend approval of the motion to continue the Self Funded Health Program structure. LeW'Ann Dumbauld Director of Finance 30 CITY COUNCIL AGENDA MEMORANDUM Date: June 25, 2002 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to implement the Animal Care and Control Division Action Plan. ISSUE: Intense media attention has focused on the use of carbon monoxide gas to euthanize impounded, donated, sick and injured animals. As requested by Council, this report focuses on Lethal Injection Euthanasia as an alternative to the current gas chamber method. In preparation for euthanasia by lethal injection, staff performed an in -depth review of all ACCD operations. A comprehensive report resulted that will allow future animal care and control operations to effectively manage animal populations within the city and provide efficient services to our citizens. The information in this report is gathered through interviews of ACCD personnel, site visits to the Corpus Christi Animal Shelter, visits to the City of Houston and City of Austin Animal Shelters, review of ordinances and statutes, review of past audits, customer interviews and specific animal records. This report is presented to provide a detailed discussion of issues facing the ACCD, and to set the course of action the City will implement to improve the operations of the Animal Care and Control Division. REQUIRED COUNCIL ACTION: Motion authorizing the City Manager, or his designee, to implement the Animal Care and Control Division Action Plan. FUTURE COUNCIL ACTION: Motion authorizing the City Manager, or his designee, to implement revisions or additions to City Ordinance, governing animal care and control. dr.) M/b, MPH Ardys B ostrom, M.D., M.P.H. Acting Director of Public Health AGENDA MEMORANDUM BACKGROUND INFORMATION Corpus Christi, Texas (population 280,228) is located in Nueces County, which has a population of 318,000. Animal Care and Control Division is responsible for pick up and receipt of stray animals that could cause human injury, automobile accident, damage to property or spread of disease within the city limits. Animal Control and Care Division (ACCD) operates on a budget of $805,434 and is charged with enforcing City Ordinances and State laws pertaining to animal care and control. During fiscal year 2001, ACCD picked up, contained and euthanized seventeen thousand twenty -seven (17,027) dogs and cats. Of this 17,027, five hundred sixty nine (569) were transferred to shelters operated by local animal rights and rescue groups. Seven hundred forty -two (742) were returned to their owners and three hundred sixty -nine (369) were adopted. The remaining fourteen thousand five hundred forty -one (14,541) were euthanized. Overpopulation of animals will continue in Corpus Christi unless a comprehensive animal care and control program is developed with the City of Corpus Christi, community partners, and private citizens as participants. In addition to animal population issues, over the past year ACCD has been the focus of several articles regarding euthanization and the humane treatment of animals. ACCD presented a report to Council, at which time Council requested information regarding the feasibility of converting the euthanasia process from carbon monoxide gas to lethal injection. The primary focus of a comprehensive plan to address additional issues raised during the feasibility study will shift the Shelter from a euthanization center to an adoption center that will only euthanize those animals that are sick, injured or deemed unadoptable. The form of euthanization will be lethal injection. 3 Corpus Christi City Council Direction Feasibility Study of Lethal Injection Euthanasia Implementation Animal Care and Control Action Plan Corpus Christi Animal Care and Control Division (ACCD) Program Jorge G. Cruz-Aedo Assistant City Manager Ardys Boostrom, M.D., M.P.H Acting Director of Public Health Corpus Christi City Council Direction Feasibility Study of Lethal Injection Euthanasia Implementation Animal Care and Control Action Plan Presentation Current Program New Facility Lethal Injection Euthanasia Spay & Neutering Program Adoption Program Improved Efficiencies in Operations ACCD incurred $805,434 in operating )sts controlling the animal population of Corpus Christi during FY 2001. During that twelve month period, ACCD picked up, received and contained more than 17,027 dogs and cats. Of these 17,027 animals, less than 3% were adopted; 97% were euthanized. Animals not adopted or returned to their owners are currently euthanized Carbon Monoxide Gas. The ACCD facility at iiia Navigation Blvd is over twenty -live (25) years old and has exceeded its operational lifespan. A new facility is being built on Holly Street and should be operational December 2002. Four (4) initiatives will improve the delivery of services by ACCD. New Initiatives Lethal Injection Euthanasia for Domestic Animals Spay and Neutering Program Adoption Program Improved Efficiencies in Operations Budget Impact FY 2002/2003-$150,000 Low Cost Spay/Neutering $20,000 Two Additional ACO's $41,964 Lethal Injection Euthanasia $1o,000 Shelter Operational Expenses $8,036 Lethal Injection Euthanasia Implementation at the approximate cost of 590 per twenty-five pound or less animal. Training provided free of charge by the Houston Animal Control Division. Spay and Neuter Coordination with Local Veterinarians. Options: Low Cost Spay/Neuter Vouchers Free Programs Adoption Designate two AC Officers from current staff to serve as Adoption Counselors. Increase detainment period on adoptable animals. Place l00% of adoptable animals. Operations Customer Service Training for Employees Volunteer Program Changes to Ordinance Customer Service Transfer of Telephone Calls for service delivery to UBO Revise facility hours of operation to include weekend hours Monitor performance with Customer Service Survey Employee Training Customer Relations Euthanasia by IV injection Stress in Animal Care and Control Volunteer Program Partnership with Community Volunteer Coordinator Adoption Promotion Responsible Pet Ownership Changes to Ordinance License Fees Breeding of Animals Sale of Dogs/Cats on Street Corners Control of Animal Population Humane Treatment of Animals Intense Public Education Dedication of Volunteers Strong Community Leadership Acknowledgements Alisa Ansley Joann Dominguez Homer Martinez UBO Staff Financial Services Staff Budget Staff ACCD Staff Animal Control Coalition Veterinary Association ACCD Advisory Board CITY OF CORPUS CHRISTI ANIMAL CARE AND CONTROL DIVISION REVIEW AND ANALYSIS Prepared by: Jorge G. Cruz -Aedo, Assistant City Manager Ardys Boostrom, M.D., M.P.H. Acting Director of Public Health June 25, 2002 4 Governance The laws of the State of Texas and the City's Code of Ordinances, Chapter 6 govern the Animal Care and Control Division (ACCD). The original ordinances for ACCD were adopted in 1958. ACCD has jurisdiction and responsibility for the following: 1. Enforcement of City Ordinances and State Laws pertaining to all animals, including fowl and livestock, and the public health. 2. Operation and maintenance of the ACCD facility to provide humane treatment to all animals in the City's care. 3. Provision of education to public schools, civic groups, and the general public, in order to promote responsible pet ownership and humane treatment of all animals. 4. Impoundment of wild and domestic animals. 5. Maintenance of kennels. 6. Pick up and disposal of dead animals and animals in traps. 7. Placement of adoptable animals. 8. Return of lost animals to owners, if tagged. 9. Commercial permits. 10. Special event permits e.g., circus, rodeo, or carnival. 11. Inspections of neglected, abused or exotic animals. 12. Cruel or unsanitary conditions. 13. Prevention of rabies. 14. Bite case and rabies control. 15. Euthanization of sick or injured animals for reasons of mercy. 16. Citations and Court appearances. Organization The ACCD reports to the Director of Public Health and is managed by the Animal Control Supervisor. ACCD operates with a staff of nineteen (19). These include the following: One (1) Supervisor Responsible for the overall operations of the Animal Control Facility and activities involving the collection, impoundment, and care of animals; enforcement of animal control ordinances including the control of rabies and other animal diseases; the apprehension of stray animals; the handling of animal licenses; administration of office facility; and the supervision of assigned personnel. Five (5) Animal Control Officer I (ACO I) ACO I performs routine duties in caring for impounded animals; maintains kennels, building, equipment and other areas of the Animal 5 Control facility; picks up dead animals throughout the City and picks up animals in animal traps. Ten (10) Animal Control Officer II (ACO II) ACOII enforces animal control ordinances by investigating violations, animal attacks and biting incidents, and impounds stray, diseased and unlicensed animals. Three (3) Administrative Support Positions comprised of one (1) Office Assistant I and two (2) Office Assistant II. Office Assistant I performs duties of a Senior Clerk in the Animal Control Division including complex, varied and /or specialized dispatching, clerical, record keeping, classifying and recording complaints and /or inquiries of the Animal Control Facility. Office Assistant II performs general clerical and data entry duties in support of a department; files and distributes a variety of documents; answers telephone and responds to requests for information; provides general support and assistance to assigned supervisor. The Health Department operates as the Corpus Christi - Nueces County Public Health District with separate city and county budgets as well as state grants. The County Animal Control Division operates under the Director of Public Health as a separate facility serving the area outside of the City of Corpus Christi, except Robstown. The Health Director also manages six other divisions: Environmental and Consumer Health Health Education Laboratory Nursing Vector Control Vital Statistics Advisory Committee Membership The Animal Control Advisory Committee was established in 1978 to advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures, policies and facilities. The jurisdiction and actions of the board are advisory only and the Board reports to the Director of Public Heath. The Advisory Committee is required to meet once a month. Members of the Advisory Committee serve for terms of three (3) years and are appointed by City Council, with one (1) member required to be a Veterinarian. 6 Current members of the Corpus Christi Animal Advisory Committee are: Gail Hoffman —Chair Leonides Botello —Vice Chair Denny Bales Chris Cooper Sherry Dunlap Dr. Alan Garrett Susan Theim Facilities and Maintenance The existing facility is old and has not been maintained at an acceptable level. The facility is not designed for customer interaction with animals and has had problems with ticks and fleas. A new facility is being built on Holly Street and should be operational in December 2002. The existing facility is located at 1111 Navigation; the current facility has five (5) sick animal kennels, thirty-five (35) large dog kennels, twenty-nine (29) bite case kennels, thirty -five (35) small dog kennels, thirty -eight (38) cat cages and eight (8) half kennels for fowl. The new facility will contain twenty (20) sick animal kennels, thirty -two (32) large dog kennels, forty (40) bite case kennels, twenty -six (26) kennels for adoptable animals. Thirty-eight (38) cat cages from the current facility will be transferred to the new facility. Additional cages will be made to accommodate kittens and smaller cats. The new facility will also include a customer service area, larger animal work area, and the addition of a euthanasia workroom. Standard Operating Procedures The ACCD collects cash for licenses, impoundments, fines, traps and specimen collection for rabies testing. The average week generates collections of $939 for impoundments (includes adoptions), $1814 for licenses, $59 for traps and $20 for specimen collection. No material discrepancies were found in a recent review of these procedures. However, several collateral issues were noted: 1. Several employees shared cash drawers. 2. Reports, license tags, various forms and reports were placed in disarray on the customer counter. 3. Licenses dating to 1999 had not been entered into the Chameleon system. 4. Currently, the facility accepts neither credit nor debit cards and all transactions are made via cash or check. A review was conducted of the operating procedures in place at the Animal Shelter. Although operating procedures are in place for shelter operations, the procedures have not been updated since the mid - nineties and do not reflect changing customer 7 service requirements or program requirements. These deficiencies have led to animals being lost or tracked incorrectly by ACCD. Additionally, there is a backlog of administrative issues, which also contributes to inefficient operations. Below are the current hours of operation at the Facility: Current Hours of Operation Open to Public 9:30am — 7:00pm Monday - Friday Incoming animals 7:00am — 7:00pm Monday - Friday Adopting and reclaiming animals 9:30am — 7:00pm Monday - Friday Office 8:00am — 7:00pm Monday - Friday Field 24 -hour 365 days /year Customer Service The volume of citizen complaints to the City over the last several years establishes that deficiencies exist in the ACCD. City Staff of UBO conducted a survey at the ACCD on May 22 and 23, 2002 to understand the cause of these complaints. Staff determined the volume, type, and response to citizen calls to ACCD. An average day would probably consist of the following types and volume of calls: Euthanasia Animals are currently euthanized by use of carbon monoxide gas. The chamber is an enclosed, freestanding vault housed within a detached corrugated steel building. Animals are enclosed within wire holding baskets. The baskets are inserted into the vault and the vault is sealed. Once the chamber is activated, the cycle is automatic. The gas flows for two (2) minutes and the chamber remains sealed for forty-five (45) minutes. The chamber used to euthanize animals is approximately seven (7) years old, with a lifespan of approximately fifteen (15) years. A cylinder of carbon monoxide gas is $51.47 and one (1) cylinder can cycle the chamber approximately two (2) weeks using the chamber four (4) times a day. The number of animals euthanized during one (1) run of the chamber depends on the size and demeanor of the animal. Approximately four (4) large dogs can be euthanized during one (1) cycle of the chamber. A minimum of two (2) staff members is required to operate 8 Traps: possums, cats, raccoons 29 Dead animals 32 Loose dogs 36 Dog bites 2 Cat bites 1 Miscellaneous: snakes, ducks, seagulls 5 Information 24 Personal 8 Euthanasia Animals are currently euthanized by use of carbon monoxide gas. The chamber is an enclosed, freestanding vault housed within a detached corrugated steel building. Animals are enclosed within wire holding baskets. The baskets are inserted into the vault and the vault is sealed. Once the chamber is activated, the cycle is automatic. The gas flows for two (2) minutes and the chamber remains sealed for forty-five (45) minutes. The chamber used to euthanize animals is approximately seven (7) years old, with a lifespan of approximately fifteen (15) years. A cylinder of carbon monoxide gas is $51.47 and one (1) cylinder can cycle the chamber approximately two (2) weeks using the chamber four (4) times a day. The number of animals euthanized during one (1) run of the chamber depends on the size and demeanor of the animal. Approximately four (4) large dogs can be euthanized during one (1) cycle of the chamber. A minimum of two (2) staff members is required to operate 8 the chamber effectively. The City of Corpus Christi and the City of San Antonio are the only metropolitan cities within the state of Texas that use carbon monoxide gas for euthanasia. The majority of cities in Texas, as well as cities nationwide, use lethal injection as their primary form of euthanasia. Community Partnerships (Pet Partners) The City of Corpus Christi has employed an animal education specialist to develop a comprehensive animal education program and partner with community groups to address issues related to humane treatment of animals within the community. Current partners who have formed a Pet Advocate Coalition include: GULF COAST HUMANE SOCIETY PALS PEEWEE'S CCARE LOST PET HOTLINE FERAL CAT CARE SOCIETY PEOPLE AGAINST CRUELTY TO ANIMALS KENNEL CLUB Operating Budget 9 FY1999 Actual FY2000 Actual FY2001 Actual FY2002 Budget Revenues Licenses, permits, and fees $ 213,045 $ 250,250 $ 166,316 $ 204,905 General Fund contribution Total Revenues Expenditures Personal services 608,154 594,947 509,261 569,377 Operating expenses 270,332 233,021 246,923 230,970 Depreciation 63,346 30,128 0 0 Operating transfer out 66,488 2,927 3,515 5,087 Total Expenditures $1,008,320 $861,023 $759,699 $805,434 Expenditures over revenues $(795,275) $(610,773) $(593,383) $(600,484) 9 Recommendations Staff at the ACCD has a sincere desire to serve the community and treat animals humanely. Although the primary Council issue this report addresses is the manner in which the City euthanizes animals, this report also addresses all aspects of ACCD operations. The information generated in this report was gleaned through intense review of ACCD operations; staff visits to Shelters in Houston and Austin, discussions with ACCD employees, area veterinarians and local animal rights groups. One hundred fifty thousand dollars ($150,000) has been added to the FY 2002 -3 General Fund Budget for improved ACCD operations. Of this $150,000, twenty thousand dollars ($20,000) will fund the implementation of a low cost spay /neuter program. It has not been determined if this program will run via voucher or direct pay. Ten thousand ($10,000) will be allocated to Lethal Injection Euthanasia supplies. Two additional Animal Control Officers will be added to staff at an annual cost of $41,964 and $78,036 will be allocated for new shelter operations. Managerial staff has identified four (4) separate initiatives that should improve the delivery of services at ACCD. The four initiatives are: Lethal Injection as the Primary Source of Euthanasia for Domestic Animals Spay and Neutering Program Adoption Program Improved Efficiencies in Operations The following steps will be taken to address these four (4) initiatives of ACCD and are included in the Proposed Budget for fiscal year 2002/2003 as currently submitted by the Budget Office. Lethal Injection Euthanasia for Domestic Animals Much of the focus has been on the use of carbon monoxide gas for the euthanization of domesticated animals. As noted above, Corpus Christi and San Antonio are the only Texas metropolitan areas that still use this form of euthanization. ACCD presented a model to Council that reflected the comparative costs between lethal injection euthanasia and carbon monoxide gas. At that time, it was deemed more cost effective to continue with carbon monoxide gas as the primary euthanization source. However, after much research including visits to the City of Houston and the City of Austin's Animal Shelters, we were able to locate sources that provide the supplies for lethal injection euthanasia at a substantially lower cost than originally presented to Council. 10 Vortech Pharmaceuticals, a Michigan company, currently supplies injectible euthanasia medications to the Houston Animal Control Facility. The City of Houston provided a point of contact within Vortech Pharmaceuticals and the City was able to negotiate a lowered price for these supplies. ACCD will implement total lethal injection for all animals except wildlife. Based on figures provided by Vortech Pharmaceuticals, the approximate cost of materials to implement this option will be 59¢ per twenty -five (25) pound or less animal (euthanasia medication 37¢, syringe 22¢). John Nix, Division Manager, Bureau of Animal Regulation and Care, City of Houston, has offered free training to ACCD staff by Houston veterinarian Dr. Harris. This training is recognized by the Texas Department of Health. The following equipment is needed for the euthanasia procedure room at the new facility: Equipment Needed: a. V -top stainless steel surgical table with hydraulic lift. $2200.00 b. One hundred (100) 250ML units of Serum Fatal Plus Animal Euthanasia $3795.00. One 250ML unit of Serum Fatal Plus Euthanasia will humanely euthanize one hundred (100) twenty-five pound or less animals. c. Disposable syringes and needles: 10cc syringe /needle $22.00 per 100. d. Biohazard sharps containers in facility and vehicles. e. Overhead surgical lighting Spay and Neutering Program In the United States, there are over seventy thousand (70,000) dogs and cats born each day. Comparing this number to the ten thousand (10,000) human births, it is apparent that even if every man, woman or child were to adopt an animal, there would still be a surplus. At this time the total dog /cat population in the city of Corpus Christi is unknown, however estimates vary between one hundred twenty five thousand (125,000) to one hundred eighty thousand (180,000). However, it is evident that there is overpopulation. Indicators include requests for dead animal pick -up, calls for assistance with stray or unrestrained animals within the City, and the number of animals that must be euthanized. Twenty thousand dollars ($20,000) has been allocated from the FY 2002 -3 budget to begin a low cost spay and neuter program. Negotiations are in progress to implement an exchange system with area veterinarians. The City will continue to provide free "dead- animal pickup" from area veterinary hospitals and clinics in 11 exchange for spay or neutering services. Those veterinarians who choose not to participate will be charged for animal pick -up. During the month of April 2002, ACCD picked up a total fifty -eight (58) expired animals from these facilities. A Requisition for Proposal to accept bids to provide veterinary services to ACCD will be presented to council within ninety (90) days. The successful bidder will perform sterilization operations as well as vaccinations and routine examinations of impounded and received animals to prepare them for adoption. Texas State law requires that adopted animals be sterilized. Adoption Program As noted earlier, during FY 2001, the facility adopted three hundred sixty nine (369) of the seventeen thousand four hundred fifty -one (17,451) animals in residence, less that 3% of all animals impounded or donated. ACCD does not currently have a dedicated adoption program and adoptable animals are transferred to other shelters operated by animal rights and rescue groups. Although these groups attempt to place as many animals as possible, they are limited on the number of animals they can accept. Future ACCD policy will emphasize 100% placement of adoptable animals. The following steps will be implemented to attain this goal. 1. Designate two (2) Adoption Counselors from current staff to champion and manage the adoption program. 2. Identify adoptable animals and work immediately for 100% placement of those animals. 3. Creation of a website, with links to Pet Partners, to promote adoption. It is critical that volunteers staff this operation, because City funds will not be allocated to its maintenance and upkeep. 4. Develop an extensive volunteer program to improve the quality of life and humane treatment of animals within the shelter. 5. Provide an area for potential adopters to interact with pets. Operational Improvements This comprehensive report broaches not only the implementation of lethal injection euthanasia, but operational improvements that will make ACCD more efficient. The focus of these improvements center around additional personnel, revised operating hours and improved customer service. The following changes to ensure the highest quality of services to the citizens of Corpus Christi: Personnel 1. Appoint two (2) additional ACO's. One ACO I and one ACO II. Annual Cost: $41,964. 2. Train all staff in customer service and basic skills training. An annual training 12 component for each staff member will be defined and implemented. 3. Formulate an on -going training syllabus for all staff to include but not be limited to the following topics: a. Euthanasia by I.V. injection – All kennel /ACO's b. Customer Relations – All Staff c. First Aid – All Staff d. Use and Safety in the use of Pesticides /Other chemicals – All Staff e. Safety First – All Staff f. The Psychology of Euthanasia – Kennel / ACO's g. Sensitivity Training – All Staff h. Communicable Diseases – All Staff i. Pride /Motivation in the Work Place – All Staff j. Understanding their Charges – Owner Grief /Anger – All Staff k. Stress in this Environment – All Staff 4. Partner with state veterinary schools for needed training. Facility Hours In order to provide optimum service it is necessary to revise facility hours of operation. Anticipated hours of operation will be: Monday- Sunday 7:00am – 7:00 pm Employees will be scheduled four (4) ten -hour staggered work shifts. Wednesdays will provide full staffing of facility to allow for additional cleaning/training/organization. Open to public: Monday- Friday 10:00 – 6:00 pm Saturdays 12:00 – 5:00 pm Customer Service To improve community relations and the level of customer service provided by ACCD, all calls will be transferred to UBO, which already has the necessary trained customer service staff and system for tracking calls and dispatching. The projected transfer date is July 1, 2002, pending transfer of phone lines by SBC. Community input is invaluable for gauging the quality of service being provided to the community and the perception of ACCD and the City as a whole. The following items will be instituted to ensure an acceptable level of customer service: 1. Provide each customer with a Customer Service Surveyto be completed and returned to the Health Director for monitoring and quick intervention on problem issues. 2. Track calls through the powerful GIS system so that problem areas can be targeted for education and management; 3 options— Maximo, modify Storm 13 Water software, HTE complaint tracking. 3. Utilize Chameleon program to link ACCD with local vets to provide real -time updates and information on all tagged animals. 4. Use utility bill inserts to promote an aggressive citizen education and adoption program and partner with the schools systems to provide information for children and their parents. 5. Publish all printed materials in both English and Spanish. 6. Use the City's website to provide important information to citizens in both English and Spanish. 7. Aggressively promote the importance of tagging pets with owner information. Recommended Ordinance Revisions The following is a list of fees and ordinances currently in effect governing ACCD. Careful review of these ordinances and fees brought to light the need for additional ordinances and /or revisions to existing ordinances as well as an adjustment to the license fees currently collected by ACCD. Below is the fee structure currently in place and the recommended increases. The City of Houston is the model for the new fee structure: License Fees Current Amount Proposed Amount Altered Pet License $3.00 $10.00 Unaltered Pet License $10.00 $25.00 Senior Citizen Altered Pet N/A $2.00 Certified Assistant Fee Free $2.00 Dangerous Dog License $50.00 $50.00 Late Fee N/A $10.00 * Renewal processing fee of $2.00 each subsequent year. City Ordinances are in place to protect the citizens of Corpus Christi, their property and to control the spread of disease that can be transmitted by feral or stray animals. Below are lists of ordinances that address animal control. Sec. 6 -10 mandates license of any dog or cat over four (4) months of age. The current annual tiered license fee does not provide sufficient incentive to spay or neuter an animal. It is recommended that unaltered pets license fees be increased and that a senior citizen altered pet license fee be established. Sec. 6 -18 sets a commercial fee for breeding animals for sale. No penalty exists to enforce a breeding permit. In addition, there is no ordinance to address the selling of dogs and cats on street corners or in flea markets. It is recommended that the current ordinance be revised to address 14 these issues. Sec. 6 -34 mandates that the City of Corpus Christi allows six (6) pets and a maximum of fourteen (14) animals upon any premise with proximity restrictions related to other property owners and food establishments. It is recommended that the ordinance be revised to limit owners to three (3) unaltered dogs or cats over the age of six (6) months unless a kennel license is obtained. City Ordinances pertaining to animal control will be further reviewed and prospective admissions and revisions will be submitted to Legal for assessment. Proposed revisions drafted by Legal will be presented to Council with ninety (90) days. 15 31 CITY COUNCIL AGENDA MEMORANDUM Date: June 21, 2002 AGENDA ITEMS: A. 1. Motion to amend franchise to Texas Cable Partners Inc. prior to second reading. A. 2. Ordinance granting to Texas Cable Partners, Inc. (Time Warner) a non - exclusive franchise to construct, maintain, and operate for a period of fifteen years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights -of -way, easements, highways and other places in the City of Corpus Christi, Texas. B. 1. Motion to amend Master Cable Services Regulatory Ordinance amendment prior to second reading. B. 2. Ordinance amending the Master Cable Services Regulatory Ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights -of -way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services C. 1. Motion to amend ClearSource franchise amendment prior to second reading. C. 2. Ordinance amending ClearSource franchise to require cablecasting of Public, Educational and Government access channel programming within 30 days of effective date. D. 1. Motion to amend Ordinance approving transaction between ClearSource, Inc. and Grande Communications Holdings, Inc., prior to second reading. D. 2. Ordinance approving transaction between Clearsource, Inc. and Grande Communications Holdings, Inc., subject to requirements. BACKGROUND: On May 20, 2002, the Cable Communications Commission passed the following motion 3 -1: That the Cable Communications Commission strongly recommends that the City Council continue the public access channel, continue the public access studio, and revise the proposed rule requiring two public access program tapes, and failing these changes to the franchise, that the Council reject the franchise. On May 21, 2002, the City Council adopted the above ordinances on first reading. On June 10, 2002, staff met with cable operators, public access channel users and religious access channel users to discuss the proposed rules. Over 50 people were in attendance. The concern regarding the two -tape requirement was that the quality of the program would diminish with each copy. However, upon further discussion, there was consensus that making one copy of a tape would not significantly reduce the quality. The access users at the meeting also made a number of suggestions that were incorporated into the revised rules and procedures. 1 On June 17, 2002, the Cable Communications Commission met to review proposed changes to the rules and made additional modifications. The rules before you today (included as attachment to the Master Cable Services Regulatory Ordinance) reflect general consensus of those in attendance at the meetings. Staff met with cable operators regarding donation of equipment and grant for public access. In lieu of the $50,000 grant in year 7 of each franchise for government access equipment and facilities, each cable operator will provide $3,500 per year for public access equipment and facilities. Additionally, a variety of studio equipment including some editing equipment is being donated to the City. The City Council agenda material from the first reading on May 21, 2002 is in the CARS packet for your review. The materials contained here are the redlined versions between first and second readings. t tea= U - Mark McDaniel Office of Management and Budget Director 2 Agenda Item A A.1. Motion to amend the Texas Cable Partners, Inc. (Time Warner) franchise prior to second reading. A.2. Ordinance granting to Texas Cable Partners, Inc. (Time Warner) a non - exclusive franchise to construct, maintain, and operate for a period of 15 years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights -of -way, easements, highways and other places in the City of Corpus Christi, Texas Background of Changes in Second Reading: Institutional Network (Section 6.1): Time Warner agrees to provide two strands of fiber connections to 30 requested city facilities within one year of effective date of franchise (by August 25, 2003) instead of within 24 months of effective date Public Educational and Governmental Access (Section 6.2): - In lieu of providing $50,000 in year 7 of the franchise for additional governmental access equipment and facilities, Time Warner will provide capital support grants for public access equipment and facilities of $3,500 for each year of franchise. Clarification that total of six channels are available for public, educational and government access. Time Warner will give the City certain editing and production equipment currently utilized in the studio. A list of equipment is attached. - Time Warner will continue its current public access obligations until effective date of franchise (i.e. until August 25, 2002). Thereafter, Time Warner will provide playback services, scheduling and make copies of tapes to give to other franchised operator for 90 day transition period (i.e. from August 25, 2002 until November 24, 2002) for fee of $1,000 /month. (City will receive this payment from ClearSource/Grande per their franchise amendment.) - Beginning Monday November 25, 2002, the City and/or access user groups will be responsible for scheduling public access channel, and the Rules and Procedures for Public Access Channels will take effect. Time Warner's obligation for public access channel after November 25, 2002 will be to provide playback services ( "plug and play "). - Time Warner's obligations for public and government access playback will continue so long as (1) the other franchise operators are providing same within 120 days from effective date of franchise (i.e. by December 25, 2002) or (2) City has commenced proceedings against other operator for noncompliance. 3 Additionally, "political candidate" was removed from definition of commercial programming (section 1.2) as clarification. Attachment: Franchise as amended between first and second readings Equipment list Recommendation: Adopt the Ordinance as presented on second reading. 4 Agenda Item B B.1 Motion to amend Master Cable Services Regulatory Ordinance amendment prior to second reading B. 2. Ordinance amending the Master Cable Services Regulatory Ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights -of -way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services Background of Changes in Second Reading: 1. Rules and Procedures for the Public Access Channels (Exhibit A to the Master Ordinance): On June 10, 2002, a meeting was held with the public access channel users and religious access channel users to discuss the proposed Rules and Procedures for the Public Access Channels. Over 50 people attended. The rules were discussed section by section and several changes were requested. The proposed rules and changes were reviewed during meeting held by the Cable Communications Commission on June 17, 2002 and a few additional changes were requested. Here is a summary of the proposed changes to the Rules which reflect the general consensus of these meetings: * Requests for live program feeds in addition to "plug and play" may be made in accordance with rules set by Commission with consent of cable operator. * 501 (c (3) corporations may request contributions for a max time of 5 minutes in a program. * Political candidates may continue to appear on the programs (clarification). * Changed quality requirement from "broadcast quality" to "good quality." * Access user groups will set deadlines for tape pick up and delivery with cooperation of cable operator. * Occasional programming beyond 59 minutes in length may be shown in accordance with established rules and with consent of the cable operator. * Users may substitute another program in place of a repeat program. * Removed requirement that the User's address or telephone number appear at beginning of show. The User's name, name of program and production date are required on each program * Users must provide address and telephone number on application. * Times and dates for the semi - annual timeslot lotteries have been set. The Commission will conduct first lottery for the Channel 10 public access user group. Thereafter lotteries will be conducted by the access user group for each channel. * Access user groups will provide the cable operator with list of all program users and semi - annual schedules. * Access user groups will determine block of time slots allocated to each public access channel. * Holidays (during which no access programs will be shown because cable operator staff won't be available to play programs) were specifically identified. *Clarified that only one form of ID is required to establish residency for use of the channel. 5 *Incorporated penalties provision currently set forth at Section 2 -184 of the City Code of Ordinances. Additionally, there was discussion during the June 10, 2002 with the users regarding the two tape requirement. Upon further discussion, the consensus was that making one copy of a tape will not significantly diminish the tape quality. 2. Nonprofit corporation for administration of one or more of the access channels: At the Commission meeting on June 17, 2002, the Commission was informed by Mary Beth Nelson and David McBride that a nonprofit corporation has been formed with idea of administering public access channel. Staff has been approached by at least two other groups who are also interested in administering an access channel. Section 6.2 of the Master Cable Regulatory Ordinance states in part: "The City reserves the right to designate a Community Access Corporation or similar entity to administer one or more of the Access Channels." As a next step, any contract with a nonprofit corporation for administration of the public access channel(s) would be brought to the Council for consideration. 3. Additional changes to Master Ordinance: Cable company able to seek compensation for relocations if other utilities in similar situations are compensated by City. Sections 8.3, 8.6 and 8.7. Emergency Call Notifications: changed from 45 minutes standard to require response from cable operator within a reasonable period of time taking into account the relevant factors. Section 8.8. Additional changes of editorial nature which do not change original intent are found at 9.1, 9.2, 9.3 and 9.5. 4. Reconcilement with current ordinance provisions. As stated above, the current City Code of ordinances contains Section 2 -184 which is being incorporated into the Rules and Procedures. The ordinance deletes Section 2 -184 and replaces it with the rules and procedures. Section 2 -183 is amended to correspond with terminology used in the Rules and Procedures. Additionally, the Master Cable Services Regulatory Ordinance will be codified into the City Code of Ordinances. Attachment: Ordinance as amended between first and second readings Approved minutes from May 20, 2002 Commission meeting Draft minutes from June 17, 2002 Commission meeting Recommendation: Adopt Ordinance as amended on second reading. 6 Agenda Items C C.1. Motion to amend ClearSource franchise amendment prior to second reading. C.2. Ordinance amending ClearSource franchise to require cablecasting of Public, Educational and Government access channel programming within 30 days of effective date. Background: The Clearsource franchise has been amended prior to second reading as follows: Public Educational and Governmental Access (Section 6.2): • Should there be demonstration of need for additional access channel Grantee will have one year instead of six months to provide extra channel. • Clarification that total of six channels are available for public, educational and government access. • Grantee may use the access channels for purposes it deems appropriate whenever the users are not utilizing the channels upon written approval of the City. • Grantee will provide playback equipment for Government and Public access programming. • Capital Support for access: In lieu of the $50,000 grant by year 7 of the franchise, Grantee will provide 11 annual payments of $3,500 beginning January 31, 2003 and payment of $14,000 by January 31, 2014. To be used for public access equipment and facilities. Attachment: Franchise as amended between first and second readings Recommendation: Adopt the Ordinance as presented on second reading. 7 Agenda Items D D. 1. Motion to amend Ordinance approving transaction between ClearSource, Inc. and Grande Communications Holdings, Inc., prior to second reading D. 2. Ordinance approving transaction between Clearsource, Inc. and Grande Communications Holdings, Inc., subject to requirements Background: ClearSource and Grande Communications have agreed that, in consideration for City Council approval of their transaction, Grande and ClearSource agree to comply with the ClearSource franchise amendments. Attachment: Letter of commitment from ClearSource and Grande Ordinance as amended between first and second readings Recommendation: Adopt the Ordinance as presented on second reading. 8 Agenda Items lating to City's Cable Fra ise Agreements 2nd ReaaliFng FourSenarate Ordinances A Ordinance granting to Tvxas Cable Partners, Inc. (Time Warner) a non -e usive 15 -year franchise B Ordinance amending the Master Cab Services Regulatory Ordinance C Ordinance amending ClearSource franchise D Ordinance consenting to transaction between ClearSource and Grande Communications Agenda Item A: Ordinance Gra 'ng Texas Cable Partners (Time Warn Franchise Chan,aes Since First Readinil. • Donation of specified studio equipme City' • Effective upon new franchise execution, uip nt maintenance/facility grant of $3,500 annua y in lie of $50,000 in year 7 • Time Warner obligated to franchise provision regarding PEG even if ClearSource/Grande fa' to honor amendments within 120 days, provided C y has initiated formal proceedings nda Item B: Ordinance Amending Maw Cable Service Ordinance Insures consistency and required c14 ei for all cable operators, including up Access Rules and Procedures 7e equity Public • Existing and proposed Public Access Rules nd Procedures were mailed to access users and discussed at a meeting on June 10, with over, people attending • Changes incorporated from access users m then reviewed/further modified by Cable Communications Commission on June 17 Agenda Item B: Ordinance Amendin aster Cable Service Ordinance K Chan es Since First R in RE: Rules for Public Access Cablecastin • Potential for live feeds from public aieces users • Additional access user group responsib' ' ; e:g� block of time, tape delivery deadlines, app 'catio • Occasional programming beyond 59 minutes • "Triggers" for forfeit of time slots • Program identification requirements • Complaint/appeal processes K Item C: Ordinance Amending ince First R urce Franchise • Upon effective date of amendments, maintenance/facility grant of $3,500 in lieu of $50,000 in year 7 = uall Item D: Ordinance Approving -1k,4 C1earSource and Grande saction Between W ce First Reading: munications • Grande Communications has guaran C1earSource PEG obligations even if tran action does not occur Questions &Comments MINUTES Corpus Christi Cable Communications Commission Corpus Christi City Hall - Council Chamber, 1201 Leopard Street May 20, 2002 Committee Members Present Charles Spencer, Hector Morales Joel Yowell and Sylvia Dancer Time Warner Staff Present: General Manager Gordon Harp, Susan Patten, Robert Hughes John Bell and Paula Kolda Clearsource, Inc. Staff Present: None City Staff Present: Liza Aguilar, Susan Cable, P. C. Gracia and Mark McDaniel The meeting was called to order by Vice Chair Yowell at 7:07 p.m. The minutes of the Cable Communications Commission meeting for December 17, 2001 were approved as written. Mark McDaniel, Director of Management and Budget, made the City's presentation on the Time Warner (TW) franchise to the Commission. McDaniel provided a brief history of the proposed and current franchise, as well as, the transfers of owners since Athena Community TV. He also noted the federal cable law changes. McDaniel informed the Commission about four ordinances to City Council for approval as follows: (1) Master Cable Ordinance, (2) Texas Cable Partners (TW) proposed fifteen year franchise, (3) an amended Clearsource, Inc. franchise related to public access, and (4) a consenting agreement related to the new Grande /Clearsource transaction. McDaniel pointed out that the most significant change for the Master Cable Ordinance was the establishment of new public access rules and responsibility from cable provider to the Public Access Users Group (PAUG). He added that the Religious Access Users Group (RAUG) had set a model for public access, so therefore, PAUG would be patterned after it. McDaniel stated that the federal laws regarding PEG had changed and that the City could no longer require a cable provider to maintain a studio. However, federal law still mandates that cable providers have designated public access channels available for use. The new provision in the TW franchise provides for a plug and play method for PEG as opposed to having studio productions. In addition, if Clearsource fails to provide cablecasting of PEG within 30 days, TW may cease providing public access. However, Grande /Clearsource has agreed to provide a plug and play method, therefore PEG will be available. Spencer asked if the current franchise agreement allowed for any operations cost charged to the 5% franchise fee and the answer was no. Yowell asked whether advertising fees are included in the gross revenue as part of the 5% franchise fee and the answer was yes. Susan Cable, answering Morales question, stated that PAUG would forward any complaints to the Cable Commission for consideration. Mary Beth Nelson stated that PAUG has not met in two years. Cable responded that the new rules would help set up a better organized PAUG group. 1 2 Spencer asked about the customer service standards in the Master Ordinance. Cable stated that the FCC standards had been incorporated into the new ordinance. Aguilar noted that the City would follow the FCC guidelines Competition will address most of the customer service standards, as well as, the self- reporting required by the FCC of all cable providers. Yowell summarized the changes as follows: (1) that a PAUG be organized, and (2) that the FCC prohibits the studio requirement. Cable stated that the City had tried to negotiate with PBS to provide alternatives, but operational costs were very high. Cable added that the number of users using the studio, editing equipment and cameras had been declining over time. She noted that out of 91 users, 14 utilize the studio and 7 utilize the camera equipment. Yowell called for public comment. David McBride stated that he could not do his job without using the equipment. Mary Beth Nelson stated that the first amendment prohibits freedom of speech to be restricted by a government agency. She added that the City was limiting the ability of the people to be heard. She stated that requiring two tapes would not make for good copies of any shows. Editing equipment is also needed to meet the information requirements in the rules. Nelson said that if only local production is allowed it will do away with some church programs. Nelson added that the studio equipment was old and falling apart. She said that there was some case law involving Cities forcing a cable company to preserve public access. Nelson argued that if public access went away, then only the government would have free speech Billie Wilkerson, 910 Susan Street and Director of South Texas Politics, stated that public access was a service for the community. She did not want to see free speech become paid speech. She added that plug and play would deteriorate the quality of the tapes if two tapes were required. Wilkerson stated that if the City Council requires landscaping and minority hiring on contracts, then they should require cable companies to share studio costs. Jose Marroquin stated that he had produced a program for over three years. He claimed that the City was eager to delete public access channels. Marroquin said that the two -tape requirement could not be met without the editing equipment. He stated that in Corpus Christi only the wealthy or the government could have free speech. He urged the City to let the cable company come together on an agreement on the studio issue. Armando Gamine, a long time access user and producer of "Mondo Power Thoughts ", stated that TW gave a good company line, but in reality, AOL had paid too much for it; and $200,000 looked good to the City. Mando stated that the main issue was the issue of free speech and losing some rights down the line. Jermone Bradford, 4805 Hamlin Drive, said that his show, Black Perspective, was two years old and has been soaring in popularity. He stated that the use of the studio equipment had made many people come aboard but without cameras and equipment others would not join if the equipment was not available. He also stated that only one tape should be required. 3 Ray Madrigal, 2307 Morgan, stated that the programs should run until 10 p.m. and that programming slots should be increased. Madrigal thought that having a new cable company (Clearsource) in town would improve things; but they never attend the Cable Commission meetings. He pointed out that the studio was the only source for some people to produce shows and use the equipment. He added that if the equipment was not available, then only one tape should be required. Madrigal also wanted Clearsource to begin programs on public access.. Roland Garza stated that the City had a history of limiting freedom of speech. He stated that the City gives the best ammo for lawsuits. He pointed out that a council member wanted to do away with public access, but without the studio and equipment, the City is censoring and limiting speech. He stated that the community needed to hear the truth and the courts needed to decide who is abusing public access. He said that TW should continue providing the studio access and not limit free speech. John Mares, 9625 SPID, producer of South Texas Politic for over 10 years, stated that his show relies on access to the studio because it is the only live show on access cable. Mares stated that without the studio they could not educate the community. He pointed out that maybe TW was being treated unfairly because Clearsource was not providing a studio or public access channels. David Noyola, County Commissioner, expressed concern for the individuals and community parties, such as the G. I. Forum and Lulac who use public access. Noyola added that perhaps the City could allocate some of the franchise fees to operate a studio or use the CCISD faculties (at Miller High School) to provide access to a studio. If the City can find monies for Laundry's project then they can find monies for a studio added Noyola. He said that the Mayor's show as well as other city shows would continue but access users would not if the studio is not provided. He thanked Spencer for voicing his concerns and asked the Commission to take a stand and do the right thing. Mr. Saenz, Co- Producers of South Texas Politics, stated that they did not have the money to pay for studio time. He added that rules regarding studio use had added to the decline in its usage. Saenz said that seven people are now required to do a show. He urged the commission to find a solution that could be sent to the City Council. John Bell, Attorney representing TW, 13750 Primavera, introduced Gordan Harp, TW General Manager and Susan Patten from TW Southwest Office. He stated that it was important to keep focus on the franchise that expired one year ago and that was being extended on a month to month basis. Bell stated that PEG channels would continue to be provided and that capacity was not an issue for additional channels for the next 15 years. Bell said that the studio was no longer required under federal law. Bell added that federal law limits franchise fees to 5% with some capitol requirements but no other additional requirements. In addition, Bell added that technology now performed excellent programs that could not be provided five years ago. In regard to Mr. Spencer's question on self - compliance on customer standards, Bell said that the FCC or the City could perform audits, as well as, requesting copies of any audit. Bell said that TW is not doing away with providing access channels as required by FCC rules. He noted that users in the Palestine, Texas case do pay for studio time. Bell also explained the difference of a one -time contribution as opposed to a continuous cost of a studio. 4 Nelson stated that cable law allows for capitol expenses so that the $200,000 could be used for a studio and that a pass- through fee could be used for continuous use. Yowell stated that the main issue was the studio and to a lesser extent the two tape requirement. Morales said that his concern was the ability to keep citizens informed. He stated . that he wanted to insure that access channels were available to inform citizens. Morales expressed concern over the two -tape requirement and the ability to have editing equipment available. Morales made a motion stating that the cable commission strongly recommends that the City Council continue the public access channel, continue the public access studio, and revise the proposed rule requiring two public access program tapes, and failing these changes to the franchise, that the Council reject the franchise. Sylvia Dancer seconded the motion. Spencer suggested that the City staff interact with PAUG to determine what they can and cannot do. Cable added that City staff conducted surveys and has been a proponent of public access throughout the negotiating process. She pointed that they had originally suggested a pass - through fee but they were informed that cable subscribers did not want to pay more fees. Morales' motion was approved by a 3 to I vote. Meeting adjourned at 9:16 p.m. 4CntitClab`a. P. C. Gracia Management Assistant 1 DRAFT MINUTES Corpus Christi Cable Communications Commission Corpus Christi City Hall - Council Chamber, 1201 Leopard Street June 17, 2002 Committee Members Present Charles Spencer, Hector Morales Joel Yowell and Sylvia Dancer Time Warner Staff Present: General Manager Gordon Harp, Susan Patten, Robert Hughes John Bell and Paula Kolda Clearsource, Inc. Staff Present: Becky Weaver, Clearsource, Inc. City Staff Present: Liza Aguilar, Susan Cable, P. C. Gracia and Mark McDaniel The meeting was called to order by Mr. Morales at 7:05 p.m. The minutes of the Cable Communications Commission meeting for May 20, 2002 were approved with a couple of corrections. Susan Cable, Director of E- Govemment Services, informed the Cable Commission of a meeting held June 10, 2002 with Channel 10 and 18 public access users to receive some feedback and suggestions regarding the new Rules and Regulations for Public Access Cablecasting. The meeting attracted 50 people, who had an opportunity to discuss and provide input on each line item of the rules as Cable presented them. The new rules provide for participation, technical standards /production rules, quality, format, labeling of tapes, program identification, length of tape, deadlines for submittals and scheduling rules. Also included were defined terms, method for amendments to the rules and procedures, as well as, procedures for violation of rules. Charles Spencer asked if PAUG had re- organized as a group. Mary Beth Nelson, from the audience, stated that there was a new group that had formed called the Nueces County Public Access Users Group. By federal rules there is no religious access channel, there is only public access according to Nelson. Cable added that historically in Corpus Christi there has been a religious access user group and a public access user group utilizing channels 18 and 10 respectively. RAUG has always used channel 18 for their religious programs. Morales asked if programs on Channel 18 can be shown on 10 and the answer was yes. Cable added that the new rules allow the user to decide which channel they want to utilize for their cablecasting. Mark McDaniel said that the new rules contemplate two distinct user groups and channels. Yowell asked for a show of hands of PAUG and RAUG members present and approximately 50% of each group made up the audience at the meeting. Nelson stated that a different corporate structure forming a legal non - profit corporation was now available to take advice from access users. She stated that two separate groups of users on public access would not fly on a court of law. Nelson added that the proposed rules as established by the City staff did not meet the needs of the users. According to Nelson, the City doesn't have the right to make the rules, since they do not contribute to public access. Yowell asked for public comment regarding the new proposed rules for public access cablecasting. Marty Wynn, Catholic Telecommunication Center, told the Commission of their difficult task of 2 forming rules. He urged the Commission to add a provision in the franchise that allowed for live programming so that users would not give up their allotted time. Morales stated that if live programming was occasional then the users time slot would not be restricted that much. Spencer commented that without cameras and studio access how would live programming occur. Wynn responded that a few entities like RAUG and First Baptist have live program capabilities. David McBride said that Channel 18 users have had a lottery for the last 8 years and were happy. However, Channel 10 programs deal with news and programs of immediacy. St. Paul will allow the Nueces County Public Access Users Group to use their studio for their programs according to McBride. This will eliminate Time Warner, Clearsource and the City from public access responsibilities. He added that the process would be simpler and that in five days a program could be on public access. Powell stated that if the City, Clearsource and Time Wamer were eliminated from the process there would be no cable commission. Powell said the new group making rules for access users troubled him. He said that the City would need to check out any legal ramifications and with little time to study the last minute proposal, the Commission needed to proceed with City staff recommendations. Lisa Aguilar, Assistant City Attomey, said that other cities have contracts with private corporations, however the City has a provision that reserves the right to recognize those groups. McBride said that all he meant by eliminating the entities was so that they would not have to deal with the headaches and that they would make rules consistent with the City rules. William Lumry stated that a non - profit was not needed because the City had been doing a good job. He added that the provision dealing with forfeit of time slot should be solved by taking tapes to a central place. He suggested that the Martin Luther King, Jr. holiday be included on the observed holiday list when programming would not be shown. Pastor Gus Gonzales stated that they were satisfied with Channel 18. Channel 18 would be willing to take less time to allow for more programs. He asked that the religious programs be shifted from Channel 10 to Channel 18 to eliminate problems. George Iniquez stated that all time slots on Channel 18 were full and there was a chance of expanding the programming time and perhaps late night programming could become available. He urged that Super VHS be added to the allowable format since the editing machine would work on Super VHS. The Navy uses 3/4" tape and the rules would eliminate their shows. Iniquez added that the VHS editing machine was broken and the 3/4" machine causes damage to tapes. He suggested that anyone filing a program complaint must be identified. Jermone Bradford asked why the City Council had not recognized the motion made by the Commission at the last meeting. Spencer said that only one person of the five people he contacted responded to seeing the motion. He added that the application form did not have an organizational or individual slot to be checked off. Mary Beth Nelson said that there was a need for a non - profit corporation to except donations, a studio and equipment. The corporation has nothing to do with doing away with the Commission because the City Manager had already taken them out of the loop. She asked why the city staff did 3 not bring up the motion made by the Commission at the City Council meeting. Nelson stated that the proposed rules were made to micro - manage public access by staff members who do not use equipment. Nelson said the role of the Commission was one of overseeing it and not making rules. Nelson added that Japan had gone to its workers for ideas to find solutions to problems and that is what is needed here. She added that RAUG has repeats whereas RAUG does not have as many. Nelson urged the Commission not to fast track the issue that requires a lot of thought. Dennis Ronald, user of Channel 18, said that everything needs to be done decently and orderly. Dennis added that Time Warner and the City need to continue providing goveming -over access and not lose control to someone else. Mack Aipperspach, First Baptist Church, stated he received a call regarding the formation of a public access users group to primarily get organized. He clarified the implication of time on RAUG by stating that they take as many people that went to cablecast. RAUG users have an initial time slot, a second and third according to Aipperspach. He added that repeats mentioned are not repeats but split programming slots. He added that Time Warner did not set the 8 a.m. to 10 p.m. cablecasting time, however with new automation it could be open to change. John Bell, Attorney representing Time Wamer, said that live programming could be done with consent of the cable providers. Bell suggested that the length rule section could say that with consent of Cable operators to minimize blocking of program user's time. Bell also stated that Cable operators would prefer to pick up tapes once a week or they could accept delivery. Cable operators should not be required to pick up tapes more than once a week. Time Wamer recognizes the Martin Luther King, Jr., holiday so Bell requested it be added to the holiday list. Bell said that Time Wamer thinks a corporation is a good idea for public access, but cautioned that public access is a community resource by franchise and the only way to give up this valuable resource is by a tight agreement or contract that would be fair to all. Powell again stated that he was troubled with a group popping up so quickly especially when dealing with public access and freedom of speech issues. The Cable Commission then passed the following motions during the meeting of June 17, 2002 regarding the Rules and Procedures for Public Access Cablecasting: (1) Request that live feeds may be made in accordance with rules adopted by the Cable Commission, with consent of cable operators. (2) Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the access user group with consent of cable providers. (3) The access users groups will establish deadlines for pickup and delivery of tapes in cooperation with cable operators. (4) All applications for cablecasting must be submitted to respective cable users group and provide a current updated list to cable providers. (5) If a series user fails to turn the tapes for two consecutive weeks for weekly shows or 2 consecutive months for monthly shows, the user forfeits the time slot until the next lottery. (6) That the Martin Luther King, Jr. holiday be added to the list of holidays where no programs will be scheduled. (7) That the complainants name and phone number is identified whenever a complainant brings a rules violation for review. (8) That the Cable Commission hear an appeal of a users group decision involving a rules 4 violation within 14 calendar days from receipt by the City Secretary's Office. McDaniel stated that any donated equipment provided to the City as per the ordinance would be made available to the user groups during normal hours. He stated that the motion approved by the commission was not included in the council packet, but was sent out in the City Manager's packet. McDaniel added that the motion came up as a point of discussion with several people making a point of the motion. Spencer commented that he was disappointed that not one council member had brought up the motion at their meeting indicating that it said alot. The date of the next scheduled meeting was set for the 3rd Monday of August 2002. Spencer asked about Clearsource being on track on providing public access. McDaniel stated that the City had a commitment in writing if the Grande /Clearsource merger does not happen, that it would be provided. McDaniel said that there is a provision that states that if the City enters into a formal proceeding with Grande /Clearsource for contract violation for not establishing public access within 120 days, the City has met a requirement that does not let Time Warner off the hook for not providing public access until a resolution is reached with Clearsource. Meeting adjourned at 9:20 p.m. Submitted by P. C. Gracia TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT FRANCHISE RENEWAL AGREEMENT Between TEXAS CABLE PARTNERS, L.P. And CORPUS CHRISTI, TEXAS June 19, 2002 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT TABLE OF CONTENTS PAGE SECTION 1. DEFINITIONS 5 1.1 Channel 5 1.2 Commercial Programming 5 1.3 Effective Date 5 1.4 Franchise Fee 6 1.5 Grantee 6 1.6 Gross Revenues 6 1.7 Locally Produced Programming 6 1.8 Normal Business Hours 7 1.9 Normal Operating Conditions 7 1.10 Service Interruption 7 SECTION 2. GRANT OF FRANCHISE RENEWAL 7 2.1 Grant of Renewal 7 2.2 Right of City to Issue and Renew Franchise 7 2.3 Effective Date of Grant of Renewal 8 2.4 Term 8 2.5 Written Notice 8 2.6 Franchise Not Exclusive 9 2.7 Reservation of Rights 10 2.8 Compliance 10 2.9 Binding Contract 10 2.10 Customer Service Standards 11 SECTION 3. GENERAL REQUIREMENTS 16 3.1 Annual Franchise Fee 16 3.2 Liability Insurance 17 3.3 Indemnification 19 3.4 Security Fund 22 3.5 Procedure for Remedying Franchise Violations 23 3.6 Revocation 25 3.7 Compliance with Applicable Laws and Ordinances 27 SECTION 4. SYSTEM CAPABILITIES 27 4.1 System Capabilities 27 4.2 Required Extensions of Cable System 28 4.3 Periodic Evaluation, Review and Modification 29 4.4 Emergency Alert Capability 31 4.5 Closed Captioning and Descriptive Audio Service 31 4.6 Parental Control Lock 31 4.7 HDTV /ATV Conversion 32 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 4.8 Right of Inspection 32 SECTION 5. SERVICES AND PROGRAMMING 32 5.1 Programming 32 A. Broad Programming Categories 32 B. Deletion or Reduction of Programming Categories 33 5.2 Leased Commercial Access 33 5.3 Annual Reports 33 SECTION 6. SUPPORT FOR LOCAL CABLE RELATED NEEDS 34 6.1 Institutional Network 34 6.2 Public, Educational and Governmental Access 37 A. Access Channels 37 B. Additional Access Channels 38 C. Unused Channels 39 D. Non - Commercial Programming 39 E. Transition 39 G. Capital Support for Access 40 H. Donation of Equipment 41 I. Access Channel Designations 41 J. Ad Avail Grants 41 K. Technical Quality 41 6.3 Drops to Public Buildings 41 6.4 Use of Grantee's Facilities 42 SECTION 7. REGULATION 43 7.1 Franchise Regulation 43 7.2 Force Majeure 43 7.3 Severability 43 7.4 Amendments 44 EXHIBIT A: Franchise Fee Payment Worksheet EXHIBIT B: I -Net Sites TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT FRANCHISE RENEWAL AGREEMENT A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT BETWEEN TEXAS CABLE PARTNERS L.P.( "Grantee "), AND THE CITY OF CORPUS CHRISTI, TEXAS ( "City"), LOCATED IN THE COUNTY OF NUECES. WITNESSETH WHEREAS, the Grantee seeks to obtain a Cable Television Franchise Renewal Agreement under which it will be authorized to reconstruct, maintain, and operate a Cable Television System, as defined under applicable federal, state and local law, throughout the City of Corpus Christi, Texas; and WHEREAS, the City, pursuant to the Master Cable Service Regulatory Ordinance No. 023833, as amended, is authorized to grant and renew one or more nonexclusive revocable Franchises to operate, construct, maintain and reconstruct a cable television system within the City of Corpus Christi, Texas; and WHEREAS, the City seeks to promote the development of cable television capabilities on a competitive basis within the City, while at the same time ensuring customer service; and WHEREAS, Grantee, has made application pursuant to the Master Cable Services Regulatory Ordinance and the applicable franchise renewal requirements of the Cable Act, to obtain a renewal of its Cable Service Franchise in the City of Corpus Christi, Texas, to reconstruct and operate a competitive Cable Service; and WHEREAS, the City, after due evaluation of Grantee's application and proposal for a Franchise Renewal, has determined that Grantee's proposal as modified under the terms of this 4 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT Agreement is complete and responsive to the requirements of the City, and has the requisite legal, technical and financial qualifications to meet the future cable related needs of the City; and NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein provided, and in accordance with the provisions of the City's Master Cable Services Regulatory Ordinance No. 023833, (hereinafter referred to as "Master Ordinance "), the parties agree as follows: SECTION 1. DEFINITIONS For the purpose of this Franchise, the terms, phrases, words, abbreviations and their derivations shall have the meaning given in the Master Ordinance, except as otherwise defined herein. The definitions in the Master Ordinance are made part of this Franchise as if fully set forth herein, except as otherwise specifically set forth herein. In the event of a conflict between the definitions in the Master Ordinance and the definitions set forth below, those definitions set forth in this Agreement shall control. 1.1 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel, as television channel is defined by FCC regulation. The current industry standard for an analog Channel is 6 MHz. 1.2 "Commercial Programming" means any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product er-pelitieal-candidate; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. 1.3 "Effective Date" means the date set forth in Section 2.3 of this Agreement. 5 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 1.4 "Franchise Fee" means any tax, fee or assessment of any kind imposed by City or other governmental entity on Grantee or a cable subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs which are required by the Franchise Agreement to be incurred by Grantee for PEG Access equipment and facilities; (iii) requirements or charges incidental to the award or enforcement of a Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under title 17, United States Code 1.5 "Grantee" means Texas Cable Partners, L.P. or its lawful successors, transferees, or assigns. 1.6 "Gross Revenues" shall be as defined in the Master Ordinance except for the purposes of this Agreement and the Grantee's obligations hereunder the term Gross Revenues shall not include: (A) any amount collected by the Franchisee from Subscribers for PEG Access purposes; (B) the revenues of any Person where such revenues have been included in Grantee's revenues so as to preclude double imposition of franchise fees; or (C) bad debt or uncollected amounts. 1.7 "Locally Produced Programming" means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. 6 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 1.8 "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. 1.9 "Normal Operating Conditions" means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay -per -view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 1.10 "Service Interruption" means the loss of picture or sound on one or more cable channels. SECTION 2. GRANT OF FRANCHISE RENEWAL 2.1 Grant of Renewal. The cable television franchise granted to TCI Cablevision, Inc., and now held by Grantee, is hereby renewed, subject to the terms and conditions of this Franchise Agreement (hereinafter also referred to as the "Franchise "). The grant of renewal provides Grantee authority, right and privilege, to construct, reconstruct, operate and maintain a Cable Television System within the Right -of -Way in the City of Corpus Christi, Texas, as it is now or may in the future be constituted. 2.2 Right of City to Issue and Renew Franchise. Grantee acknowledges and accepts the right of City to issue and/or renew a Franchise Agreement. 7 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 2.3 Effective Date of Grant of Renewal. The grant of renewal shall be effective sixty (60) days following passage and approval of this Agreement by ordinance of the City Council. The grant is further contingent upon the filing by Grantee with the City Secretary of the executed Franchise Agreement and the required security fund and insurance certificates, and has paid all sums owed to the City, except that if the filing of the written acceptance, the security fund or any such insurance certificate does not occur within sixty (60) days after the Effective Date of the ordinance approving this Franchise and any extension of time hereunder, the City may declare this grant null and void. 2.4 Term. This Franchise shall commence upon its Effective Date and shall expire fifteen (15) years thereafter or unless extended, renewed, revoked or terminated sooner as provided for in the Master Ordinance or pursuant to the specific terms of this Franchise Agreement. 2.5 Written Notice. All notices, reports or demands required to be given in writing under this Franchise Agreement shall be deemed to be given when delivered personally to the Person designated below, or upon receipt when sent by registered or certified mail, postage prepaid thereon, or on the next business day if sent by express mail or overnight courier addressed to the party to which notice is being given, as follows: If to City: 8 City Corpus Christi Attention: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 -2825 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT With a copy to: City of Corpus Christi Attention: City Attorney 1201 Leopard Street Corpus Christi, Texas 78401 -2825 If to Grantee: Texas Cable Partners, L.P. Attn: General Manager 4060 South Padre Island Drive Corpus Christi, Texas 78411 With copy to: Texas Cable Partners, L.P. Attn: Division President 300 Parker Square, Suite 210 Flower Mound, Texas 75028 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 2.6 Franchise Not Exclusive The Franchise herein granted shall be non - exclusive and is granted by the City pursuant to the City's Master Cable Services Regulatory Ordinance and applicable law. Unless expressly prohibited by law, any additional franchise granted by the City pursuant to the Master Cable Services Regulatory Ordinance, subsequent to the date of this Franchise, shall, when considered as a whole, contain no more favorable or less burdensome terms and conditions than those contained herein. In instances where Grantee or City believes that replication of a requirement would provide an unintended result, the parties (i.e., the City, Grantee and proposed Grantee), shall meet to negotiate a substitute obligation to ensure parity of obligations on the part of all grantees. Any alleged failure on the part of the City to ensure parity of obligations shall entitle Grantee to review by the City's governing body and such other remedies it may be entitled to under applicable state and federal law. 9 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 2.7 Reservation of Rights. City and Grantee reserve all rights that they may possess under applicable law or be granted in the future under applicable law unless expressly waived herein. Unless expressly noted otherwise, nothing set forth in the Master Ordinance or this Franchise Agreement shall be construed as a waiver, surrender or release of any right of any kind whatsoever by either City or Grantee. 2.8 Compliance The provisions of the Master Ordinance are hereby incorporated herein by reference as if set out in full, and form part of the terms and conditions of this Franchise Agreement, except as may be otherwise provided in the Franchise Agreement. In the event of a conflict between the terms and conditions of the Master Ordinance and this Franchise Agreement, the Franchise Agreement shall control. Grantee agrees to comply with the terms of the Master Ordinance and any lawfully adopted, generally applicable local ordinance that is passed pursuant to the City's lawful police powers. 2.9 Binding Contract. This Franchise (including all of Grantee's particular rights, powers, protections, privileges, immunities and obligations associated therewith) shall constitute a legally binding contract between the City and Grantee, and as such, cannot be amended, modified or changed by the City without the consent of Grantee in any manner whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on Grantee more stringent or burdensome requirements or conditions; provided, however, that nothing herein contained shall preclude the City from the proper exercise of its police powers, as set forth in Section 2.8. 10 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 2.10 Customer Service Standards. A. Notwithstanding anything to the contrary in the Master Ordinance, the Grantee is hereby exempted from Article 7 of the Master Ordinance and in lieu thereof shall be subject to the following: 1. Cable System Office Hours and Telephone Availability. (a) The Grantee will maintain a local, toll -free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (b) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (c) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. (d) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met not less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. 11 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 12 (e) The Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (f) Under Normal Operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (g) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. 2. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis. (a) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (b) Excluding conditions beyond the control of the Grantee, the Grantee will begin working on "Service Interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT (c) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four -hour time block during Normal Business Hours. The Grantee may schedule service calls and other installation activities outside of Normal Business Flours for the express convenience of the customer. (d) The Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (e) If a Grantee representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled , as necessary, at a time which is convenient for the customer. 3. Communications Between the Grantee and Subscribers. (a) Notifications to Subscribers. (i) The Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all Subscribers, and at any time upon request: (A) Products and services offered; 13 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT (B) Prices and options for programming services and conditions of subscription to programming and other services; (C) Installation and service maintenance policies; (D) Instructions on how to use the cable service; (E) Channel positions of programming carried on the Cable System; and (F) Billing and Complaint procedures, including the address and telephone number of the City's office. (b) Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph 3(a)(i) of this section. Notwithstanding anything in this Section to the contrary, the Grantee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State or the City on the transaction between the Grantee and the Subscriber. (c) Billing. 14 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 15 (i) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (ii) In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days. (d) Refunds. Refund checks will be issued promptly, but no later than either - (i) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii) The return of the equipment supplied by the Grantee if service is terminated. (e) Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. B. In the event of a record of written complaints filed with the City indicating a clear failure on the part of the Grantee to comply with those standards set forth in this Section 2.10, the City may request that the Grantee report quarterly on its performance against those standards in this Section 2.10. If Grantee fails to meet all of the standards set forth in the Section 2.10 for three (3) consecutive quarters, the Grantee shall thereafter be subject to the Customer Service Standards set forth TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT in the Master Ordinance at Article 7 until such time as the Grantee has met the standards set forth in this Section 2.10 for three (3) consecutive quarters. At such time as Grantee is in compliance with this Section 2.10 for three (3) consecutive quarters, the Grantee shall thereafter be subject to the requirements of this Section 2.10, subject to the City's ongoing compliance rights. C. Grantee shall at all times comply with the Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), as may be amended from time to time, to the extent permitted by applicable law. Upon request, the Grantee shall furnish the City Manager a copy of its annual proof of performance filing with the FCC. If the FCC no longer establishes technical standards, this Franchise shall control and the then - current FCC standards shall, at a minimum, be made part of this Franchise and enforceable by the City. SECTION 3. GENERAL REQUIREMENTS 3.1 Annual Franchise Fee. A. As compensation for this Franchise and in consideration of permission to use the Right -of -Way of the City for the construction, operation, maintenance and reconstruction of the Cable System, and to defray the costs of Franchise obligations, Grantee shall pay to the City on an annual basis throughout the term of this Franchise, a sum totaling five percent (5 %) of Grantee's Gross Revenues. B. Payments due the City under this Section shall be computed quarterly, for the preceding quarter of each year during the term of this Franchise. Each quarterly payment shall be due and payable no later than forty-five (45) days after the end of the preceding quarter. The City and Grantee shall discuss the feasibility of such 16 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT payments being made electronically to a financial institution designated by the City. Verification of any electronic payments shall be provided to the City Treasurer. Each payment shall be accompanied by a brief report showing the basis for the computation and other relevant facts and information, and a "Franchise Fee Payment Worksheet," attached as Exhibit A, which shall accurately reflect the sources of all Gross Revenues. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further sums payable under the provisions of this Franchise. All amounts paid shall be subject to audit and re- computation by the City or its designee, at any time during any calendar year upon reasonable notice and specification of the documents requested to be reviewed. Grantor's right to audit, and Grantee's obligations to retain records related to the franchise fee audit, shall expire two (2) years from the date on which each Franchise Fee payment by the Grantee is due. 3.2 Liability Insurance. A. Upon the effective date of this Franchise Agreement, the Grantee shall, at its sole expense -, take out and maintain during the life of this Franchise commercial general liability insurance with a company licensed to do business in the State of Texas with a rating by Best of not less than "A -" that shall protect the Grantee, the City, and the City's officials, officers, and employees from claims which may arise from Grantee's operations under this Franchise, whether such operations are by the Grantee, its officers, directors, employees and agents, or any subcontractors 17 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Grantee operations, products, services or use of automobiles, or construction equipment. The amount of insurance for Single Limit Coverage applying to Bodily and Personal Injury and Property Damage shall be two million dollars ($2,000,000.00) Combined Single Limit Coverage, and evidence of excess coverage. The following endorsements shall attach to the liability policy: (1) (2) 18 The policy shall cover Personal Injury as well as Bodily Injury. The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. Broad Form property damage liability shall be afforded. The City shall be named as an additional insured on the policy. An endorsement shall be provided which states that the City is listed as an additional insured. Standard form of cross - liability shall be afforded. An endorsement stating that the policy shall not be cancelled, or materially modified so as to be out of compliance with the requirements of this section, or not renewed without thirty (30) days advance written notice of such event being given to the City Manager. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT B. Grantee shall not permit any subcontractor to commence or continue work until both shall have obtained or caused to be obtained all insurance required under this Section. Said insurance shall be maintained in full force and effect until the completion of construction. Grantee shall obtain and maintain Workers' Compensation Insurance for all Grantee's employees, and in case any work is sublet, Grantee shall require any subcontractor similarly to provide Workers' Compensation Insurance for all subcontractor's employees, all in compliance with State laws, and to fully protect the City from any and all claims arising out of occurrences on the work. Grantee hereby indemnifies City for any damage resulting to it from failure of either Grantee or any subcontractor to take out and maintain such insurance. Grantee shall provide the City Manager with a certificate of insurance indicating Workers' Compensation coverage prior to commencing reconstruction of the system. C. The City reserves the right to adjust the limit coverage requirements on the basis of rate index tied to changes in the Consumer Price Index over the life of the Franchise. Insurance certificates and evidence of payment are subject to review and approval of the City for compliance with these requirements. D. Grantee shall submit to the City a certificate of insurance signed by the insurance agent and companies named. E. Any deductible or self - insured retention must be declared to City Manager. 3.3 Indemnification. A. Except as otherwise provided herein, Grantee shall indemnify, hold harmless, release and defend City, its officers, and employees from and against any and all 19 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT lawsuits, claims, actions, demands, damages, disability, losses, expenses including reasonable attorney's fees and other defense costs or liabilities of any nature that may be asserted by any Person or entity, including Grantee, from any cause whatsoever, arising out of or in any way connected with the activities of Grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible and save City harmless from all matters relative to payment of Grantee's employees including compliance with Social Security, withholdings, etc. B. This indemnification obligation is not limited in any way by a limitation of the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise, or the terms, applicability or limitations of any insurance held by Grantee. C. City does not, and shall not, waive any rights against Grantee which it may have by reason of this indemnification, because of the acceptance by City, or the deposit with City by Grantee, of any of the insurance policies described in this Franchise. D. This indemnification by Grantee shall apply to all damages and claims for damages of any kind suffered by reason of Grantee's actions, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. 20 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 21 E. Grantee shall not be required to indemnify City for damages arising from the negligence or malfeasance of the City or its officials, boards, commissions, agents, or employees. F. Grantee shall immediately notify the City Risk Manager of any and all claims raised against the Grantee or Grantee and City jointly, and shall provide the City with a copy of the same. In order for the Grantor to assert its rights to be indemnified and held harmless, the Grantor must: (1) Promptly notify Grantee of any claim or legal proceeding which gives rise to such right; (2) Afford Grantee the opportunity to participate in and fully control any compromise, settlement, resolution or disposition of such claim or proceeding; and (3) Fully cooperate in the defense of such claim and make available to Grantee all such information under its control relating thereto. G. If the City determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the City. H. Grantee shall indemnify, defend and hold harmless the City, its officers, agents and employees against any and all claims or challenges brought against the City with respect to the validity of the terms and conditions of this Franchise renewal grant. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this section. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 3.4 Security Fund A. Grantee shall deposit into a bank account established by the City and maintain on deposit through the term of this Franchise, the sum of one hundred thousand dollars ($100,000.00), or provide the City with performance bond in the same amount, as a security ( "Security Fund ") for the faithful performance by it of all the provisions of this Franchise, and compliance with all orders, permits and directions of the City, and the payment by Grantee of any claim, liens and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. Interest accrued on this deposit, if any, shall remain with the deposit as additional security unless, after periodic review, the City determines, in its sole discretion, to rebate all or part of the accrued interest or to reduce the required amount of such Security Fund. Provision shall be made to permit the City to withdraw funds from such Security Fund as and to the extent permitted by this Franchise. Grantee shall not use such Security Fund for other purposes and shall not assign, pledge or otherwise use this Security Fund as security for any purpose. B. The Security Fund may be drawn on by City for those purposes specified in Section 3.6 hereof. Any such draw shall be conducted according to the procedures of Section 3.6, as the case may be, provided that Grantee has received written notice and thirty (30) days after receipt of notice to cure any material violations before any payment. C. Within thirty (30) days after notice to Grantee that any amount has been withdrawn by the Grantee from the Security Fund pursuant to Section 3.6, 22 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT Grantee shall deposit a sum of money sufficient to restore such Security Fund (or bond level) to its original amount. D. Nothing herein shall be deemed a waiver of the normal permit and bonding requirements made of all Persons working within the City's Rights -of -Way. E. Maintenance of the requisite Security Fund shall not in any way limit the liability of the Grantee for any failure to fully perform its obligations under this Franchise Agreement. 3.5 Procedure for Remedying Franchise Violations. A. Notwithstanding any provision in the Master Ordinance, if the City believes that the Grantee has failed to perform any obligation under the Master Ordinance or this Agreement, or has failed to perform in a timely manner the City shall first informally discuss the matter with the Grantee. If these discussions do not lead to resolution of the problem, the City shall then notify Grantee of the violation in writing by personal delivery or registered or certified mail, stating with reasonable specificity the nature of the alleged violation, and demand correction within a reasonable time, which shall not be less than twenty (20) days in the case of the failure of the Grantee to pay any sum or other amount due the City under this Franchise or the Master Ordinance, and thirty (30) days in all other cases. If Grantee fails to correct the violation within the time prescribed, or if Grantee is unable to correct the violation or fails to commence corrective action within the time prescribed and to diligently remedy such violation thereafter, the Grantee shall then be given a written notice of not less than twenty (20) days of a public 23 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT hearing to be held before the City Council. Said notice shall specify the time, and place of such hearing, and shall specify the violations alleged to have occurred. B. At the public hearing, the Council shall provide Grantee due process. The Council shall hear and consider all relevant evidence and thereafter render written findings of fact and a decision based upon the evidence. C. In the event the Council finds that Grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof from City and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. D. In determining whether a violation is material City shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage, if any, caused to the City or the City's residents thereby, whether the violation was chronic, any justifying or mitigating circumstances, and such other matters as the City may deem appropriate. E. In the event the Council finds that a material violation exists and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Council may impose liquidated damages, payable from the Security Fund, of up to five hundred ($500.00) per day or per incident, for major construction or safety violations or unexcused violations of the System construction schedule provided in Section 4.1 herein, and up to three hundred dollars ($300) per day or per incident for all other violations where a remedy is 24 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT not otherwise specified. Grantee may appeal any such damages before a court of competent jurisdiction. F. If Grantor elects to assess liquidated damages, then such election shall constitute Grantor's exclusive remedy for a period of sixty (60) days. Thereafter, if the Grantee remains in non - compliance, the Grantor may pursue any other available remedy. G. Repeated violations, whether remedied or not, may result in special notice by the City outlining further remediation requirements, including Franchise revocation action pursuant to the procedures set forth below. 3.6 Revocation. Any revocation proceedings shall be conducted as set forth herein. A. In addition to any rights in this Franchise Agreement, Grantor reserves the right to revoke the Franchise, and all rights and privileges pertaining thereto in the event that the Grantee: (1) Substantially violates a material provision of the Franchise Agreement, (2) Attempts to evade any material provision of this Franchise Agreement, or to practice fraud or deceit upon the City or Subscribers; or (3) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. B. Should the Grantor seek to revoke the Agreement after following the procedures set forth above in Subsection 3.6, Grantor shall first notify the Grantee in writing of its basis for believing grounds for revocation exist. Such notice shall indicate with reasonable specificity the grounds for revocation that are believed to exist so that the Grantee may have a reasonable opportunity to cure or otherwise address 25 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT the grounds. If the Grantee fails to adequately cure or address the purported grounds for revocation within thirty (30) days of such notice, then the Grantor may, upon thirty (30) days written notice to the Grantee, commence a public administrative hearing to determine whether there exists ground for revocation. C. The administrative hearing shall be conducted so as to protect the full due process rights of the parties and provide for, at a minimum, the right to be represented by counsel, the right to introduce relevant evidence, the right to require the production of evidence, the right to call and cross examine witnesses, and the right to have the matter heard before a mutually agreed upon third party hearing officer. A complete transcript shall be made of such hearing. D. After the close of the hearing, the party who conducted the hearing, (the Grantor or the designated hearing officer) shall issue a written decision based on the record of the proceedings, stating with specificity the findings and reasons supporting the decision, and shall transmit a copy of the decision to the Grantee and the Grantor. If the decision is rendered by a third party hearing officer, Grantor may accept, reject, or modify the decision of the hearing officer and shall issue a written statement setting forth its decision to accept, reject, or modify the decision, and the reasons therefore. E. Grantee shall have a period of sixty (60) days subsequent to the date of the final decision by the City within which to file an appeal with a court of competent jurisdiction. F. During the appeal period, the Franchise shall remain in full force and effect. 26 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 3.7 Compliance with Applicable Laws and Ordinances. A. Grantee shall conform to all generally applicable laws, rules and regulations of the United States and the State of Texas in the construction and operation of its Cable System and all generally applicable rules and regulations of the FCC. B. Grantee shall not refuse to hire or employ nor bar nor discharge from employment nor discriminate against any person in compensation or terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex. C. Any right, power, protection, privilege or immunity which is provided, granted or imposed on Grantee under or by virtue of the Cable Act, as may be amended or interpreted from time to time after the date hereof, shall remain inviolate and shall be available to Grantee notwithstanding any contrary provision of this Franchise, and the acceptance of the terms and conditions of the Master Ordinance and this Franchise Agreement shall not be construed as a waiver or release by Grantee or City of any right, power, protection, privilege, immunity or obligation under the Cable Act, the laws or Constitution of the United States or the laws and Constitution of the State of Texas. SECTION 4. SYSTEM CAPABILITIES 4.1 System Capabilities Grantee shall complete construction and activate its upgraded and rebuilt Cable System within the thirty -six (36) months of the Effective Date of this Agreement, which shall, at a minimum, provide the capabilities of a 750 MHz hybrid fiber optic - coaxial system architecture to all residential areas of the City having a density of thirty (30) homes per cable mile. 27 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 4.2 Required Extensions of the Cable System. A. Whenever the Grantee receives a request for Cable Service from a Subscriber in a contiguous area unserved by the Grantee where there are at least thirty (30) residences within one cable mile from the nearest usable portion of the Grantee's trunk or distribution cable which is to be extended, it shall extend its Cable System to such Subscribers at no cost to said Subscribers for the Cable System extension, other than the published Standard/non - Standard Installation fees charged to all Subscribers. Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the Cable System, into any annexed area which is not contiguous to the present service area of the Grantee, or into any area in which Grantee determines it to be financially or technically feasible to serve. B. No Subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of subsection 4.2 A above, the Grantee shall only be required to extend the Cable System to Subscriber(s) in that area if the Subscriber(s) are willing to share the capital costs of extending the Cable System. Specifically, the Grantee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per cable mile from the nearest usable point in the Grantee's trunk or distribution cable, and whose denominator equals 30. Subscribers who request service hereunder shall bear the remaining cost to extend the Cable System on a pro rata basis The Grantee may require that payment of the capital contribution in aid of construction borne by such potential Subscribers 28 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT be paid in advance. Subscribers shall also be responsible for any Standard/non- Standard Installation charges to extend the Cable System from the tap to the residence. 4.3 Periodic Evaluation Review and Modification. Grantor and Grantee acknowledge and agree that the field of cable service is a relatively new and rapidly changing one that may experience many regulatory, technical, financial, marketing and legal changes during the term of this Franchise Agreement. Therefore, to provide for the maximum degree of flexibility in this Franchise Agreement, and to help achieve a continued, advanced and modern Cable System, the following evaluation and review provisions will apply: A. The City may request evaluation and review sessions at any time after two (2) years from the Effective Date and each four (4) years thereafter during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, that there shall not be more than one (1) evaluation and review session during any calendar year. B. Topics which may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, System performance, programming, Cable Internet Service access, PEG access, local office, technology, trends in industry, changes in the multichannel video business, municipal uses of cable, Subscriber complaints, judicial rulings, FCC rulings and any other relevant topics that may arise. 29 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 30 C. During an evaluation and review session, Grantee shall fully cooperate with the City and shall provide without cost such reasonable information and documents as the City may reasonably request to perform the evaluation and review. D. If at any time during the evaluation and review, the City reasonably believes there is evidence of inadequate technical performance of the Cable System, the City may require Grantee, at Grantee's expense, to perform appropriate tests and analyses directed toward such suspected technical inadequacies. In making such request, the City shall describe and identify as specifically as possible the nature of the problem. Grantee shall cooperate fully with the City in performing such tests and shall report to the City the results of the tests, which shall include at least: (1) A description of the problem in System performance which precipitated the special tests; (2) The System component tested; (3) The equipment used and procedures employed in testing; (4) The method, if any, by which the System performance problem was resolved; (5) If the Grantees actions fail to properly identify and resolve the problem the Grantor shall have the right to request alternative tests; and (6) Any other information pertinent to said tests and analyses. E. As a result of an evaluation and review session, Grantee and the City shall, in good faith, review the terms of any proposed change and any proposed TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT amendment to this Franchise Agreement and seek to reach agreement on such change or amendment. F. The City and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party for changes in the System or amendment to the Franchise Agreement when the change or amendment: is not inconsistent with the other terms of the Franchise Agreement or with applicable law or regulations, and; is technically feasible and economically reasonable, and; will not result in a material alteration of the rights and duties of the parties under the Franchise Agreement. 4.4 Emergency Alert Capability. Grantee shall at all times comply with the FCC's Emergency Alert System rules and regulations. In the event the FCC rules are repealed then the Grantee shall, within 90 days of a request from the City, provide the City with the capability to override the audio on all channels for the purpose of cablecasting emergency announcements. 4.5 Closed Captioning and Descriptive Audio Service. Grantee will make audio descriptive service and closed captioning capabilities available to the extent required by state and federal law. 4.6 Parental Control Lock. Upon the request of a Subscriber, Grantee shall provide Subscribers a device by which the Subscriber can prohibit viewing of a particular cable service during periods selected by that Subscriber. Such device shall be provided for sale or lease at a reasonable charge unless otherwise required under applicable federal law. The Grantee may in all instances impose a reasonable security deposit requirement for the use of such devices. 31 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 4.7 HDTV /ATV Conversion. Conversion to High Definition Television/Advanced Television (HDTC /ATV) formats shall occur in accordance with applicable law. 4.8 Right of Inspection. Subject to protection of Subscriber privacy, City shall have the right to inspect all construction, reconstruction or installation work performed by Grantee under the provisions of the Franchise and its general police powers, to ensure Grantee's compliance with the Franchise and to protect the public health, safety and welfare of City's citizens. Except in emergency situations, City shall provide Grantee with reasonable advance notice and Grantee shall have the right to be present at such inspection. SECTION 5. SERVICES AND PROGRAMMING 5.1 Programming. A. Broad Programming Categories. Grantee shall provide or enable the provision of at least the following Initial broad categories of Programming, unless otherwise required by state or federal law: (1) Educational programming; (2) News & information; (3) Sports; (4) General entertainment (including movies); (5) Children/family - oriented; (6) Arts; culture and performing arts; (7) Spanish Language; (8) Science /documentary; 32 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT (9) Weather information; (10) Government affairs; and (11) Business/Financial Programming. B. Deletion or Reduction of Programming Categories. (1) Grantee shall not delete or change the mix, level, or quality of programming and services, or so limit as to effectively delete any broad category of Programming identified in Section 5.1.A and within its control without complying with the modification procedures required under federal law, including notice requirements. (2) Any modification proceeding shall be in accordance with applicable law. 5.2 Leased Commercial Access. Grantee shall make available to the public in a manner consistent with 47 U.S.C. §532 and associated FCC Rules and Regulations, a Channel or portion of a Channel of the Cable System for commercial use by Persons other than Grantee, for a fee or charge 5.3 Annual Reports. This Section shall supercede the applicable Annual Report requirement of the Master Ordinance. A. Upon request, Grantee shall make available to Grantor, at the end of each calendar year during the term of a Franchise Agreement, the following: (1) A revenue statement certified by a representative of the Grantee showing, in accordance with a Franchise Agreement, the Gross Revenues of the Grantee for the preceding fiscal year; 33 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT (2) A current list of names and addresses of each officer and director and other management personnel of the Grantee; (3) A copy of all documents that relate to the Grantee's System that were filed with any federal, State, or local agencies during the preceding fiscal year and that were not previously filed with Grantor; (4) A statement of the Grantee's current billing practices and charges; (5) A copy of the Grantee's current Subscriber Service contract; and (6) A copy of Annual Reports to stockholders, if any, for operating company and parent company. B. All of the above information shall not be required annually unless there is a change after the first filing. SECTION 6. SUPPORT FOR LOCAL CABLE RELATED NEEDS 6.1 Institutional Network. A. Grantee shall provide two (2) strands of dark fiber between those sites listed on Exhibit "B" and the nearest existing City fiber cable route (the "I- Net ") within 34 twelve (12) months of the Effective Date. All splicing (at both those sites listed on Exhibit `B" and at the nearest existing City fiber cable) shall be the responsibility of the City. Grantee shall provide up to two (2) strands of dark fiber to other sites upon the City's request and at the City's cost for time and material, including overhead, up to a total of twenty (20) strand miles. Under this provision, Grantee will extend beyond its existing fiber to the extent additional sites may be crucial to City. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 35 B. Grantee shall maintain the continuity of the I -Net fiber up to the demarcation point at each site. The demarcation point shall be defined as the "pigtail" point (consisting of a loop of fiber not to exceed one hundred fifty (150) feet) of the Grantee's fiber strands at each of the points described more fully at (A) above. There will be one (1) demarcation point at each of the sites listed in Exhibit `B" and a corresponding demarcation point at the nearest existing City fiber. C. The City shall be responsible for any and all connections between the demarcation point and the City locations and for providing any and all equipment necessary to light or to otherwise use the I -Net. D. Any and all customer premise equipment shall be the sole responsibility of the City. Grantee shall have no obligation with respect to any customer premise equipment. E. The I -Net shall be operated and utilized by the City as a closed- circuit system. The I -Net shall not be used to transmit or receive any communication (in whatever form, whether video, audio, data, voice or otherwise) destined to or originating from any other network, switched or otherwise, including without limitation the facilities of any local or long - distance telephone company except on terms and conditions acceptable to the City and Grantee. In the event the City does use the I -Net to transmit or receive any communication destined to or originating from any other network (switched or otherwise) without the express, written agreement of the Grantee, then the Grantee may pursue any and all remedies available to the Grantee under applicable law including, but not limited to, terminating the I -Net or imposing a usage fee pursuant to paragraph "J" below. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT to, terminating the I -Net or imposing a usage fee pursuant to paragraph "K" below. F. The City and the Grantee recognize and understand that the lighting of the dark fiber and the subsequent use of the I -Net may subject the Grantee to increased fees or taxes including, but not necessarily limited to, pole attachment fees. The City shall indemnify and reimburse the Grantee for any increased fees or taxes incurred by the Grantee due to or arising out of the City's use of the I -Net. G. The City shall indemnify, defend and hold the Grantee harmless for any action arising out of or due to the City's use of the I -Net. H. Because Grantee owns the I -NET between demarcation points, the City shall not convey, lease, assign, sublet, sell or dispose of the I -Net or related capacity, in whole or in part, in any way to any Person. The I -Net and related capacity is for the City's exclusive, non - commercial governmental use for the duration of the Franchise. Except as provided in paragraph "E" above, the City shall not be subject to a usage fee of the I -Net, so long as any other franchised cable operator is meeting its I -Net requirements, as those requirements existed as of the date of the Franchise. In the event any other franchised cable operator is not meeting its I- Net obligations, the Grantee may, following sixty (60) days notice to the City of such failure and the City's failure to rectify the disparity, impose a usage fee pursuant to paragraph "J" below. J. In the event a usage fee is imposed hereunder the usage fee shall be paid for the usage of the I -Net capacity and maintenance of outside plant. The usage fee will 36 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT be equal to the average rate charged by at least three (3) land -line providers in the City for equivalent capacities of bandwidth being provided on the I -Net (the "Average Rate "). If there are only two (2) providers in the City, the usage fee will be an amount equal to the Average Rate offered for identical services by the two (2) providers. If there is only one provider in the City, the usage fee will be an amount equal to the rate for identical services offered on a non - discriminatory basis by the provider. The usage fee will be adjusted annually to reflect changes in the City. The usage fee shall never be less than Grantee's cost. K. To the extent that the Grantee offers its own cable modem service, the Grantee shall make such service available to any City owned facility, otherwise receiving Cable Service from the Grantee, at a rate equal to twenty percent (20 %) off the applicable commercial rate card rate charged by Grantee. The City's use of the service shall be subject to the same terms, conditions and limitations placed on all commercial customers. 6.2 Public, Educational and Governmental Access. A. Access Channels. Grantee shall offer the following channels to each of its Subscribers as part of the Basic Service. (1) Public Access — Two (2) specifically designated Channels for non - commercial public access use. (2) Local Educational Access — One (1) specifically designated Channel for non - commercial local educational access use by City- designated users. (3) Government Access — One (1) specifically designated Channel for non- commercial use by the City. 37 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT B. Additional Access Channels. Upon demonstration that an Access Channel is in use with locally produced audio -video programming (not character- generated programming) during the weekdays (Monday- Friday), for seventy -five percent (75 %) of the time, twenty -four (24) hours per day for twelve (12) consecutive weeks, and there is a request or demand for use of an additional Channel for the same purposes, Grantee shall, upon receipt of written request from the City, have six (6) months in which to provide an additional Access Channel dedicated for the same purpose, provided that the provision of such additional Channel(s) shall not require the Grantee to install Converters. In calculating use of the Public, Educational and Governmental programming: 1. Character generated programming shall not be included. 2. For Public and Educational Access programming purposes repeat programming shall not be counted. 3. For Government Access programming purposes, repeat programming shall be counted only in the first week of the original cablecast for weekly programming up to a maximum of three (3) airings; and only in the first month of the original cablecast for monthly programming up to a maximum of four (4) airings. 4. For Public, Educational and Government Access programming purposes, only Locally Produced Programming shall be counted. 38 Under the above TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT conditions, the number of channels available for Public Access can be increased from two channels to three channels, and up to three channels can be made available for Educational and Government Access combined; provided that, in no event can more than a total of six channels be made available for all PEG Access combined. C. Unused Channels. If demand for use of the PEG Access Channels does not warrant activation or continuation of all such Channels, Public and Educational Access programming may, upon the written approval of the City, be combined on one or more Channels. D. Non - Commercial Programming. The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming. E. Transition. For ninety (90) days following the Effective Date (the "Transition Period "), the Grantee shall continue to provide scheduling and playback for the Public and Government Access Channels. In addition, during this Transition Period the Grantee shall also provide a playback schedule and duplicate of tapes for playback of Public Access programming for use by other franchised cable operators in the City. The City shall use pay or cause the other cable operators to pay Grantee by the fifteenth of each month one thousand dollars ($1,000.00) per month for each franchised cable operator (other than the Grantee) for the services provided by the Grantee during this Transition Period. After the ninety (90) day Transition Period, Grantee shall be relieved of any and all responsibility for the operation of the Public and Government Access Channels, 39 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT 40 other than the playback of tapes submitted to the Grantee, consistent with the Rules and Procedures for Public Access Cablecasting set forth in Exhibit "A" of the Master Ordinance. Notwithstanding anything to the contrary, the Grantee shall be relieved of any and all responsibilities for Public and Government Access, including playback services, in the event any other franchised cable operator is not cablecasting all PEG access programming within thirty (30) one hundred and twenty (120) days of the Effective Date. However. Grantee shall continue to meet its responsibilities for Public and Government Access in the event City has initiated and is actively pursuing default and revocation proceedings against other franchised cable operators. G. Capital Support for Gevemment Access. Upon the Effective Date, the Grantee shall make a one -time grant in the amount of two hundred thousand dollars ($200,000.00) for Government Access equipment and facilities (not for operating expenses or support). tire - same- phases- Grantee shall pay to City fifteen (15) payments of three thousand five hundred dollars ($3,500.00) at the beginning of each year during the term of this Franchise beginning in year one (1) for additional Public Access equipment and facilities. The City shall provide Grantee with documentation that the monies so granted have been used for their designated purpose or are being held in reserve. The Grantee shall be entitled to a credit on a future franchise fee payment in the event the City expends the funds granted for uses or purposes not related to Government Access equipment or facilities. TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT H. Donation of Equipment. Grantee shall donate to the City certain editing and production equipment utilized by it in a studio facility at the time of renewal of its franchise and this Franchise Agreement. Grantee and City acknowledge that a list has been provided by Grantee to the City which includes all of the equipment items, the age of the equipment, and its replacement cost. The donation will be without charge to the City and City and Grantee will work together to accomplish the transfer of all of such equipment to the City. I. Access Channel Designations. The location of the PEG Access Channels shall not be changed without sixty (60) days notice to the City. J. Ad Avail Grants. Grantee shall provide the City with up to one thousand two hundred (1,200) ad avail spots each year at the Grantee's lowest unit cost for run of schedule placement. The ad avails will be on a "run of schedule" basis and shall appear on Channels used by Grantee for local advertising. Grantee reserves the right to reject advertising consistent with its existing advertising standards. K. Technical Quality. Grantee shall insure that all PEG Access channels meet the technical standards of the FCC; provided, however, the Grantee shall not be responsible for defects, flaws or other impairments in the programming delivered to the Grantee. 6.3 Drops to Public Buildings. Grantee shall provide installation of one (1) cable Drop, and one (1) outlet, provide monthly Basic Cable Service, without charge, to administrative buildings owned and occupied by the City, and K -12 state accredited schools, with the drop length not to exceed one hundred and fifty (150) feet. For all other locations where the drop length 41 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT exceeds one hundred fifty (150) feet, the requesting entity shall pay the additional incremental costs of time and material for such drop beyond the cost of a one hundred and fifty (150) feet drop. At such a public institution's request, the institution may add outlets at its own expense, as long as such installation meets the Grantee's standards. Notwithstanding anything to the contrary, Grantee shall, upon written request of the City, provide one (1) free drop to the Airport Facility and one (1) free drop to the Administrative Office at the Marina, and provide Basic Cable Service without charge. 6.4 Use of Grantee's Facilities. Subject to any applicable state or federal regulations, the City shall have the right to install and maintain, upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by the City for municipal purposes. Provided, however, that (a) such use by Grantor does not unreasonably interfere with the current or future use by Grantee; (b) such use by Grantor is restricted to non - commercial municipal purposes; and (c) Grantor takes reasonable precautions to prevent any use of Grantee's facilities in any manner that results in an inappropriate use thereof, or any loss or damage to the Cable System; and (d) the Grantor and Grantee agree upon the terms and conditions, including reasonable compensation for such use. For the purposes of this subsection, "municipal purposes" includes, but is not limited to, the use of the structures and installations for Grantor fire, police, traffic, water, telephone, and/or signal systems, but not for Cable System purposes in competition with Grantee. Grantee shall not deduct the value of such use of its Facilities from its Franchise Fee and/or other fees payable to Grantor 42 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT SECTION 7. REGULATION 7.1 Franchise Regulation. Except as otherwise provided in this Franchise Agreement, the Franchise renewed herein shall be subject to regulation by City in accordance with all of the lawful provisions of the Master Ordinance. 7.2 Force Majeure. In accordance with the Master Ordinance, in the event Grantee's performance of any of the terms, conditions, obligations or requirements of this Franchise Agreement or Master Ordinance is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability of Grantee to obtain, without cost, access to an individual's property, and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee made all reasonable efforts to ensure that required equipment, parts, components, personnel and proprietary activity was ordered, hired, paid for, scheduled, checked, approved and/or facilitated. 7.3 Severability. If any material Section of this Franchise Agreement is held by a governmental authority of competent jurisdiction, to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect, or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any such applicable laws, 43 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT such provision shall be considered a separate, distinct, and independent part of this Ordinance, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions hereof. 7.4 Amendments. This Franchise Agreement may be amended only by the mutual consent of the City and Grantee. Any amendment must be in writing and executed by the City and Grantee. IN WITNESS WHEREOF, City and Grantee have executed this Franchise the date and year first above written. CITY OF CORPUS CHRISTI, TEXAS By: Date: ATTEST: Armando Chapa, City Secretary (SEAL) TEXAS CABLE PARTNERS, L.P. By: (Corporate Seal) Date: STATE OF TEXAS 44 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT ) ss. COUNTY OF NUECES The foregoing instrument was acknowledged before me on , 2002, by , the of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. STATE OF TEXAS COUNTY OF ) ss. Notary Public, State of Texas The foregoing instrument was acknowledged before me on , 2002, by , the of Texas Cable Partners, L.P., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas 45 TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT Installation Basic Service Pay Services FM Guides Franchise Fees Pay -Per -View Late Fees Miscellaneous July EXHIBIT A August September #REF! #REF! #REFI Other Cash Receipts - Advertising Total - - Bad Debt Recovery GRAND TOTAL #REF! #REF! FRANCHISE FEE @ 5% QVC, HSN & Valuevision Guides Misc (Bulk, Prod.) TOTAL - - Total Ad Sales Account Corpus Christi Percentage 5% 5% Advertising Total - - m #REF! 5% Totals #REF! #REF! #REF! Total TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT EXHIBIT B I -NET SITES Franchise Renewal - 30 Fiber Locations Sites 1 1. City Hall 2 3. Airport 3 6. Northwest Branch Library 4 9. Vector Control 5 11. Fire Station #3 6 12. Fire Station #10 7 13. Del Mar West 8 17 Police & Municipal Court 9 18. Ovean Williams Sr. Center 10 19. Morgan /Elizabeth 11 20. Staples /Carmel 12 21. Convention Center 13 23. Del Mar East Computer Room 14 24. Gas Department 15 25. Fire Station #6 16 26. Fire Station #8 17 27. Service Center 18 28. Flour Bluff Clinic 19 29. Williams Drive Clinic 20 30. WW Treatment Plant 21 32. Fire Station #14 22 33. Fire Station #11 23 35. Fire Station Rodd Field Road 24 36. Yorktown /Staples 25 37. Natatorium Kostoryz/Saratoga 26 38. Oso Golf Course 27 39. Glen Oka/Waldron 28 40. Cedar Pass /Everhart 29 41. Alameda/Ocean 30 43. Holly /Everhart 47 Demarcation Point #1 1201 Leopard Hwy 44 3202 McKenzie 3041 Morgan 1401 Morgan 1550 Horne Rd 4101 Old Brownsville Rd 321 John Sartain 1414 Martin Luther King Morgan /Elizabeth 1025 Carmel Pkwy 1901 N. Shoreline Baldwin /Ayers 4225 S. Port 6713 Weber 4639 Kostoryz 2525 Hygeia 1456 Waldron Rd 5805 Williams Dr 201 Jester 5901 S. Staples 910 Airline 2300 Rodd Field Rd Yorktown /S. Staples 3202 Cabiness Pkwy 5601 S. Alameda Glen Oak/Waldron Rd Cedar Pass /Everhar Rd Alameda/Ocean Dr Holly /Everhart Corresponding Demarcation Point City Hall To Convention Center City Hall To Del Mar West City Hall To Del Mar West City Hall To Del Mar West City Hall To Del Mar West City Hall To Del Mar West City Hall To Del Mar West City Hall To Del Mar West City Hall To Convention Center City Hall To Del Mar West Service Center to Staples and Camel City Hall To Convention Center City Hall To Del Mar East Service Center to Staple and Kostoryz Service Center to Everhart Service Center to Staple and Kostoryz Service Center to Staple and Kostoryz Service Center to Staples and Saratoga Oso Golf to Airline to Holly Service Center to Staples and Saratoga Service Center to Staples and Saratoga Oso Golf to Airline to Holly Service Center to Rodd Field Rd & Holly Service Center to Everhart Service Center to Staple and Kostoryz Oso Golf to Airline to Holly Service Center to Staples and Saratoga Service Center to Everhart Oso Golf to Airline to Holly Service Center to Everhart TEXAS CABLE PARTNERS FRANCHISE RENEWAL AGREEMENT Nearest Existing City Fiber refers to one of the major fiber runs described below: City Fiber Reference (1) City Hall To Convention Center (2) City Hall To Del Mar West (3) City Hall To Del Mar East (4) Service Center to Staple and Kostoryz (5) Service Center to Everhart (6) Service Center to Staples and Saratoga (7) Service Center to Staples and Camel Service Center to Rodd Field Road and (8) Holly (9) Oso Golf to Airline to Holly 48 Description Lipan to Mesquite down Chapparral to Convention Center Lipan to Alameda to Morgan to Airport down Old Brownsville Road to Campus Lipan to Alameda to Morgan to 10th Street down Ayers to Campus East on Holly to Kostoryz north to Staples and Traffic Signal Box East on Holly to Everhart and north to Coravo East on Holly to Staples and south to Saratoga East on Holly to Staples and North to Camel East on Holly to Rodd Field Road East on Holly to Airline to Oso Golf Course Studio Item Qty Cost Total Age Audio 1 $800.00 $800.00 6 years Cameras m/CCU and Cable 3 $18.000.00 $54.000.00 8 years Cassette 1 $400.00 $400.00 12 years CD Player 1 $400.0O $400.00 4 years Editor Controller 1 $10'000.00 Q10'000.00 7 years Graphic Generator 1 $3.000.00 $3'000.00 6 years Inter Com System (4 headsets) 1 Q4.500.00 $4'500.00 5 years Monitors (quads b&w) 2 $800.00 $1.600.00 10 years Monitors /14"Color) 2 $2.500.O0 $5.000.00 6 yers Monitors (9" Color) 2 $450O0 $000.00 5 years 1/2 vhs Player 1 $2.000.00 $2'000.00 8 years 3/4 player 1 $4.500.00 $4'500.00 7 years 3/4 Editor (Recorder) 1 $5.000.00 Q5'000.00 4 years TBC 3 $1.300.00 $3'900.00 12 years Sync Generator 1 $3.000.00 $3.000.00 4 years Misc. (microphones, stand,cable 1 $3.000.00 $3.000.00 6 years Racks w/console 5 $825.00 Q4.125.00 12 years Ki|go|''Scoope"(10OO watts) ° 4 $300.O0 $1.20000 15 years Ki|go|"Fenne|s"(75O watts) ° 3 $250.00 $750.00 15 years Backlights (650 watts) * 3 $150.00 $450.00 15 years Studio Sub-Total Editing Room $108,535.00 Item Qty Cost Total Age Editing controller 1 $1.500.00 $1'500.00 8 years Character Generator 1 $8.000.00 $8'000.00 11 years Character Generator Encoder 1 $2'000.00 Q2'000.00 11 years 13" color monitor 1 $880.00 $880.00 5 years 0" B/W monitor 2 $250.00 $500.00 8 years 1/2" player 1 $2'500.00 Q2.500.00 8 years SVHG1/2'Editor 1 $5.000.00 $5'000.00 3 years AudioNideo Mixer 1 $5.000.00 $5,000.00 8 years Audio Cassette Ptayer/Recorder 1 $200.00 $200.00 7 years 3/4" VCR 1 $5.000.00 $5.000.00 8 years CD Player 1 $200.00 $200.00 8 years Racks w/console 2 $825.00 Q1.850.00 8 years Editing Room Sub-Total E mi mem$Check^Omt $32,430.00 Item Qty Cost Total Age VHS Camcorder 3 $000.00 $1.800.00 4 years Tripods 3 $400.00 $1,200.00 8 years Hand microphones 3 $90.00 $270.00 8 years Lapel microphones 3 $230.00 $600.00 8 years 3 light kit 3 %780.O0 $2'340.00 8 years Mic stands w/boom arm 3 $150.00 $450.00 8 years Assorted cables, plugs, accessories 1 $200.00 $200.00 N/A IMicrophone mixer 1 $525.00 $525.00 Check Out Sub-Total Total $7,475.00 $148,430.00 *Lights are not self-supporting and require commercial electrical powering. 19 years MASTER CABLE SERVICES REGULATORY ORDINANCE CITY OF CORPUS CHRISTI, TEXAS MASTER CABLE SERVICES REGULATORY ORDINANCE MASTER CABLE SERVICES REGULATORY ORDINANCE TABLE OF CONTENTS Page ARTICLE 1. STATEMENT OF INTENT AND PURPOSE 5 1.1 Statement of Intent and Purpose. 5 ARTICLE 2. SHORT TITLE 6 ARTICLE 3. DEFINITIONS 6 3.1 "Basic Cable Service" 6 3.2 "Cable Act" 6 3.3 "Cable Internet Service" 7 3.4 "Cable Service" or "Service" 7 3.5 "Cable Television System" or "Cable System" 7 3.6 "Capital Contribution" 8 3.7 "Capital Costs" 8 3.8 "Channel" 8 3.9 "City" 8 3.10 "Class IV Cable Communications Channel" 8 3.11 "Community Access Corporation" 8 3.12 "Complaint" 8 3.13 "Converter" 8 3.14 "Council" 9 3.15 "Direct Incremental Costs" 9 3.16 "Drop" 9 3.17 `Educational Access Channels" 9 3.18 "Effective Date" 9 3.19 "FCC" 9 3.20 "Franchise" 9 3.21 "Franchise Agreement" 10 3.22 "Franchise Area" 10 3.23 "Franchise Fee" 10 3.24 "Govenunent Access Channels" 6 3.25 "Grantee" 10 3.26 "Grantor" 11 3.27 "Gross Revenues 11 3.28 "Incumbent Grantee" 7 3.29 "Institutional Network" or I -Net 7 3.30 "Institutional Network Services" 12 3.31 "Lockout Device" 8 i MASTER CABLE SERVICES REGULATORY ORDINANCE 3.32 "Municipal Teleconununications Consent Fee" 12 3.33 "Non- Commercial" 13 3.34 "Normal Business Hours" 13 3.35 "Normal Operating Conditions" 13 3.36 "Other Programming Service" 9 3.37 "Person" 13 3.38 "Public Access Channels" 13 3.39 "Resident" 13 3.40 "Right -of -Way" 13 3.41 "Service Interruption 14 3.42 "Standard Installation" 14 3.43 "Subscriber" 14 3.44 "System" 14 ARTICLE 4. FRANCHISE REQUIREMENTS 10 4.1 Unlawful to Operate Without a Franchise. 10 4.2 Franchises Non - Exclusive. 10 4.3 Franchises Non - Discriminatory. 15 4.4 Franchise Territory 16 4.5 Term of the Franchise. 16 4.6 Federal, State, and City Jurisdiction. 16 4.7 Rights Reserved To Grantor. 17 4.8 Franchise Agreement. 18 4.9 Initial Franchise Applications. 19 4.10 Consideration of Initial Applications 20 4.11 Franchise Renewal. 21 4.12 Grant of Additional Franchise and Competing Service 21 4.13 Permits for Non - Franchised Entities 23 4.14 Competition Review. 19 ARTICLE 5. DESIGN PROVISIONS 20 5.1 System Design. 20 5.2 The System 25 5.3 Drops to Public Buildings 25 5.4 Use of Grantee Facilities 26 5.5 Upgrade of System 26 5.6 Non - Discriminatory Access To Cable System. 26 ARTICLE 6. INSTITUTIONAL NETWORK, AND PUBLIC EDUCATIONAL AND GOVERNMENTAL ACCESS 27 6.1 Institutional Network, Access Channels 27 6.2 Proof of Performance Testing. 28 ii MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 7. TECHNICAL STANDARDS AND CUSTOMER SERVICE PRACTICES 29 7.1 General Technical Standards and Customer Service Practices 29 7.2 Technical Standards. 29 7.3 Test and Compliance Procedure. 29 7.4 Emergency Requirements. 30 7.5 Programming Decisions 30 7.6 Cable System Office Hours and Telephone Availability 30 7.7 Service Calls and Installations. 34 7.8 Repairs and Interruptions 37 7.9 Disconnections, Downgrades and Refunds 39 7.10 Communications Between Grantees and Subscribers 43 7.11 Complaint Log. 47 7.12 Parental Control 47 7.13 Periodic Subscriber Survey 47 7.14 Service Area 47 7.15 Customer Service Reporting Requirements 48 7.16 City Monitoring. 49 ARTICLE 8. CONSTRUCTION STANDARDS 46 8.1 Right -of -Way Construction. 46 8.2 Compliance with Laws. 46 8.3 Minimum Interference. 47 8.4 Repair of Property 47 8.5 Erection of Poles Prohibited. 47 8.6 Reservations of Street Rights 48 8.7 Underground Installation. 52 8.8 Conduit 8.9 Clearing Poles and Cables. 53 8.10 Moving Facilities. 54 8.11 Work Performed by Others. 54 8.12 Duty to Grantee 55 ARTICLE 9. OPERATION AND MAINTENANCE 55 9.1 Open Books and Records 55 9.2 Communications with Regulatory Agencies. 55 9.3 Annual Reports. 56 9.4 Additional Reports. 57 9.5 Strand- and - Trench Maps 57 9.6 Service Contract and Subscriber Information. 57 ARTICLE 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS 54 10.1 Franchise Fee. 54 MASTER CABLE SERVICES REGULATORY ORDINANCE 10.2 Security Fund. 56 10.3 Penalties Procedure. 56 10.4 Bonds, Indemnification, and Insurance 61 ARTICLE 11. REVOCATION 62 11.1 Grounds for Revocation 62 11.2 Procedure. 62 ARTICLE 12. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT 63 12.1 Foreclosure 63 12.2 Receivership 64 ARTICLE 13. PURCHASE OF SYSTEM 65 13.1 Grantor's Right to Purchase System upon Receipt By Grantee of a Bona Fide Offer 65 13.2 Purchase By Grantor Upon Termination of Franchise Term or Revocation of Franchise. 65 ARTICLE 14. SALE OR TRANSFER 66 14.1 Sale or Transfer of Franchise. 66 ARTICLE 15. RIGHTS OF INDIVIDUALS PROTECTED 67 15.1 Discriminatory Practices Prohibited. 67 15.2 Subscriber Privacy. 68 ARTICLE 16. MISCELLANEOUS PROVISIONS 68 16.1 Rate Regulation 68 16.2 Rights Reserved to Grantor 64 16.3 Administration of Franchise. 65 16.4 Nonenforcement by the City 65 16.5 Governing Law and Choice of Forum. 65 16.6 Severability. 65 16.7 Publication of Notices 70 iv MASTER CABLE SERVICES REGULATORY ORDINANCE ORDINANCE NO. ARTICLE 1. STATEMENT OF INTENT AND PURPOSE 1.1 Statement of Intent and Purpose. A. The City of Corpus Christi, Texas, pursuant to applicable federal and State law, is authorized to grant one or more nonexclusive Franchises to construct, operate, maintain, and reconstruct Cable Systems within the City. B. The City Council of Corpus Christi fmds that Cable Service has become an integral part of its citizens' lives, and that evolving Cable Systems have the potential to play an even more dramatic role in the future, providing great benefits and advanced capabilities to the City. At the same time, The Council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers that are vested in the City or such Persons as the City designates. C. In order to ensure that the City and its Residents receive state of the art Cable Services and capabilities as this technology further evolves, all Franchises granted pursuant to this Ordinance will be subject to periodic review and modifications to keep current with changing law, technology, and Services. It is the intent of this Ordinance to help ensure that local cable operators provide the best possible Cable Service to Residents of the City and any Franchises issued pursuant to this Ordinance shall be deemed to include this finding as an integral part thereof. D. The Council further finds that on -going industry consolidation could result in less local accountability, and that therefore stringent customer service standards, including liquidated damage provisions, may be the only practical means of 5 MASTER CABLE SERVICES REGULATORY ORDINANCE ensuring compliance and approximating the costs of Franchise Agreement non- compliance to the City and its Residents. ARTICLE 2. SHORT TITLE This Ordinance shall be known and may be cited as the "City of Corpus Christi Master Cable Services Regulatory Ordinance." ARTICLE 3. DEFINITIONS For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 3.1 "Basic Cable Service" means any Cable Service tier that includes the lawful retransmission of local television broadcast signals and any Public, Educational, and Governmental Access programming required by this Ordinance or a Franchise Agreement to be carried on the basic tier. Basic Cable Service as defined herein shall be consistent with 47 U.S.C. § 543(b)(7) (1997). 3.2 "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No. 98 -549, (codified at 47 U.S.C. §§ 521 -611 (1982 & Supp. V. 1987) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102 -385, and the Telecommunications Act of 1996, Pub. L. No. 104 -104 (1996) as may, from time to time, be amended. 6 MASTER CABLE SERVICES REGULATORY ORDINANCE 3.3 "Cable Internet Service" means any Cable Service offered by a Grantee whereby Persons receive access to the Internet through the Cable System. 3.4 "Cable Service" or "Service" means: A. The one -way transmission to subscribers of (i) video programming, (ii) other programming service; or (iii) other Services agreed to in a Franchise Agreement unless lawfully determined not to be a Cable Service. B. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; and C. For purposes of this Ordinance, unless determined otherwise under applicable federal law, Cable Internet Service shall be considered Cable Service. 3.5 "Cable Television System" or "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service to multiple Subscribers within the Franchise Area, but such term does not include: A. A facility that serves only to retransmit the television signals of one or more television broadcast stations; B. A facility that serves Subscribers without using any public Right -of -Way; or C. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201 -226, except that such facility shall be considered a Cable System to the extent such facility, whether on a common carrier basis or otherwise, is used in the transmission of video programming directly to Subscribers. 7 MASTER CABLE SERVICES REGULATORY ORDINANCE 3.6 "Capital Contribution" means a contribution provided by a Grantee as determined in a Franchise Agreement that may at the City's discretion be utilized for the Capital Costs of the municipal access channel facilities, or to help defray the costs of an I -Net. 3.7 "Capital Costs" means costs associated with the purchase of assets, products or other resources that are designed to provide Service for more than one year. 3.8 "Channel" means a portion of the electromagnetic spectrum [or fiber optic capacity] that is capable of carrying one standard six (6) megahertz video signal, in either analog or digital form. Consistent with future changes in technology and/or applicable law, the parties may mutually agree to a different definition in an individual Franchise Agreement. 3.9 "City" means the City of Corpus Christi, Texas. 3.10 "Class IV Cable Communications Channel" means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. 3.11 "Community Access Corporation" or "CAC" means a non -profit Access Corporation serving the City, its assignees or delegees, or any other entity designated by the Grantor whose duties shall include the financing, management, and programming of Public and Educational Access, and whatever other duties with respect to the PEG Access Channels that the Grantor from time to time may delegate. 3.12 "Complaint" means any written or electronic inquiry, allegation, or assertion, made by a Person regarding Service, which requires corrective action on the part of the Grantee. 3.13 "Converter" means an electronic device that converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and, through the 8 MASTER CABLE SERVICES REGULATORY ORDINANCE use of an appropriate Channel selector, permits a Subscriber to view all authorized Subscriber signals delivered at designated converter dial locations. 3.14 "Council" means the City Council of Corpus Christi, Texas. 3.15 "Direct Incremental Costs" means the costs actually incurred by Grantee in meeting an obligation under its Franchise which Grantee would not otherwise have incurred in order to either operate and conduct the business of its Cable System or meet another obligation of the Franchise. 3.16 "Drop" means the cable or cables that connect users of' the System to the distribution system in order to receive Service. 3.17 "Educational Access Channels" means Channels specially designated for Non - Commercial educational access programming use. 3.18 "Effective Date" means the date a Franchise becomes effective in accordance with the Franchise and the rules and procedures of the City. 3.19 "FCC" means the Federal Communications Commission or a designated representative. 3.20 "Franchise" means the rights and obligations extended by the City to a Person to own, lease, construct, maintain, or operate a Cable System in the Right -of -Way within the Franchise Area for the purpose of providing Cable Services. Any such authorization, in whatever form granted, shall not mean or include: (i) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; (ii) any permit, agreement, or authorization required in connection with operations in the Right -of -Way including, without limitation, permits and agreements for placing devices on or in poles, conduits, or 9 MASTER CABLE SERVICES REGULATORY ORDINANCE other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the Right -of -Way. 3.21 "Franchise Agreement" means a Franchise granted pursuant to this Ordinance. 3.22 "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. 3.23 "Franchise Fee" means any tax, fee, or assessment of any kind imposed by the City or other governmental entity on a Grantee solely because of its status and activities as such. The term "Franchise Fee" does not include: (i) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their Services but not including a tax, fee, or assessment that is unduly discriminatory against cable operators or cable Subscribers); (ii) capital costs that are required by a Franchise Agreement to be incurred by a Grantee for PEG Access equipment and facilities; (iii) costs associated with the construction and operation of an I- Net; (iv) requirements or charges incidental to the award or enforcement of a Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, compliance audits, penalties, or liquidated damages; (v) any fee imposed under Title 17 of the United States Code; or (vi) any generally applicable Right -of -Way fee imposed by the City on the Grantee as a telecommunications provider pursuant to Title 9, Chapter 283 of the Texas Local Government Code, or other applicable law. 3.24 "Government Access Channels" means Channels specially designated for non- commercial governmental access programming use. 3.25 "Grantee" means a Person who is granted a Franchise or that Person's lawful successors, transferees, or assignees. 10 MASTER CABLE SERVICES REGULATORY ORDINANCE 3.26 "Grantor" means the City or its delegates. 3.27 "Gross Revenues" means any revenue derived directly or indirectly by a Grantee from the operation of its Cable System to provide Cable Service, within the Franchise Area, including revenues received by its affiliates, subsidiaries, parent, or any other Person, in which a Grantee has a financial interest of five percent (5 %) or more, where such revenue in the ordinary course of business should have been paid to Grantee. By way of illustration and not limitation, this definition would include revenue derived from the sale of Cable System advertising time by an Affiliate of Grantee. Gross Revenues shall include but are not limited to, pay cable fees, installation and reconnection fees, Franchise Fees collected from Subscribers, leased channel access fees, Converter rentals, fees for Cable Internet Service (unless it is determined by applicable law that it is not a Cable Service), home shopping revenues, all Cable service lease payments from the Cable System; payments or other consideration received by the Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; and advertising revenues. The term does not include taxes on Services furnished by a Grantee and imposed directly upon any Subscriber or user by federal, state, or local law and collected by Grantee on behalf of such governmental unit, or amounts collected from subscribers for public, educational and government access. Nor does the term include any revenues earned by the Grantee through the provision of telecommunications services as defined under the Telecommunications Act of 1996. 3.28 "Incumbent Grantee" means a cable operator that has been granted a Franchise by the City prior to the effective date of this Ordinance. 11 MASTER CABLE SERVICES REGULATORY ORDINANCE 3.29 "Institutional Network" or "I -Net" means capacity, fibers or both, from both within the primary cable network and/or separately constructed networks that are dedicated to municipal users or other governmental and educational users as detennined by the City Manager or his/her designee for two -way, broadband communications. The I -Net includes all equipment and maintenance of equipment required to make the capacity available including but not limited to fiber, cable modems, coaxial cable, switching, routing, transmitting and receiving equipment necessary for the use of the network as determined in the individual Franchise Agreement. 3.30 "Institutional Network Services" means the provision of an I -Net by a Grantee to municipal users and other governmental and educational users as detennined by the City Manager or his/her designee, pursuant to the terms of a Franchise Agreement for non- commercial applications including but not limited to, two -way dedicated voice, data, video, Internet and telephony channels connecting and interconnecting user facilities; computerized traffic control systems; Supervisory Control and Data Acquisition (SCADA) or automatic meter reading (AMR) systems for municipally -owned utilities; and the interconnection of facilities serving police, fire and other public safety systems. 3.31 "Lockout Device" means a mechanical or electrical accessory to a Subscriber's terminal that inhibits the video or audio portions of a certain program or certain Channel(s) provided by way of a Cable System. 3.32 "Municipal Telecommunications Consent Fee" means a fee assessed on a telecommunications provider for the use of the City's Rights -of -Way pursuant to Title 9, Chapter 283 of the Texas Local Government Code, or other applicable law. 12 MASTER CABLE SERVICES REGULATORY ORDINANCE 3.33 "Non - Commercial" means Channels or programming that are operated on a not - for - profit basis. 3.34 "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, Normal Business Hours must include some evening hours, at least one night per week, and some weekend hours. 3.35 "Normal Operating Conditions" means any and all situations or conditions that are ordinarily within the control of a Grantee, including but not limited to, management or corporate decisions; employee conduct; staffing levels; special promotions; pay - per -view events; rate increases; regular peak or seasonal demand periods; electronic and video equipment; maintenance, repair or upgrade of the Cable System, and any associated computer or software systems. Those conditions that are not within the control of a Grantee include, but are not limited to, natural disasters; civil disturbances; power outages; telephone network outages; and severe or unusual weather conditions. 3.36 "Other Programming Service" means information that a Grantee makes available to all Subscribers generally. 3.37 "Person" means any corporation, partnership, proprietorship, individual, organization, governmental entity or any natural person. 3.38 "Public Access Channels" means Channels specially designated for non - commercial public access programming use. 3.39 "Resident" means any Person residing in the City. 3.40 "Right-of-Way" means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City, including without limitation the surface and space within, 13 MASTER CABLE SERVICES REGULATORY ORDINANCE above and below any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct, bridge, park, or any other place, area, easements, rights -of -way and similar public property and areas, or real property owned by or under the control of the City. 3.41 "Service Interruption" means the loss of picture or sound on one or more Channels on the System, or the degradation of the picture and/or sound quality on such Channels to the extent that the Subscriber is unable to use the signals, regardless of the cause, for any reason whatsoever. 3.42 "Standard Installation" means any Service installation that can be completed using a Drop of one hundred twenty-five (125) feet or less, unless otherwise specified in the Franchise Agreement. 3.43 "Subscriber" means any Person who or which elects to subscribe for any purpose to Cable Service provided by a Grantee by means of, or in connection with, the Cable System, and whose premises or facilities are physically wired and lawfully activated to receive Cable Service from Grantee's Cable System, including Persons who receive Cable Service without charge according to the terms of the Franchise Agreement. 3.44 "System" means a Grantee's Cable System operated pursuant to a Franchise Agreement within the Franchise Area. 14 MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 4. FRANCHISE REQUIREMENTS 4.1 Unlawful to Operate Without a Franchise. It shall be unlawful for any Person to construct, operate or maintain a Cable System or to provide Cable Service in the City without a Franchise. Any such person shall be subject to a fine of $500 per day. The payment of such fine notwithstanding, all such violators shall be subject to all other applicable provisions of this Ordinance, including but not limited to the payment of a Franchise Fee. 4.2 Franchises Non - Exclusive. Any Franchise granted pursuant to this Ordinance shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable Television System or any component thereof, to any other Person including itself, as it deems appropriate, subject to applicable federal and State law. 4.3 Franchises Non - Discriminatory. In the event the City grants more than one Franchise or similar authorization for the construction, operation, or maintenance of any Cable System to a qualified Person in a Franchise Area, the City's policy shall be to grant the Franchises on terms that are non- discriminatory and competitively neutral, provided that nothing herein shall be construed as requiring the use of identical terms or conditions, or limit the enforceability of conditions that are freely negotiated. 15 MASTER CABLE SERVICES REGULATORY ORDINANCE 4.4 Franchise Territory. Any Franchise shall be valid within the entire Franchise Area. Unless a Franchise Agreement specifically states otherwise, every Franchise shall apply to the entire territorial area of the City. 4.5 Term of the Franchise. A Franchise Agreement shall establish the term of Franchise. A Franchise Agreement may provide for a term of up to fifteen (1 5) years. 4.6 Federal. State. and City Jurisdiction. A. This Ordinance shall be construed in a manner consistent with all applicable federal and State laws. B. In the event that the federal or State government discontinues preemption in any area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, Grantor may, if it so elects, adopt rules and regulations in these areas to the extent permitted by law. C. Grantee's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. Grantee shall comply with all applicable general laws and ordinances enacted by the City pursuant to that power. D. The provisions of this Ordinance shall apply to all Franchises granted or renewed after the effective date of this Ordinance. This Ordinance shall also apply to all existing Franchises, to the extent not inconsistent with the terms of any such Franchise or applicable law. In the event of any conflict between the terms and 16 MASTER CABLE SERVICES REGULATORY ORDINANCE conditions of a Franchise Agreement and the provisions of this Ordinance, and other generally applicable regulatory ordinances of the City, the specific terms of the Franchise Agreement shall control. A Franchise Agreement (including all of Grantee's particular rights, powers, protections, privileges, immunities and obligations associated therewith) shall constitute a legally binding contract between the City and Grantee, and as such, cannot be amended, modified or changed by the City without the consent of Grantee in any manner whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on Grantee more stringent or burdensome requirements or conditions; provided, however, that nothing herein contained shall preclude the City from the proper exercise of its police powers, or its powers of eminent domain. E. In the event of a change in state or federal law which by its terms would require the City to amend this Ordinance, the parties shall modify the existing Franchise in a mutually agreed upon manner. F. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Ordinance or a Franchise Agreement by reason of any failure of the City to enforce prompt compliance. 4.7 Rights Reserved To Grantor. A. In addition to any rights specifically reserved to Grantor by this Ordinance or a Franchise Agreement, Grantor reserves to itself every right and power that is required to be reserved by a provision of any other ordinance or under any other Franchise. 17 MASTER CABLE SERVICES REGULATORY ORDINANCE B. Grantor shall have the right to waive any provision of this Ordinance or a Franchise Agreement, except those required by federal or State regulation, if the Grantor determines: (1) that it is in the public interest to do so and (2) that the enforcement of such provision will impose an undue hardship on a Grantee or the Subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of Grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance, nor be deemed a waiver of any other provision of this Ordinance or a Franchise Agreement unless the statement in its final form approved by the City Council so recites. 4.8 Franchise Agreement. A. Every Grantee shall agree to the terms and provisions of a Franchise Agreement as negotiated between the Grantee and the Grantor. B. In addition to those matters required elsewhere in this Ordinance to be included in the Franchise Agreement, each Franchise Agreement must contain the following express representations by each Grantee: (1) Grantee accepts and agrees to all of the provisions of this Ordinance, as it exists as of the effective date of the Grantee's Franchise Agreement, except as set forth in Section 4.6, and any supplementary specifications as to construction, operation, or maintenance of the System which the City may include in the Franchise Agreement. (2) Grantee has examined all of the provisions of this Ordinance and agrees to the terms and conditions herein. 18 MASTER CABLE SERVICES REGULATORY ORDINANCE (3) Grantee recognizes the right of the City to adopt such additional Ordinances of general applicability as it shall find necessary in the exercise of its police power. C. Every Franchise Agreement shall contain such further conditions or provisions as may be negotiated between the City and a Grantee, except that no such conditions or provisions shall be such as to conflict with any provisions of state or federal law. In case of any conflict or of any ambiguity between any terms or provisions of a Franchise Agreement and this Ordinance, the provisions of the Franchise Agreement shall control. 4.9 Initial Franchise Applications. Any Person desiring an initial Franchise for a Cable System shall file an application with the City. A reasonable nonrefundable application fee established by the City shall accompany the application or renewal application. Such application fee shall not be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the compensation to be paid to the City by Grantee, or (ii) part of the compensation to be paid to the City by Grantee pursuant to this Ordinance or a Franchise Agreement. An application for an initial Franchise for a Cable Television System shall contain, where applicable: A. A statement as to the proposed Franchise Area; B. Resume of prior history of applicant, including the legal, technical, and financial expertise of applicant in the cable television field; 19 MASTER CABLE SERVICES REGULATORY ORDNANCE C. List of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation; D. List of officers, directors, and managing employees of applicant, together with a description of the background of each such Person; E. The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant; F. A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete, and correct to the reasonable satisfaction of the City; G. Proposed construction and Service schedule; and H. Any additional information that the City may require for the administration of the Franchise. 4.10 Consideration of Initial Applications. A. Upon receipt of any application and application fee for an initial Franchise, the City Administrator shall prepare a report and make his or her recommendations respecting such application to the City Council. B. A public hearing may be held prior to any initial Franchise grant, at a time and date approved by the Council. Within thirty (30) days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the Franchise(s) should be granted, and, if granted, subject to what conditions. C. All applicants for an initial Franchise grant shall submit an application fee of twenty thousand dollars ($20,000) to compensate the City for its costs in reviewing, preparing 20 MASTER CABLE SERVICES REGULATORY ORDINANCE and awarding a Franchise, including the costs of outside consultants. Upon grant of a Franchise the City may request the payment of an additional fee to the extent that the reasonable costs of the franchise review and negotiation process exceed the initial application fee amount. Consistent with the Cable Act, all such fees shall not constitute or be credited towards a Grantee's Franchise Fee obligations. 4.11 Franchise Renewal. Franchise renewals shall be in accordance with applicable law including, but not necessarily Limited to, the Cable Communications Policy Act of 1984, as amended. Grantor and a Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. The City reserves the right, unless prohibited by applicable law, to require a Grantee to pay the reasonable costs of the franchise renewal and negotiation process. 4.12 Grant of Additional Franchise and Competing Service. A. Since competing or overlapping Franchises may have an adverse impact on the public Rights -Of -Way, on the quality and availability of Services to the public and may adversely affect an existing operator's ability to continue to provide the Services and facilities it is presently providing under a Franchise, in granting a franchise in an area where another Grantee is operating the City may consider the potential impact which the grant of an additional Franchise may have on the community. This determination may be made simultaneously with the adoption of the Grantee's Franchise Agreement. In considering whether to grant one or more additional Franchises, the City shall specifically consider, and address in a written report or in provisions of the Franchise Agreement, the following issues: 21 MASTER CABLE SERVICES REGULATORY ORDINANCE (1) The positive and/or negative impact of an additional Franchise on the community. (2) The ability and willingness of the specific applicant in question to provide Cable Services to the entire Franchise Area which is served by the existing cable operator. The purpose of this subsection is to ensure that any competition which may occur among Grantees will be on terms which when taken as a whole do not give a competitive advantage to one Grantee over another. (3) The amount of time it will take the applicant to complete construction of the proposed System and activate Service in the entire Franchise Area; and, whether the applicant can complete construction and activation of its System in a timely manner. (4) The financial capabilities of the applicant and its guaranteed commitment to make the necessary investment to erect, maintain, and operate the proposed Cable System for the duration of the Franchise term. In order to ensure that any prospective Grantee does have the requisite current financial capabilities, the City may request equity and debt financing commitment letters, current audited financial statements, bonds, letters of credit, or other documentation to demonstrate to the City's satisfaction that the requisite funds to construct and operate the proposed System are available. (5) The quality and technical reliability of the proposed System, based upon the applicant's plan of construction and the method of distribution of 22 MASTER CABLE SERVICES REGULATORY ORDINANCE signals, and the applicant's technical qualifications to construct and operate such System. (6) The experience of the applicant in the erection, maintenance, and operation of' a Cable Television System. (7) The capacity of the public Rights -Of -Way to accommodate one or more additional Cable Systems and the potential disruption of those public Rights -Of -Way and private property that may occur if one or more additional Franchises are granted. (8) The disruption of existing Cable Service and the potential that the proposed Franchise would adversely affect the Residents of the City. (9) The likelihood and ability of the applicant to continue to provide competing Cable Service to Subscribers within the entire Franchise Area for the duration of the Franchise. (10) Such other information as the City may deem appropriate to be considered prior to granting any competing or overlapping Franchise. 4.13 Permits for Non - Franchised Entities. A. The City may issue a license, easement, or other permit to a person other than the Grantee to permit that person to traverse any portion of the Grantee's Franchise Area within the City in order to provide Service outside, but not within the City. Such license or easement, absent a grant of a Franchise in accordance with this Ordinance, shall not authorize nor permit said person to provide Cable Service of any type to any home or place of business within the City nor render any other Service within the City. 23 MASTER CABLE SERVICES REGULATORY ORDINANCE B. Such license, easement or permit shall require the payment of fee for occupancy of the public Right Of Way to the extent permitted by applicable law. 4.14 Review for Competition A. The City recognizes that the cable television and telecommunications industries are in a period of convergence and that the technologies and services provided by these industries are rapidly changing, and that the Telecommunications Act of 1996 promoted and encouraged competition between and among these formally discrete industries. At this time it is premature to know fully the extent to which there will be changes in law, technology or services that may impact entities that have been or may be granted Franchises or licenses to use the City's Rights -Of- Way. It is the desire of the City to be a communications friendly city, that encourages the development of competitive advanced communications capabilities for the benefit of all its citizens, for this reason the regulatory ordinances and Franchises of the City should not impede or restrict the fair opportunity to compete, but rather are intended to provide uniform and consistent requirements for all similarly situated providers. B. Consistent with the above findings, the City Manager or designate, is authorized to undertake an on -going evaluation and study of these changing and emerging technologies and services, as well as legal requirements relating to them, and upon request by the City, submit a report to the City regarding the impact of this Ordinance and its impact on existing providers within the City and the development of competition. 24 MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 5. DESIGN PROVISIONS 5.1 System Design. A. Every Grantee shall offer Service that meets the current and future needs of the City. The Franchise Agreement shall incorporate a description of the Grantee's proposal including the general design and capabilities of the System to identify for the City how the System will meet the current and future Cable needs of the City. B. The Franchise Agreement shall include provisions to provide for a "periodic review" between the City and a Grantee to evaluate changes in law, technology, or service, and reasonable procedures for mutually agreed upon modifications to the Franchise Agreement to incorporate changes identified as desirable or necessary as a result of any such periodic review. 5.2 The System. Every System shall pass by every single - family dwelling unit and multiple - family dwelling unit within the Franchise Area in accordance with line extension policies set forth in the applicable Franchise Agreement. Service shall be provided to Subscribers in accordance with the schedules and line extension policies specified in the applicable Franchise Agreement. 5.3 Drops to Public Buildings. A. Every Grantee shall provide installation of at least one (1) cable Drop, and one (1) outlet, provide monthly Basic Cable Service, without charge, to public buildings as specified by the Franchise Agreement. 25 MASTER CABLE SERVICES REGULATORY ORDINANCE B. All such Cable Service outlets shall not be utilized for commercial purposes. The City shall take reasonable precautions to prevent any use of the Grantee's Cable System in any inappropriate manner or that may result in loss or damage to the System. Users of such outlets shall hold the Grantee harmless from any and all liability or claims arising out of their use of such outlets, other than for those claims arising out of improper installation or faulty equipment. 5.4 Use of Grantee Facilities. The Franchise Agreement shall incorporate provisions regarding the City's use of a Grantee's poles, ducts and conduits, on mutually agreed upon terms. 5.5 Upgrade of System. Every Grantee shall upgrade its System (herein referred to as the "System Upgrade "), if required, as set forth in its respective Franchise Agreement. 5.6 Non - Discriminatory Access To Cable System. A. The City and its Residents have an increasing need and desire for broadband access to the Internet and other on -line Services. B. In order to protect competition and provide for the future needs of the City, unless otherwise required by applicable state or federal law, the Grantor reserves any legal right it now has, or may in the future have, to implement an "open access" requirement to ensure that a Grantee will be required to provide non- discriminatory access to its Cable System to providers of Internet Access Service, irrespective of whether such providers are affiliated with the Grantee. A Grantee may be required, if legally permissible, to implement "open access" requirements to its Cable System to non - affiliated Internet Access Service providers if the 26 MASTER CABLE SERVICES REGULATORY ORDINANCE Grantee or its affiliates or subsidiaries under its control determine to do so in a similar manner in other Cable Systems owned and operated by the Grantee or its affiliates or subsidiaries under its control. B. The foregoing notwithstanding, it is recognized that "open access" and the legal authority of' local franchise authorities to compel such access is under review, and the potential impact on Subscribers is not yet frilly known. Accordingly, Grantees will not be required to provide non - discriminatory access to their Cable System until further review by the Grantor and pending clarification of the City's legal authority, as well as an evaluation by the City of the merits and policy considerations related to this issue. By adopting this Ordinance, neither the City nor any Grantee has waived any rights, obligations, claims, defenses or remedies regarding the city's authority to impose such conditions. Prior to the enactment of any such requirement, a Grantee will be provided with reasonable notice and an opportunity to be heard, including the right to present evidence on any findings to be made by the City with respect to the need for such a requirement. ARTICLE 6. INSTITUTIONAL NETWORK, AND PUBLIC EDUCATIONAL AND GOVERNMENTAL ACCESS OR "PEG ACCESS" 6.1 Institutional Network Every Grantee shall, to the extent provided in its Franchise Agreement, make available capacity from its network or dedicated fibers, or provide other support for an Institutional Network for governmental and educational use. To the extent that a Grantee is obligated to provide such support pursuant to its Franchise Agreement, such obligation will be 27 MASTER CABLE SERVICES REGULATORY ORDINANCE implemented in a competitively neutral manner, on a per Subscriber basis with respect to any other Franchises granted after the adoption of this Ordinance. 6.2 PEG Access. Every Grantee shall provide a channel or channels, bandwidth capacity, Service, and funding, for separate Public, Educational and Government Access Channels, as specified in their Franchise Agreement. All such PEG Access Channels shall be available to all Subscribers as part of their Basic Cable Service. Every Grantee shall make a good faith effort to negotiate with other cable providers in the City and the surrounding area to interconnect its network where feasible in order to facilitate any requirements with respect to shared access programming on a local and regional basis. The City reserves the right to negotiate Franchise Agreement provisions with respect to the uniform cablecasting of PEG Access programming throughout the entire City without respect to the specific Cable operator. Oversight and administration of the PEG Access channels shall be responsibility of the City and each Grantee shall cooperate and coordinate with City to ensure that all PEG Access programming shall be accomplished in accordance with the terms of this Ordinance, including Exhibit A, and to the extent not inconsistent with this Ordinance, the terms of a Franchise Agreement. The City reserves the right to designate a Community Access Corporation or similar entity to administer one or more of the Access Channels. 28 MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 7. TECHNICAL STANDARDS AND CUSTOMER SERVICE PRACTICES 7.1 General Technical Standards and Customer Service Practices A. This Ordinance incorporates technical standards and establishes customer service practices that a Grantee must satisfy. In addition, a Grantee shall satisfy any additional or stricter requirements established by FCC regulations, or other federal, state or local law or regulation that may be adopted or amended from time to time. B. A Grantee shall maintain such equipment and keep such records as are required to enable the Grantor to determine whether the Grantee is in compliance with all standards required by these regulations and other applicable laws. 7.2 Technical Standards. The technical standards used in the operation of a System shall comply, at a minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to the FCC's rules and regulations and found in Title 47, Sections 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The results of any tests required by the FCC, or a Franchise Agreement shall be made available to the City within thirty (30) days of written request. 7.3 Test and Compliance Procedure. Tests for a System shall be performed periodically in a manner so as to conform with FCC specifications. Upon request, the tests may be witnessed by representatives of the City and written test reports shall be made available to the City. If any test locations fail 29 MASTER CABLE SERVICES REGULATORY ORDINANCE to meet the performance standards, the Grantee shall be required to indicate what corrective measures have been taken and shall have the site retested. 7.4 Emergency Requirements. Each Grantee must provide emergency alert override capabilities in a manner consistent with the FCC's emergency alert system ( "EAS ") rules and consistent with any local emergency alert council ( "LEPC ") plans adopted in response to the FCC's EAS rules that are applicable to the Franchise Area. 7.5 Programming Decisions. Each Grantee shall provide programming from each of the broad programming categories identified in its Franchise Agreement. All programming decisions remain within the sole discretion of each Grantee provided that each Grantee complies with federal law regarding notice to Grantor and Subscribers prior to any Channel additions, deletions, or realigmnents, and further subject to the Grantee's signal carriage obligations pursuant to 47 U.S.C. §§ 531 -536, as may be amended and subject to the City's rights pursuant to 47 U.S.C. § 545, as may be amended. Grantor may require as part of a Franchise Agreement that a Grantee conduct and disclose the results of programming surveys, no more frequently than annually, at the Grantee's sole expense to obtain input on programming decisions from Subscribers in order to ensure that the Grantee meets the City's Cable - related needs and interests. 7.6 Cable System Office Hours and Telephone Availability. A. Every Grantee shall maintain a customer service office within the City, which shall include a place where subscribers may pay their bills, pick up and return converter boxes and comparable items and receive information on the Grantee and 30 MASTER CABLE SERVICES REGULATORY ORDINANCE its services. Such service office shall be open during Normal Business Hours, and no less than nine (9) hours per day on weekdays, including some evening hours, and four (4) hours on Saturdays. Every Grantee shall also maintain a publicly listed toll -free or local telephone line that is available to Subscribers twenty-four (24) hours a day, seven (7) days a week. The local or toll -free numbers shall be publicly listed. B. Every Grantee shall have trained representatives on hand for walk -in Subscriber visits and available to respond to Subscriber telephone inquiries during Normal Business Hours. The term "trained representatives" shall mean employees of the Grantee who have the authority and capability while speaking with a subscriber to, among other things, answer billing questions, initiate timely adjustment of bills, and schedule service and installation calls. C. If requested by the Subscriber, local personnel must use their best efforts to respond to Subscriber requests to speak with a "manager or supervisor" within a reasonable time of the request under normal operating conditions, during normal business hours and supervisory personnel will respond no later than the following business day. D. After Normal Business Hours, the telephone access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained representative on the next business day. E. The Grantee shall prepare and distribute to the Grantor a calendar of holidays and business days on which the operator will be closed. Grantee shall also provide 31 MASTER CABLE SERVICES REGULATORY ORDINANCE notice to Subscribers through answering service /machine, voice mail messages, bill messages, or through its cable system regarding hours or dates when its offices will not be open. Such notice shall be provided during the five (5) days prior to the date the office will be closed. In addition, during such 'closed" periods, the Grantee shall provide voice messages and notice on its premises of the emergency and after hours contact numbers. F. Under Normal Operating Conditions, telephone answer time by a customer service representative or automated response unit, including wait time, shall not exceed thirty (30) additional seconds. If a call must be placed on hold or transferred, the time for response by a human customer service representative should not exceed sixty (60) seconds. Under Normal Operating Conditions, these standards shall be met no less then ninety percent (90 %) of the time measured daily averaged quarterly, and reported at least semi - annually, upon reasonable request. G. Under Normal Operating Conditions, Grantee shall establish an inbound telephone system upon which Subscribers shall not receive a busy signal more than three percent (3 %) of the time. H. Abandonment rates for incoming calls may not exceed five percent (5 %). The period of three (3) hours following major outages (more thaii 25% of the Subscribers) or periods of natural disasters are not included in the response requirements above, provided that when feasible voice -mail information about the outage has been posted on phone answering equipment and/or the System bulletin 32 MASTER CABLE SERVICES REGULATORY ORDNANCE board (assuming outage is not City-wide) and the City has been notified that an outage was in progress. J. Actions of the Grantee which lead to a high volume of calls (such as incorrect bills, rate increases, late bills or fees, changes in Service, plant maintenance, missed appointments, etc.) are considered part of Normal Operating Conditions and are therefore not exempt from compliance with this Ordinance. K. Grantee shall respond to all Subscriber or user inquiries or complaints within a reasonable time and where a written complaint has been submitted within seven (7) calendar days of the receipt of inquiry or complaint, except to the extent a more stringent standard is set forth for specific types of activities, inquiries or complaints herein or in the Franchise Agreement. "Response" to the inquiry or complaint shall include correction of bills, completion of service calls or installations, written responses to Subscriber correspondence, correction of problems, provision of working converters, and requested changes in program Services. L. The Grantee is required to provide documentation of compliance with the requirements of this Section. On a semi - annual basis, the Grantee will provide upon reasonable request the Grantor with reports for hold time, busy signals, and abandonment rate. Upon written request the Grantee and the Grantor will meet by the twentieth (20th) of the month following such semi - annual intervals in order for the Grantee to submit quarterly phone statistics and to explain the report for the period. If such information is not available, a detailed written explanation as to why such information is not available and a date certain upon which such 33 MASTER CABLE SERVICES REGULATORY ORDINANCE information will be available, shall be provided by the Grantee. The Grantor may allow periods of excused non - compliance if the Grantee can provide reasonable documentation that these periods of non - compliance were not within Normal Operating Conditions. (1) The Grantee will be deemed in compliance if : (a) During a semi - annual period each criterion has been met or exceeded; or (b) If each criterion has been met or exceeded during four (4) months within the semi - annual period. (2) Should the Grantee be found to be in non - compliance, the Grantor shall notify the Grantee in writing and specify the basis for the finding. Upon notification, the Grantee shall have thirty (30) days to cure such non- compliance. (3) If the Grantee, based upon the available monthly data, fails to cure the non - compliance within the thirty (30) day period, the Grantor may commence enforcement procedures as described in a Franchise. M. The Grantee is encouraged to maintain a customer service home page on the Internet where customers can obtain information. 7.7 Service Calls and Installations. Under Normal Operating Conditions, each of the following standards must be met no less than ninety -five percent (95 %) of the time as measured on a quarterly basis: A. Unless otherwise requested by the Subscriber, a Grantee shall perform service calls, installations, and requested changes in Service -- upgrades, downgrades, 34 MASTER CABLE SERVICES REGULATORY ORDINANCE equipment changes, disconnections during normal business hours. Disconnections for non - payment may only be performed during hours the business office is open. B. At the time an appointment is scheduled, the Grantee shall inform the Subscriber of Service scheduling and rescheduling procedures, and/or required payments. C.The appointment window alternatives for Standard Installations, Service calls, and other installation activities, will be within a maximum four (4) hour time block during Normal Business Hours. Grantees may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of a Subscriber, if so requested. D. Grantee shall make its best efforts to meet all scheduled subscriber appointments. E. If a Grantee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber must be contacted, and if the appointment must be rescheduled, it shall be rescheduled to the earliest available time that is convenient for the Subscriber. F. Appointments may not be canceled or rescheduled until field personnel of the Grantee make every reasonable effort to verify that the Subscriber or other authorized adult is not at the address for the appointment, including the following actions: (1) Knock, and use the doorbell to alert the subscriber; and/or (2) Look in the front or backyard as long as such action can be accomplished without trespassing on the Subscriber's property, and without subjecting the Grantee's representative to physical danger (e.g., dogs). 35 MASTER CABLE SERVICES REGULATORY ORDINANCE G. Any vehicle used for the installation, construction, maintenance, or repair of a Cable System shall bear the identification of the contractor or the applicable Grantee in a conspicuous place and manner. H. Reconnections due to erroneous disconnection based on billing or technical errors must be completed at no charge within twenty -four (24) hours of notification by the affected Subscriber. I. Reconnections after a disconnection attributed to non - payment of bills will be scheduled in accordance with the Grantee's regular business scheduling practice. J. Installations or reconnections may not be considered completed until all ordered, upgraded, or reconnected Services, are in full working order; and Subscribers may only be billed for Services actually received. K. A Subscriber's preference as to the point of entry into a residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible and outlets shall be located for the convenience of the Subscriber where technically reasonable. The Grantee shall use due care in the process of installation and shall repair any damage to the Subscriber's property caused by installation work. Such restoration shall be undertaken as soon as possible after the damage is incurred, shall be subject to subscriber approval of the corrective action, and Grantee shall use its best efforts to complete the corrective action within no more than thirty (30) days after the damage is incurred. Should such restoration not be corrected within thirty (30) days, the Grantee shall notify the Subscriber as to the cause for the delay and the date when such action shall be completed. 36 MASTER CABLE SERVICES REGULATORY ORDINANCE 7.8 Repairs and Interruptions A. Excluding conditions beyond the control of the Grantee, every Grantee will begin working on Service Interruptions and outages within a reasonable timeframe but in no event later than twenty-four (24) hours after the Service Interruption becomes known. Every Grantee must begin actions to correct other Service problems on the business day following notification of such Service problems. (1) Any reports of "no picture /no sound" on the Services must be responded to and repaired within thirty -six (36) hours of such report, including arrival of another Service technician qualified to repair the problem if the first dispatched technician cannot. (2) Work not requiring the Operator to enter Subscriber premises (or property) shall not require the Subscriber to be available for an appointment and shall not be delayed on account of the Grantee's inability to arrange an appointment with the Subscriber. 14= Work on all other requests for Service other than "no picture /no sound "out -of- service requests must begin by the next business day after notification of the problem and must ordinarily be completed within seventy-two (72) hours of the initial request. If for reasons beyond the Grantee's control a longer time for the completion of such repairs is necessitated, the Grantee shall exercise all due diligence to complete the work in the shortest period of time possible. C. Outside repairs to cable plant which cannot be made by the initial Service technician dispatched, shall be re- scheduled within twenty-four (24) hours of the originally scheduled Service call except for those circumstances that are beyond 37 MASTER CABLE SERVICES REGULATORY ORDINANCE the Grantee's control. The Subscriber does not need to be home for outside plant and line repairs. D. A Grantee may intentionally interrupt Service only for good cause and for the shortest time possible, including interruption for system upgrade, maintenance and repair. Routine maintenance requiring Service Interruptions shall occur at times that affect the fewest number of Subscribers, generally between 12:00 A.M. and 6:00 A.M, subject to the safety needs of Grantee's employees. The Grantee shall post a crawling message on one or more of the System's Basic Service Channels to advise Subscribers in advance of planned Service Interruptions. To the extent that specific neighborhoods will be affected by a planned outage, such as during an upgrade, the Grantee shall to the extent practical provide advance notice through telephone calls and/or door hangers. E. A Grantee shall provide a credit for one day's Service for each Service Interruption exceeding four (4) hours in any twenty-four (24) hour period, unless it is demonstrated that the Subscriber caused the outage, or the outage was planned as part of an upgrade or other work that occurred between the hours of 12:00 A.M. and 6:00 A.M., of which the City and the Subscriber received appropriate prior notification F. Technicians that are employed by a Grantee and capable of performing Service related emergency repairs and maintenance must be available twenty-four (24) hours a day, including weekends and holidays. G. No charge shall be made to a Subscriber for any Service call relating to Grantee owned and Grantee maintained equipment after the initial installation of Cable 38 MASTER CABLE SERVICES REGULATORY ORDINANCE Service unless the problem giving rise to the Service request can be demonstrated by Grantee to have been: 1. Caused by the negligence or malicious destruction of cable equipment by the Subscriber; or 2. A problem established as having been non -cable in origin. H. An "Identified Outage" is construed as reports of no picture /no sound for the Cable Service from five percent (5 %) or more Subscribers served by the same node within twenty (20) minutes of each other. Cable drop lines, cable trunk lines, or any other type of outside wiring that comprise part of the Grantee's Cable System that are located underground, shall be placed in such locations pursuant to City Code, and the surrounding ground shall be restored as close as is practical to its condition immediately prior to such underground construction activity within one hundred and twenty (120)_hours after connection to the Cable System. Except for the Grantee's maintenance facilities, no cable drop line, cable trunk line, or any other type of outside wiring shall be permitted to lay upon the ground within the City, except for the express purpose of being immediately connected to the Cable System of the Grantee. The requirements of this subsection shall apply to all installation, reinstallation, Service or repair commenced by the Grantee within the City during normal operating conditions. 7.9 Disconnections. Downgrades and Refunds A. A Grantee shall not terminate residential Service for non - payment of a delinquent account unless the Grantee provides initial notice of the delinquency and 39 MASTER CABLE SERVICES REGULATORY ORDINANCE impending termination at least fourteen (14) calendar days prior to the proposed termination. The Notice shall be mailed, postage prepaid, to the Subscriber to whom the Service is billed. This section does not apply to Subscribers disconnected due to insufficient funds. B. The notice of delinquency and impending termination may be part of a billing statement, provided that the message is in bold or large type or other similar manner designed to bring the information to the Subscriber's attention. C. No Subscriber may be disconnected for non - payment if payment of outstanding balances is made before the scheduled date for disconnection, up to and including the last business day before the scheduled disconnection. D. Service terminated without good cause must be restored without charge for the Service restoration. Good cause includes, but is not limited to, signal leakage, failure to pay, payment by check for which there are insufficient funds, theft of Service, abuse of equipment or System personnel, or other similar Subscriber actions. No Subscriber may be disconnected due to a Grantee's failure to timely or correctly post payments. E. The technician performing the disconnection must perform such disconnection in the safest reasonable manner. No Subscriber may be disconnected outside of Normal Business Hours or on Sundays or holidays. F. Subject to paragraph 7.9 F, disconnections for non - payment which are completed in the field must be accompanied by a door tag which provides notice that the technician has been present and a telephone number for Grantee's customer service office. Disconnections made remotely by computer require the Grantee to 40 MASTER CABLE SERVICES REGULATORY ORDINANCE mail information describing the amount of payment in arrears as of the disconnection date, and applicable reconnection charges and procedures to the Subscriber. After disconnection, upon payment by the Subscriber of all proper charges in full, the Grantee shall reinstate Service as provided for herein. G. Absent extenuating circumstances, a Grantee is not required to reconnect a Subscriber with an undisputed outstanding balance. H. A Grantee is permitted to refuse orders for premium or "pay per view" Services from Subscribers with chronic non - payment records. A Grantee may disconnect Subscriber premises that are responsible for signal leakage in excess of applicable federal limits. Grantee may effectuate such disconnection without advance notice, provided that the Grantee shall immediately notify the Subscriber with door tags and/or telephone calls. If the source of the signal leakage is remedied, the Grantee shall reconnect the Subscriber at no charge. For purposes of this Section, use of FCC - approved navigation devices does not in and of itself constitute signal leakage. J. Subscribers may request disconnection or a downgrade of Cable Service at any time. The Grantee may not impose any charge for Service delivered after the requested date of disconnection as long as the request is made at least one day before the requested date of disconnection. As provided under federal law, subscribers may request a downgrade at no charge if made within thirty (30) days of a rate increase. K. If a Grantee fails to provide Cable Service requested by a Subscriber who is entitled to Cable Service under a Franchise Agreement or this Ordinance, the 41 MASTER CABLE SERVICES REGULATORY ORDINANCE Grantee shall, after adequate notification and being afforded the opportunity to provide the Service, promptly refund all deposits or advance charges paid for the Service in question by said Subscriber. L. If any Subscriber has made an annual payment in advance and terminates Service because of the failure of a Grantee to render the Service in accordance with the standards set forth in a Franchise Agreement or this Ordinance, the Grantee shall refund to such Subscriber an amount equal to the prorated amount of the remaining period of the prepayment. M. The refund provisions provided for in this section do not alter a Grantee's responsibility to Subscribers under any separate contractual agreement or relieve a Grantee of any other liability. N. Subscribers may be asked, but not required as a condition of any refund or return of Subscriber deposits to personally return such equipment to the Grantee's office. O. Refunds for known system outages shall be obtained upon request of the subscriber of the cable operator. P. Nothing in this Ordinance shall limit the right of a Grantee to deny Service to any household or individual which has a negative credit or Service history with Grantee, which may include non - payment of bills, theft or damage to the Grantee's equipment, outstanding balances, or threats or assaults on employees of Grantee in the course of their employment. In the event Service is denied, the Grantee will give notice to the Subscriber of the right to contact the appropriate authority, as designated by the City. 42 MASTER CABLE SERVICES REGULATORY ORDINANCE 7.10 Communications Between Grantees and Subscribers. A. Notifications to Subscribers: (1) Every Grantee shall provide written information to Subscribers on each of the following topics at the time of installation, at least annually to all Subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in such information, provided, however, that Grantee shall make reasonable efforts to provide notification to the City of all such significant changes prior to notifying Subscribers: (a) Product and Services offered; (b) Prices and options for programming Services and conditions of subscription to programming and other Services and facilities. If Grantee reasonably determines it would reduce confusion as to what the total cost of Cable Service would typically be, at the time of installation, Grantee will quote to Subscribers prices that include typical Franchise Fees and any other fixed costs (such as FCC regulatory fees and public access support payments). Nothing in this section prohibits or restricts use of rates without Franchise Fees and/or other fixed cost elements in area -wide advertisements; (c) Installation and maintenance policies including, when applicable, information regarding the Subscriber's home wiring rights and information describing ownership of internal wiring during the period Service is provided; (d) Instructions on how to use Services; 43 MASTER CABLE SERVICES REGULATORY ORDINANCE (e) Instructions on how to place a Service call; (f) Channel positions of programming offered on a System; (g) Billing and Complaint procedures, including the name, address and telephone number of the City; (h) The Grantee's practices and procedures for protecting against invasions of privacy pursuant to the FCC's rules; (i) The availability of signal control devices and universal remotes and other compatible equipment (a list of brands and models shall be provided upon request); and (j) The address and telephone number of the Grantee's office to which Complaints may be reported. (2) Grantee promotional materials, announcements and advertising of Service to Subscribers, including pay - per -view or event programming, shall clearly and accurately disclose price terms. In the case of telephone orders, the Grantee shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before the order is accepted. (3) Subscribers will be given thirty (30) days advance notice of any changes in rates, programming Services, or Channel positions, if the change is within the control of the Grantee. All such notice shall be provided in writing by any reasonable means. In addition, every Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in other information required by this section. Notwithstanding the foregoing or any provision 44 MASTER CABLE SERVICES REGULATORY ORDINANCE of this Ordinance to the contrary, a Grantee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, Franchise Fee, or any other fee, tax assessment, or change of any kind imposed by any government entity on the transaction between the Grantee and the Subscriber. B. Billing. (1) The organization and format of all bills must be developed in accordance with industry standards. (2) Bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic and premium Service charges and equipment charges. Bills must clearly show a specific payment due date. If a Grantee chooses to itemize, as a separate line item on bills, Franchise Fees or other government imposed fees attributable to the total bill, such fees must be shown in accordance with any applicable law concerning the Grantee's ability to itemize such fees. Bill language related to Franchise Fees shall be identified in the following manner: "Franchise Fee." Any passthrough of grants to support the City's government access channel may be separately identified on Subscriber bills as set forth in the Franchise Agreement. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. Nothing in this section prohibits or (3) (4) (5) 45 MASTER CABLE SERVICES REGULATORY ORDINANCE restricts a Grantee from offering packages of programming to Subscribers and to identify such packages on the Subscriber bill. (6) The billing statement must clearly and conspicuously indicate the past due date, and if applicable the date certain that a Subscriber's Service will be disconnected and a telephone number for the Subscriber to call to make payment arrangements or otherwise resolve a billing dispute. (7) Negative option billing is prohibited in accordance with applicable federal law. (8) In case of a billing dispute, a Grantee must respond to a Complaint from a Subscriber within fifteen (15) calendar days. Credits for Service shall be issued no later than the Subscriber's next billing cycle after determination that the credit is warranted. C. Late Payment for Cable Service Grantees shall provide reasonable notice to the City and Subscribers of the amount of any processing fees for late payments and the manner of imposing such fees. Any late fee that may be imposed shall be in an amount and manner consistent with applicable state and federal law. D. Construction and Outages To the extent feasible, the Grantee shall post override notices on appropriate System Channels, and may make use of local advertising availabilities on programming Channels, to advise Subscribers in advance of planned construction or maintenance that will cause or is likely to cause Service Interruptions. To the extent that specific neighborhoods will be impacted by a planned outage, such as 46 MASTER CABLE SERVICES REGULATORY ORDINANCE during an upgrade, the Grantee shall provide at Least seven (7) calendar days advance notice through telephone calls, door hangers or other reasonable means that are designed to be realistically effective in bringing the information to the attention of Subscribers. 7.11 Complaint Log. Subject to the privacy provisions of 47 U.S.C. § 521 et seq., Grantor and every Grantee shall prepare and maintain written records of all Complaints made to them and the resolution of such Complaints, including the date of such resolution. Such written records shall be on file at the office of each Grantee. Every Grantee shall make available to Grantor a written summary of such Complaints and their resolution upon request. 7.12 Parental Control Every Grantee shall make available to any Subscriber upon request a "lockout" device for blocking both video and audio portions of any channel(s) of programming entering the Subscriber's premises. Such device shall be provided at a reasonable charge, except to the extent that federal law specifically provides otherwise. The Grantee may, however, require a reasonable security deposit for the use of such a device. 7.13 Periodic Subscriber Survey. The Franchise Agreement shall provide terms for a periodic Subscriber survey to assess the Cable - related needs of the community throughout the term of the Franchise as well as procedures for review and implementation of changes identified through any such survey. 7.14 Service Area No Grantee may discriminate in the build -out of its System to a particular area of the City or provision of Service to individual or groups of Residents on the basis of race, creed, 47 MASTER CABLE SERVICES REGULATORY ORDINANCE religion or economic condition. Unless the Franchise Agreement provides otherwise, every Grantee shall serve all areas of the City with populations of at least thirty (30) dwelling units per cable mile, including areas annexed subsequent to the grant of the Franchise. The Franchise Agreement shall provide a schedule of the areas to be served, and the specific build -out requirements of the Grantee, and shall also describe the process for extending service to areas that will meet minimum density requirements at some future date. Unless the Franchise Agreement provides otherwise, every Grantee shall extend Service to commercial areas at no additional costs where the costs to do so does not exceed the same costs of providing service in a residential area with a density of thirty (30) homes per mile. The Franchise Agreement shall also set forth the policies and procedures under which Cable Service will be extended to a Person requesting the extension of Service into an area that does not meet the requisite density standards. 7.15 Customer Service Reporting Requirements. In addition to the semi - annual reports on telephone Service compliance detailed in Section 7.6.M, the Grantor may require upon reasonable request a Grantee to periodically prepare and furnish to Grantor semi - annual reports and any other reasonable information relevant to the Grantee's compliance with the customer Service requirements of this Ordinance. Such reports shall include, at minimum, the following: A. A Service Interruptions Report that tracks information on a monthly basis to include: (1) Total number of reported Service Interruptions; (2) Date and time of all reported Service Interruptions; 48 MASTER CABLE SERVICES REGULATORY ORDINANCE (3) Total hours that the System was out -of- Service as related to planned upgrades, maintenance or Channel line -up changes performed by a Grantee; and (4) Estimated number of Subscribers affected by each incident. In addition to the above, the City may request that Service Interruption Reports contain graph(s) that depict a Grantee's performance with respect to the items above for up to a three (3) year period prior to the date the report was requested. B. Results of any FCC required technical or performance testing on the System. 7.16 City Monitoring. In addition to free outlets, free Cable Service or Services otherwise required by the Franchise, Grantee shall provide one Service outlet (which shall be at the Cable Administrator's office at City Hall, unless otherwise specified by City) that shall receive without charge all basic and expanded basic Cable programming provided by Grantee. Such Service shall be provided in such a manner that the City may monitor the programming and use of the Cable System for compliance with the Franchise Agreement, this Ordinance, FCC technical standards, and applicable State and federal law. The Services provided pursuant to this requirement shall be in a secure office location, and not in a location open to public viewing. ARTICLE 8. CONSTRUCTION STANDARDS 8.1 Right- of -Wav Construction. Prior to commencing any construction in the City, a Grantee must obtain all necessary permits and licenses required of Persons working in the Right -of -Way by federal, state 49 MASTER CABLE SERVICES REGULATORY ORDINANCE and city laws, ordinances and rules, and pay all generally applicable fees. Further, a Grantee shall comply with all applicable laws, ordinances, rules, and standards relating to the construction, operation and maintenance of a Cable Television System. B. All lines, equipment, and connections in, over, under, and upon the Right -of -Way and private property within the City, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. 8.2 Compliance with Laws. At a minimum, and without limitation, a Grantee shall adhere to all building, electrical and zoning codes currently or hereafter in force in the City. The construction, installation, and maintenance of the Cable System shall be effectuated by Grantee in a manner that is consistent with the laws, ordinances and construction standards of the State of Texas, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code and the FCC, to the extent applicable, as well as all other applicable laws, rules, regulations and ordinances that are generally applicable and promulgated pursuant to the City's lawful police power. All open connections on splitters, couplers and other devices shall be properly terminated. 8.3 Minimum Interference. All of Grantee's construction, installation, operation, repair and maintenance, and the arrangement of its lines, cables and other appurtenances, on both public and private property, shall be conducted in such a manner as to cause minimum interference with the rights and reasonable convenience of the public and any property owners that may be affected. In the event of any such interference, the City may require the removal of Grantee's lines, cables and appurtenances from the Public Rights -of -Way in question, at 50 MASTER CABLE SERVICES REGULATORY ORDINANCE the sole expense of the Grantee, provided however, if the City compensates another Person for such purposes then Grantee shall be similarly compensated. 8.4 Repair of Property. Grantee shall promptly repair and restore any City or private property which may be damaged as a result of the construction, installation, operation, repair or maintenance of the Cable System. Any such property damaged or destroyed shall be promptly repaired and restored by Grantee, at Grantee's sole cost and expense and to the reasonable satisfaction of the City, to its condition prior to being damaged or shall be replaced by Grantee with equivalent property. 8.5 Erection of Poles. Grantee shall not erect, for any reason, any pole on or along any Public Rights -of -Way in an existing aerial utility system without the advance written approval of the City. If additional poles in an existing aerial route are required, Grantee shall negotiate, as needed, with the utility for the installation of the needed poles. Any such addition shall require the advance written approval of the City. Grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. The City shall assist in arriving at an equitable pole rental agreement. 8.6 Reservations of Street Rights. Nothing in this Ordinance shall be construed to prevent the City from constructing storm or sanitary sewers, grading, paving, repairing or altering any Public Rights -of -Way, or laying down, repairing or removing water mains or gas lines, traffic signal control systems, City fiber plant, or constructing or establishing any public utility, Service or 51 MASTER CABLE SERVICES REGULATORY ORDINANCE other public work that the City may operate or undertake now or in the future. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits, conductors, pipes or appurtenances of Grantee. If City in its sole discretion shall determine that Grantee will interfere with the construction or repair of any Public Right -of -Way or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of any Public Way or any other public improvement, then all such property of Grantee shall be removed or replaced, or temporarily disconnected, in such manner as shall be directed by the City so that the same shall not interfere with the public works of such City. Such removal or replacement shall be at the expense of Grantee; provided, however, that nothing in this Ordinance shall preclude Grantee from seeking reimbursement for removal or replacement costs from any public funds generally available to Rights -of -Way users for the reimbursement of such costs, provided, however, if the City compensates another Person for such purposes then Grantee shall be similarly compensated. 8.7 Underground Installation. In those areas within the City where Cable System facilities are currently placed underground, all Cable System facilities shall remain or be placed underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, Grantee may install its Cable System facilities above ground, provided that at such time as both electric and telephone utility facilities are placed underground, Grantee shall likewise place its Cable System facilities without cost to the City or if City requires undergrounding in the future pursuant to a separate ordinance, provided however, if the 52 MASTER CABLE SERVICES REGULATORY ORDINANCE City compensates another Person for such purposes then Grantee shall be similarly compensated. Nothing contained in this Section shall require a Grantee to construct, operate and maintain underground any ground- mounted appurtenances, except that Grantee shall take steps to minimize the number and visual impact of such facilities. 8.8 Conduit. A. The City shall not be responsible for any cuts or damage to buried or underground facilities of a Grantee that are not clearly marked or cannot be located through the Texas "one -call' service. B. Grantee shall make available at its office for City review detailed strand and trench maps in a paper format. Grantee shall provide City in a mutually agreed upon electronic format strand and trench maps without detailed measurement calculations. C. Grantee shall provide a contact number for the City to call in emergency situations requiring an immediate response on the part of the City, or a City Utility. If the Grantee does not properly and effectively identify the precise location of its facilities within forty fivo -mi uc a reasonable period of time taking into account the relevant factors of an emergency call from the City or City Utility, the City shall not be responsible for damage to the Grantees facilities. 8.9 Clearing Poles and Cables. Grantee shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees in and along the public streets, but, in the exercise of such right, Grantee shall not cut such trees to any greater extent that is reasonably necessary for the construction, erection, installation, maintenance and use of 53 MASTER CABLE SERVICES REGULATORY ORDINANCE Cable System equipment. Except in emergency situations, Grantee shall not remove, trim or cut such trees from any public streets without first providing reasonable notice to the City of its intention to do so, such notice to be delivered not less than ten (10) days in advance. The Grantee shall compensate the City or any private owners of such trees for any damage proximately caused by Grantee's negligent conduct. 8.10 Moving Facilities. Grantee, on the request of the City, or any Person holding a building permit issued by the City, or any permit issued by an appropriate State agency, shall temporarily move its wires, cables, poles or other Cable System facilities to permit the moving of large objects, vehicles, buildings or other structures. The expense of such temporary moves shall be paid to Grantee by the Person requesting the same and Grantee shall have the authority to require such payment in advance. Grantee shall be given not less than thirty (30) days advance notice to arrange for such temporary moves. 8.11 Work Performed by Others. A. A Grantee shall make available to the City upon reasonable request the company names and businesses addresses of any Person, other than the Grantee, which performs Services pursuant to a Franchise Agreement; provided, however, that all provisions of this Ordinance remain the responsibility of Grantee. B. To the extent applicable, all provisions of this Ordinance shall apply to any subcontractors or others performing any work or Services pursuant to the provisions of a Franchise Agreement on behalf of a Grantee. 54 MASTER CABLE SERVICES REGULATORY ORDINANCE 8.12 Duty to Grantee. • Nothing contained in this Ordinance shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Public Way or with the construction or reconstruction of any sewer or water system or utility system. ARTICLE 9. OPERATION AND MAINTENANCE 9.1 Open Books and Records. Each Grantee shall cooperate with the Grantor with respect to Grantor's administration of this Ordinance and its applicable Franchise Agreement. Grantor shall have the right to inspect, at any time during Normal Business Hours all books, records, maps, plans, income tax returns, financial statements, Service complaint logs, performance test results, and other existing like materials of a Grantee that relate to the operation of a Grantee's System and that are reasonably necessary to Grantor's enforcement er-athaithstpatien of this Ordinance and/or a Franchise Agreement. The Grantee shall not be required to maintain any books or records for Franchise compliance purposes longer than five (5) years. Upon request, the Grantor will treat designated information disclosed by a Grantee as confidential to the extent permissible under state and federal law. 9.2 Communications with Regulatory Agencies. A Grantee shall provide the City with timely notice of all system specific petitions, applications, communications, and reports submitted by each Grantee to the FCC, Securities and Exchange Commission, or any other federal or State regulatory 55 MASTER CABLE SERVICES REGULATORY ORDINANCE commission or agency having jurisdiction in respect to any matters directly affecting System operations, and shall make copies of such filings and pleadings available to Grantor upon request within thirty (30) days of the filing. Copies of responses from the above regulatory agencies to each Grantee likewise shall be made available promptly to Grantor, upon request. 9.3 Annual Reports. A. Upon request, each Grantee shall make available to Grantor, at the end of each of the applicable Grantee's fiscal years during the term of a Franchise Agreement, the following: (1) A revenue statement certified by an officer or certified public accountant of the Grantee showing, in such detail, the Gross Revenues of the Grantee for the preceding fiscal year; (2) A current list of names and addresses of each officer and director and other management personnel of the Grantee; (3) A copy of all documents that relate to the Grantee's System that were filed with any federal, State, or local agencies during the preceding fiscal year and that were not previously filed with Grantor; (4) A statement of the Grantee's current billing practices and charges; (5) A copy of the Grantee's current Subscriber Service contract; and (6) A copy of Annual Reports, if any, to stockholders for operating company and parent company. B. Grantor and its agents and representatives may and shall have the authority to arrange for and conduct an audit of aid -espy the books and records necessary for 56 MASTER CABLE SERVICES REGULATORY ORDINANCE the enforcement of the Franchise Agreement of any Grantee. A Grantee shall first be given twenty (20) calendar days notice of the audit, the description of and purpose for the audit, and a description, to the best of Grantor's ability, of the books, records, and documents that Grantor wants to review. 9.4 Additional Reports. Upon request, each Grantee shall prepare and furnish to Grantor such additional reports with respect to its operations, affairs, transactions, or property, where reasonably necessary to ascertain the Grantee's compliance with the Franchise. 9.5 Service Contract and Subscriber Information. A. Each Grantee shall have authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its obligations under this Ordinance and any Franchise Agreement and to assure uninterrupted Service to all of its Subscribers; provided such rules, regulations, terms, and conditions shall not be in conflict with the provisions of this Ordinance, a Franchise Agreement, federal, State and/or City law, or any applicable rules and regulations. B. Every Grantee shall submit to Grantor upon request any Subscriber contract form that it utilizes. If no written contract exists, a Grantee shall file with the City upon request a document completely and concisely stating the terms of the residential Subscriber contract offered, specifically including the length of the Subscriber contract. The length and terms of any Subscriber contract shall be available for public inspection during Normal Business Hours. 57 MASTER CABLE SERVICES REGULATORY ORDINANCE C. The term of an end -user residential Subscriber contract for Service shall not be for more than twelve (12) months duration unless after twelve (12) months the contract may be terminated at the Subscriber's option with no penalty to Subscriber. Nothing in this paragraph shall prohibit a Grantee from entering into Subscriber contracts by reason of a line extension policy for a term that is longer than twelve (12) months in duration. ARTICLE 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS 10.1 Franchise Fee. A. As compensation for a Franchise, and in consideration of permission to use the Rights -of -Way of the City for the construction, operation and maintenance, of a Cable System within the City, and to defray the costs of regulation, each Grantee shall pay to Grantor an annual amount equal to five percent (5 %) of the Grantee's Gross Revenues. To the extent permissible under applicable law, such Franchise Fee shall be considered separate and distinct from any Municipal Telecommunications Consent Fees assessed against a Grantee for its use of the City's Rights -of -Way for the provision of telecommunications Services pursuant to the terms of Title 9, Chapter 283 of the Texas Local Government Code, or other applicable state law. The payment of the Municipal Consent Fee shall be on a non - discriminatory basis as between telecommunications providers. B. Payments due Grantor under this section shall be computed quarterly, for the preceding quarter. Each quarter payment shall be due and payable no later than forty -five (45) days after the end of the preceding quarter Unless the Franchise 58 MASTER CABLE SERVICES REGULATORY ORDINANCE Agreement provides otherwise, at the request of the City, Grantee shall electronically deposit payments into a financial institution designated by the City. Any associated charges for electronic transfer may be credited against the Franchise Fee. Verification of this deposit shall be provided to the City Treasurer. Each payment shall be accompanied by a brief report by a Grantee showing the basis for the computation and a "Franchise Fee Worksheet" listing all of the sources of revenues attributable to the operation of Grantee's System. A Grantee that is subject to a Municipal Telecommunications Consent Fee shall maintain separate accounts and records with respect to the calculation and payment of such fees. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of' any claim Grantor may have for further sums payable under the provisions of this Ordinance or a Franchise Agreement. All amounts paid shall be subject to audit and recomputation by Grantor or its designee at any time during any calendar year (but no more than once per calendar year) upon twenty (20) calendar days notice, including information on the specific documents requested to be reviewed. 10.2 Security Fund. Each Grantee shall maintain a security fund with the City to ensure compliance with this Ordinance and the applicable Franchise Agreement, in an amount and in a manner as set forth in the Grantee's Franchise Agreement. 59 MASTER CABLE SERVICES REGULATORY ORDINANCE 10.3 Penalties Procedure. A. Whenever Grantor has reason to believe that a Grantee has violated any provision of a Franchise Agreement or this Ordinance, Grantor shall first notify the Grantee of the violation and demand correction within a reasonable time, which shall not be less than twenty (20) days in the case of the failure of a Grantee to pay any sum or other amount due the Grantor under a Franchise Agreement, and thirty (30) days in all other cases. If a Grantee fails to correct the violation within the time prescribed, or if a Grantee is unable to correct the violation and fails to commence corrective action within the time prescribed and to diligently remedy such violation thereafter, the Grantee shall then be given written notice of not less than twenty (20) days of a public hearing to be held before the Council. Said notice shall indicate with reasonable specificity the violation alleged to have occurred. B. At the public hearing, the Council shall hear and consider all relevant evidence and thereafter render findings and a decision based upon the evidence. Any such hearing must, at a minimum, provide the Grantee full due process. C. In the event the City finds that a Grantee has corrected the violation or promptly commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy the violation, or that no violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. D. In the event the City finds that a violation exists and that a Grantee has not corrected the same in a satisfactory manner or did not promptly commence and 60 MASTER CABLE SERVICES REGULATORY ORDINANCE diligently proceed to correct the violation, the City may impose liquidated damages from the security fund, as set out in the Franchise Agreement. E. If Grantor elects to assess liquidated damages, then such election shall constitute Grantor's exclusive remedy for a period of sixty (60) days. Thereafter, if a Grantee remains in non - compliance, the Grantor may pursue any other available remedy. F. In the event that a Franchise is cancelled or terminated by reason of the default of a Grantee, the security fund deposited pursuant to a Franchise Agreement shall remain in effect and available to the Grantor until all pending claims or penalties are resolved or settled, after which point any remaining amounts in the security fund shall revert to the possession of the Grantee. G. The rights reserved to Grantor with respect to the security fund are in addition to all other rights of Grantor, whether reserved by a Franchise Agreement, this Ordinance, or authorized by law, and no action, proceeding, or exercise of a right with respect to such security fund shall affect any other right Grantor may have. H. In instances of repeated violations, whether remedied or not, the Grantor shall serve special notice outlining additional remediation requirements. Failure to cure, as measured by repeated instances of the same violation, is evidence of an evasive practice and may lead to revocation under Article 11. 10.4 Bonds, Indemnification, and Insurance. Each Grantee shall maintain bonds and insurance with the City in amounts and in a manner as set forth in the Grantee's Franchise Agreement. Each Grantee also shall be 61 MASTER CABLE SERVICES REGULATORY ORDINANCE required to indemnify the City in a manner as set forth in the Grantee's Franchise Agreement. ARTICLE 11. REVOCATION 11.1 Grounds for Revocation. In addition to any rights in this Ordinance or a Franchise Agreement, Grantor reserves the right to revoke the Franchise, and all rights and privileges pertaining thereto, in the event that: A. A Grantee substantially violates any material provision of this Ordinance or a Franchise Agreement; B. A Grantee attempts to evade any of the provisions of this Ordinance or a Franchise Agreement; C. A Grantee practices an act of fraud or deceit upon the Grantor; or D. A Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt. 11.2 Procedure. A. Whenever Grantor has reason to believe that there may be grounds for revocation of a Franchise, Grantor shall first notify the Grantee in writing of its basis for believing grounds for revocation exist. Such notice shall indicate with reasonable specificity the grounds for revocation that are believed to exist so that the Grantee may have a reasonable opportunity to cure or otherwise address the grounds If a Grantee fails to adequately cure or address the purported grounds for revocation within thirty (30) days of such notice, then the Grantor may, upon thirty (30) days 62 MASTER CABLE SERVICES REGULATORY ORDINANCE written notice to the Grantee, commence a public administrative hearing to determine whether there exists ground for revocation. B. The administrative hearing shall be conducted so as to protect the full due process rights of the parties and provide for, at a minimum, the right to have counsel, the right to call and cross examine witnesses, if requested the right to a full transcript of the proceedings, and the right to have the matter heard before a mutually agreed upon third party hearing officer. C. After the close of the hearing, Grantor or the designated hearing officer shall issue a written decision based on the record of the proceedings, stating with specificity the findings and reasons supporting the decision. D. Upon revocation, a Grantee shall have a period of sixty (60) days subsequent to the date of the formal adoption of a revocation of the Franchise by the City within which to file an appeal with a court of competent jurisdiction. E. During the appeal period, the Franchise shall remain in full force and effect. ARTICLE 12. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT 12.1 Foreclosure. Upon the foreclosure or other judicial sale of all or a part of a System, or upon the termination of any lease covering all or part of a System, a Grantee shall notify Grantor of such fact and such notification shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of this Ordinance governing the 63 MASTER CABLE SERVICES REGULATORY ORDINANCE consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. Grantor shall have the right to cancel a Franchise Agreement one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a Grantee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: A. Within one hundred twenty (120) days after its election or appointment, the receiver or trustee has fully complied with all the provisions of Grantee's Franchise Agreement and this Ordinance and remedied all defaults thereunder; and B. Such receiver or trustee, within said one hundred twenty (120) days, has executed an agreement, duly approved by a court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Ordinance and the applicable Franchise Agreement. 64 MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 13. PURCHASE OF SYSTEM 13.1Purchase By Grantor Upon Termination of Franchise Tenn or Revocation of Franchise. The Grantor may, in accordance with and to the extent permitted by 47 U.S.C. § 547, upon the payment of a fair valuation, ascertain, purchase, condemn, acquire, take over, and hold the property and plant of a Grantee, in whole or in part, on the following conditions: (1) Upon revocation of a Franchise, such valuation shall not include any sum attributable to the value of the Franchise itself and plant and property shall be valued according to its book value at the time of revocation, or the System's initial cost less depreciation and salvage. (2) At the expiration of a Franchise Agreement (and nonrenewal), such valuation shall be at fair market value, exclusive of the value attributed to the Franchise itself. (3) In the event Grantor shall terminate a Franchise pursuant to the provisions of this Ordinance or a Franchise Agreement, and commenced operation of the System, Grantor shall reimburse the Grantee for the fair market value of the System. 65 MASTER CABLE SERVICES REGULATORY ORDINANCE ARTICLE 14. SALE OR TRANSFER 14.1 Sale or Transfer of Franchise. A. No Grantee shall sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, an interest in or control of a Franchise or Cable System or any of the rights or privileges granted by a Franchise Agreement, without the prior consent of the Grantor, which consent shall not be unreasonably denied or delayed and may be denied only upon a good faith finding by the Grantor that the proposed transferee lacks the legal, technical, or financial qualifications to consummate the transaction and operate the System so as to perform its obligations under this Ordinance and the applicable Franchise Agreement. This section shall not apply to sales of property or equipment in the normal course of business. Consent from the Grantor shall not be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by, or under common control with a Grantee. B. The following events shall be deemed to be a sale, assignment, or other transfer of an interest in or control of a Franchise or Cable System requiring compliance with this section: (i) the sale, assignment, or other transfer of all or a majority of a Grantee's assets; (ii) the sale, assignment, or other transfer of capital stock or partnership, membership, or other equity interests in a Grantee by one or more of its existing shareholders, partners, members, or other equity owners so as to create a new controlling interest in a Grantee; (iii) the issuance of additional capital stock or partnership membership or other equity interest by a Grantee so as to 66 MASTER CABLE SERVICES REGULATORY ORDINANCE create a new controlling interest in a Grantee; and (iv) a Grantee's agreement to transfer management or operation of the Grantee or the System to an unaffiliated entity. The term "controlling interest" as used herein means majority equity ownership of a Grantee. In the case of any sale or transfer of ownership of an interest in or control of a Franchise or Cable System, the City shall have one hundred twenty (120) days to act upon any request for approval of such sale or transfer that contains or is accompanied by such information as is required in accordance with FCC Regulations and the requirements of this Ordinance and the applicable Franchise Agreement. If the City fails to render a final decision on the request within one hundred twenty (120) days after receipt by the City of all required information, such request shall be deemed granted unless the requesting party and the City agree to an extension of the one hundred twenty (120) day period. D. Grantor reserves any rights it may have to require that a Grantee pay all costs and expenses incurred by Grantor in connection with the sale, assignment, or transfer of a Franchise, including but not limited to the Grantor's costs of reviewing the qualifications of any proposed transferees. ARTICLE 15. RIGHTS OF INDIVIDUALS PROTECTED 15.1 Discriminatory Practices Prohibited. No Grantee shall deny Service, deny access, or otherwise discriminate against Subscribers, programmers, or general citizens on the basis of race, color, religion, 67 MASTER CABLE SERVICES REGULATORY ORDINANCE national origin, sex, disability, or age. Every Grantee shall strictly adhere to the equal employment opportunity requirements of State and federal law. Each Grantee shall comply at all times with all other applicable federal, State, and local laws, and all executive and administrative orders relating to non - discrimination. 15.2 Subscriber Privacy. Grantees shall at all times comply with the federal subscriber privacy requirements codified at 47 U.S.C. § 551. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 Rate Regulation The City reserves the right to regulate rates for Basic Cable Service and any other Services offered over the Cable System, to the extent permitted by federal or State law. Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Part 76.900, Subpart N. The City shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. 16.2 Rights Reserved to Grantor. A. Upon either the expiration (and denial of any requested renewal) or revocation of a Franchise, Grantor shall have discretion to permit and/or require a Grantee to continue to operate the Cable System for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A Grantee shall continue to operate the System under the terms and conditions of this Ordinance and the applicable Franchise Agreement and to provide the regular Subscriber Service and any and all of the Services that may be provided at that time. 68 MASTER CABLE SERVICES REGULATORY ORDINANCE B. The Grantor shall have the right to compel continued operation of the Cable System whether by the Grantee, by a trustee or receiver or by the Grantor, and to ensure that such operation is consistent with public interest as determined by a court of competent jurisdiction. The Grantee may not remove equipment or documents necessary for continued operation of the system. 16.3 Administration of Franchise. The City shall be responsible for the continued administration of this Ordinance and all Franchise Agreements. The City may delegate this authority from time to time. 16.4 Nonenforcement by the City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Ordinance by reason of any failure of the city to enforce prompt compliance. 16.5 Governing Law and Choice of Forum. Any dispute arising with respect to this Ordinance or a Franchise Agreement granted pursuant to it, shall be subject to review by the state and federal courts sitting in Nueces County, Texas. 16.6 Severability. If any material Section of this Ordinance or a Franchise Agreement adopted pursuant to it is held by a governmental authority of competent jurisdiction, to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect, or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions hereof. 69 MASTER CABLE SERVICES REGULATORY ORDINANCE 16.7 Publication of Notices. All public notices or ordinances required to be published by Grantor under this Ordinance or any Franchise Agreement shall be published in the official newspaper of the City. Each Grantee shall pay the costs for publication of its Franchise Agreement and any amendments thereto, as such publication is required or authorized by law. 16.8 Repeal of Section 2 -184 and amendment of Section 2 -183 of the City Code. Section 2 -184 of the City Code of Ordinances is hereby repealed. Section 2 -183 (a) of the City Code of Ordinances is amended to strike "religious channel access" in the first sentence. The first sentence of Section 2 -183 (a) will read: "One access user council may be established for governmental channel access public higher educational channel access, other public education channel access, and each public access channel, respectively, by application to the cable communications commission chairperson and the city secretary and certification by the cable communications commission." Section 2 -183 (c) (4) is hereby deleted. The last sentence of Section 2 -183 (c) (5) is amended to read: "Notwithstanding any other provision of this section 2 -183, representatives of franchised cable operators may be members of a public access council." 16.9 Codification of the Master Cable Regulatory Services Ordinance This Master Cable Services Regulatory Ordinance as amended shall be codified into the City Code of Ordinances. Passed and adopted this day of , 2002. ATTEST: By By City of Corpus Christi, Texas 70 n MASTER CABLE SERVICES REGULATORY ORDINANCE EXHIBIT A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public Access Users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. • To obtain a regular weekly or monthly tmeslot, Users participate in bi- annual Public Access Timeslot Lottery. These are called Series Users. • For random placement of non - recurring show (i.e., a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public Access User Group (PAUG): Users organize themselves according to by -laws, electing among themselves officers and a Board of Directors. • The PAUG conducts a bi- annual Public Access Timeslot Lottery for each Public Access channel according to the rules and procedures, and uses those results to develop a Public Access Schedule for each channel. • The PAUG receives and schedules programming submitted by Occasional Users. • The PAUG collects and makes available for pickup by Cable Operators the schedules and tapes for each channel. • The PAUG administers the Rules and Procedures; Users may appeal decisions of the PAUG Board to the Cable Commission and, after that, to City Council. • The PAUG may require Series Users to pay nominal membership dues to offset minor operational expenses. There may be a separate PAUG for each public access channel. Cable Operators: Franchised cable operators each provide plug- and -play of Public Access Programming according to the schedule provided by the PAUG. Cable Commission: The Cable Commission mediates any disputes brought to it by the PAUG. 71 MASTER CABLE SERVICES REGULATORY ORDINANCE RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on Public Access Channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following Rules and Procedures, as adopted by the City Council of the City of Corpus Christi on , 2002. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission, with the consent of the cable operators. These rules may be amended by City Council following recommendation from the Cable Commission or Franchised Cable Operators in the City of Corpus Christi. §1 RULES FOR PARTICIPATION Users must complete and sign a Programming Contract. In signing the Programming Contract, the user warrants that the following rules will be observed: • All programs must be produced by a User as defined in Section 4. • All Programs shall be-non not be commercial as defined in Section 4. • No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501 (c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. • No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. • No program shall be transmitted which contains obscene or indecent material. • All programs must include proper Program Identification as defined in Section 4. • All Users must provide two copies of each program on separate tapes, labeled in accordance with the instructions in Section 2. Except as otherwise permitted by applicable law, neither the PAUG Access User Group nor the cable operators will restrict the content of any program 72 MASTER CABLE SERVICES REGULATORY ORDINANCE § 2 TECHNICAL STANDARDS AND PRODUCTION REQUIREMENTS Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the Cable Operator to be out of compliance with any applicable FCC Technical Standards. QUALITY: Programs must deliver, in broadcast good quality, clear audio and video throughout the entire length of the program. FORMAT: If a.Users must transfer all other formats (including %2" Beta, VHS "C ", Super VHS, Reg 8, % U- Matic, and 1" tapes) to %2" VHS (SP speed) tapes ,Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to stargesitien- beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the Cable Commission based upon a request from an access user group and/or the Cable Operator(s). LABELING: All Users must clearly label tapes on the top of the tape and on the sleeve of the tape box. Each tape must have a label containing the following: a. Name of individual sponsor and telephone number b. Title of the program c. Length of the program d. Date to be played and scheduling number (as determined by Timeslot Lottery). IDENTIFICATION: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program c. Programs must include the Program Identification as defined in Section 4. LENGTH: a. All one -hour programs must be 59 minutes in length b. All half -hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the Cable Communications Commission with consent of the cable operators. 73 MASTER CABLE SERVICES REGULATORY ORDINANCE DEADLINE: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 _ HOW PROGRAMS ARE SCHEDULED Public Access For Series Users Series Programs are given a regular, weekly slot. Time slots are awarded during the semi - annual Timeslot Lottery. Conflicts on requests for time slots will be submitted to the Cable Commission for arbitration. Each User may have only one series, not to exceed one hour per week, except as provided above in &2, Length. Pursuant to rules established by the access user group, a User may substitute another program in place of the repeat program. No later than two weeks prior to each bi- annual Timeslot Lottery, each Series User must submit a completed Public Access Cablecasting Application to their respective Access User Group, and provide current copies to cable operators, including the following items: a. User's name b. Program Name c. Length of the program d. Frequency (weekly or monthly) e. Access Channel (10 or 18) (NOTE: A Series Program must select one channel for cablecasting of both first -run and Repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Users will attend the Timeslot Lottery as noted in a and b below. The Cable Communications Commission will schedule the lottery for the initial schedule for channel 10. Thereafter, lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April at 4:30 p.m. with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October at 4:30 p.m. with the new time slots actually beginning on the first Sunday in December. The Public Access Time Schedule will be broken into 30- minute intervals. Each User will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection 74 ■ MASTER CABLE SERVICES REGULATORY ORDINANCE Based on selection numbers, each User, one -by -one, selects an available timeslot. After all Users select timeslots for their first -run shows, those requesting a repeat showing will then select their timeslots in same order as the initial timeslots were selected. not to exceed one repeat per show. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. No programs will be scheduled during Holidays. Public Access For Occasional Users Single timeslots of lengths as noted above in §2, Length, will be available for occasional users on a first -come, first -served basis. Occasional Users must complete a Public Access Cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First come, first served is determined upon receipt by the Access User Group Secretary. In addition to a first -run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. No programs will be scheduled during Holidays. Forfeit of Time slot If a Series User fails to turn -the- tapes -ire supply tapes for two consecutive weeks for a weekly program (or two consecutive months for a monthly program) , the User forfeits the Timesiot until the next lottery. § 4 DEFINED TERMS Access User Group — as set forth in the City Code of Ordinances, Section 2 -183, membership of the access user group may be composed of any individuals who are residents of the City as well as representatives of community, public interest. or neighborhood, notwithstanding any other provision. representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One Access User Group may be established for each Public Access Channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial Programming - means any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content 75 MASTER CABLE SERVICES REGULATORY ORDINANCE whether audio, video or text intended, directly or indirectly to promote any service, or product OF pew -- caudate; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays are " _ : Martin Luther King. Jr. Day Memorial Day. Fourth of July. Labor Day, Thanksgiving Day Friday after Thanksgiving Day. Christmas. and New Year's Day. Program Identification - The tag at the beginning and end of the program must bear the User name, and title of program as it appears on the User Application and the production date. The tag must appear for at least ten (10) seconds, in both the audio and or video at the beginning and end of each program. Public Access Channel (sometimes herein "Channel ") - This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public Access Time Allocated Schedule — The block of time slots allocated to each Public Access Channel that are available and are allocated by lottery during the Semi - annual Timeslot Renewal Period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats startin,. 12 :00 _,on to 9 :00 The intent is to develop a block on time slots that provide for consecutive programming, without gaps in the programming schedule. - - ... : : 1 -- ! ! : Repeat Program - A program which was previously aired on any Public Access Channel. Semi - annual Timeslot Renewal Period - A period beginning April and October of each year, during which all who wish to request a Series for the upcoming six months must submit an application. Series — A locally produced Public Access show from a single User. A series can be either weekly or monthly. User - Any adult resident of the City of Corpus Christi who, upon having paid any fees required by the access user group and having executed a Program Contract, produces locally non- commercial programs for the Public Access Channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with Owe valid identification (such as a driver's license). 4 5 AMENDMENTS TO RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING 76 MASTER CABLE SERVICES REGULATORY ORDINANCE These rules may be amended by City Council following recommendation from the Cable Commission or franchised Cable Operators in the City of -CeFMS-Glwisti. The City shall give any Cable Operator sixty (60) days written notice of any proposed amendment to the Rules and Procedures for Public Access Cablecasting. In the event that a Cable Operator obiects in writing, the City and the Cable Operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any Cable Operator become effective without the written consent of that Cable Operator. § 6 VIOLATIONS OF RULES. No program will be permitted to air over the Public Access Channels is a User or program violates one or more of the rules identified in Section 1. The Channel 10 Access User Group will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group will receive and investigate complaints concerning violations of the above rules on Channel 18. The access user group will inform the User who produced the program that is the subject of the complaint of the complaining party's name and contact information. If any of the above rules have been violated, the access user group will mail written notice of the violation to the User. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, via certified mail return receipt requested, to the address provided in the application. The User may appeal the decision of the access user group to the Cable Communications Commission by physically delivering to the City Secretary's Office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The Cable Communications Commission shall hold the hearing for appeal within fourteen (14) calendar days from receipt by the City Secretary's Office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to the City Council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of the above rules occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of the above rules occurs within twelve (12) months after the first adjudicated violation, then the User shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until edited to remove the violation. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. 77 ORDINANCE AMENDING SECTION 6.2 OF THE CLEARSOURCE FRANCHISE REGARDING PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS CHANNELS WHEREAS, ClearSource, Inc. ( "ClearSource ") is the duly authorized holder of a franchise granted by the City in Ordinance No. 023835 and passed by the City Council on November 9, 1999, (the "Franchise ") NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS FOLLOWS: SECTION 1. That Section 6.2 of the Franchise is amended to read as follows: 6.2 Public, Educational and Governmental Access. A. Access Channels. Grantee shall offer the following channels to each of it Subscribers as part of the Basic Service. (1) Public Access — Two (2) specifically designated Channels for non- commercial public access use. (2) Local Educational Access — One (1) specifically designated Channel for non - commercial local educational access use by City- designated users. (3) Government Access — One (1) specifically designated Channel for non - commercial use by the City. B. Additional Access Channels. Upon demonstration that an Access Channel is in use with locally produced audio -video programming (not Character Generated programming) during the weekdays (Monday- Friday), for seventy -five percent (75 %) of the time, twenty -four (24) hours per day for twelve (12) consecutive weeks, and there is a request or demand for use of 1 an additional Channel for the same purposes, Grantee shall, upon receipt of written request from the City, have cix (6 one (1) year in which to provide an additional Access Channel dedicated for the same purpose, provided that the provision of such additional Channel(s) shall not require the Grantee to install Converters. In calculating use of the Public, Educational and Governmental programming: (1) Character generated programming shall not be included. (2) For Public and Educational Access programming purposes repeat programming shall not be counted. (3) For Government Access programming purposes, repeat programming shall be counted only in the first week of the original cablecast for weekly programming up to a maximum of three (3) airings; and only in the first month of the original cablecast for monthly programming up to a maximum of four (4) airings. (4) For Educational and Government Access programming purposes, only Locally Produced Programming shall be counted. total of six (6) channels shall b made available for PEG Access berabincd.. Under the above conditions, the number of channels available for Public Access can be increased from two channels to three channels, and up to three channels can be made available for Educational and 2 Government Access combined; provided that, in no event can more than a total of six channels be made available for all PEG Access combined. C. Unused Channels. If demand for use of the PEG Access Channels does not warrant activation or continuation of all such Channels, Public and Educational Access programming may, upon the written approval of the City, be combined on one or more Channels. D. Non - Commercial Programming. The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming. Grantee shall be allowed to utilize the access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon the written approval of the City. E. Transition. For ninety (90) days following the Effective Date (the "Transition Period) of this Amendment, Texas Cable Partners shall continue to provide scheduling and playback for the Public and Government Access Channels. In addition, during this Transition Period Texas Cable Partners shall also provide a playback schedule and duplicate of tapes for playback of Public and Government Access programming for use by other franchised cable operators in the City. Grantee shall pay Texas Cable Partners $1,000 per month for each for the services provided to the Grantee during this Transition Period. F. Playback. Notwithstanding anything to the contrary, Grantee shall begin cablecasting all PEG access programming within thirty (30) days of the 3 Effective Date of this Amendment, in accordance with the Rules and Procedures for Public Access Cablecasting set forth in Exhibit "A" of the Master Ordinance. Grantee will be responsible for obtaining and maintaining the playback equipment to cablecast program tapes on the two public access channels and the government access channel, and employing staff to operate such equipment. None of Grantee's costs to provide the playback services shall be passed onto to the City nor charged against the franchise fees. The City or its designee shall be responsible for developing the City's playback schedule of the Public and Government Access Channels and distributing a copy of the playback schedule to each franchised cable operator, in accordance with the rules and procedures developed by the City. The obligation of any franchised operator to provide Public and Governmental Access playback is subject to any and all franchised cable operators providing the same playback services. G. PEG Feeds- Grantor agrees to provide Grantee with one (1) single mode fiber connection and no equipment from each DMARC to connect to the Government Channel and Education Channel at City Hall. DEMARC for Del Mar College is; 101 Baldwin Blvd., Buddy Venters Bldg., Room 185 wiring closet one SMF to City Hall DEMARC: DEMARC for Nueces County is; 901 Leopard, New Jail Mechanical Room, one SMF to City Hall DEMARC: City Hall is; 1201 Leopard, City Hall Basement conduit closet, one SMF to Ayers /Civatan DEMARC: twenty Five foot (25') pigtail connection to Grantee's fiber at; Ayers /Civatan intersection. In 4 exchange, Grantee will upgrade Grantor's Internet capacity to full duplex 5 Mbps (equivalent of 3 TI lines) over the current fiber connection to City Hall during Monday through Friday, 7:00 AM to 6:00 P.M. CST immediately. The Internet capacity may be reduced to 1 T1 Line after said hours. Grantee agrees to make arrangements to receive these feeds to begin cablecasting of Educational channel within thirty (30) days from the Effective Date of this Amendment, and begin cablecasting the Governmental access channel within forty -five days from date this Amendment passes on second reading, or forty -five days after close of merger transaction between ClearSource and Grande Communications, whichever is later. None of Grantee's costs to connect to the Educational or Governmental channels shall be passed on to the City, nor charged against the franchise fee. H. Capital Support for Government Access. The parties acknowledge that Grantee has made a one -time grant in the amount of two hundred thousand dollars ($200,000) for government access equipment and facilities (and not for operating expenses or support). On or before the seventh •. -- -- -- -- . ... .- - _• _ I. Grantee will provide an additional fifty -two thousand five hundred dollars ($52,500) for public access equipment and facilities, due as follows: J. Grantee will make 11 annual payments of three thousand five hundred dollars ($3,500), the first of which is due and payable January 31, 2003, 5 and a like payment due and payable by each consecutive January 31. Grantee will make a final payment of $14,000 by January 31, 2014. K. Access Channel Designations. Grantee acknowledges and agrees that unless otherwise agreed in writing, the Access Channels activated and used by the City will have the same Channel number designations as those that are utilized by the Incumbent Provider as of the Effective Date of this Franchise Agreement. L. Ad Avail Grants. In order to promote Access Programming, Grantee will provide the City ad avails each year at Grantee's lowest unit cost. The ad avails will be on a "run of schedule" basis and shall appear on Channels used by Grantee for local advertising. M. Assistance with Soliciting Contributions. Once per year, if requested by the City, the Grantee shall provide its Subscribers an Access promotion. L. Technical Quality. Grantee shall maintain all Access channels meet the technical standards of the FCC; provided, however, the Grantee shall not be responsible for defects, flaws or other impairments in the programming delivered to the Grantee. M. Interconnection. Instead of providing playback equipment for the public access channels and government channel and connecting to the demarcation points for the educational and governmental access channels, Grantee may negotiate with incumbent Cable Operator for feed to cablecast these channels to Grantee's subscribers, subject to City approval of the final negotiation, such approval shall not be unreasonably withheld. eUnnseuxcE • INTERNE? • !„\, June 17, 2002 Mr. Mark McDaniel Director of Management and Budget City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. McDaniel; 0 tat Please consider this a commitment from ClearSource and Grande Communications to accept the obligations reflected in the attached franchise amendment if the City Council approves both the transaction between ClearSource and Grande and the attached amendment to the ClearSource franchise on June 25, 2002. r oth William E. Morrow EO, ClearSource CEO, Grande Communications Attachment ORDINANCE APPROVING THE TRANSACTION BETWEEN CLEARSOURCE, INC. AND GRANDE COMMUNICATIONS HOLDINGS, INC., SUBJECT TO REQUIREMENTS WHEREAS, ClearSource, Inc. ( "ClearSource ") currently owns and operates a cable television system ( "System ") operating in the City of Corpus Christi (the "City") and is the duly authorized holder of a franchise granted by the City in Ordinance No. 023835 and passed by the City Council on November 9, 1999, (the "Franchise ") WHEREAS, ClearSource will become a subsidiary of Grande Communications holdings, change its name to Grande Communications ClearSource and Grande Communications ClearSource will accept all of the rights, obligations and benefits under the terms of the Franchise (the "Transaction ") WHEREAS, the City believes it is in the best interest of the City to approve the Transaction, subject to the requirements of this Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS FOLLOWS: SECTION 1. The City of Corpus Christi hereby consents to the Transaction, all in accordance with the terms of the Franchise, subject to acceptance by Grande Communications ClearSource, Grande Communications Inc. and ClearSource, Inc. of the attached amendment to the Franchise. ORDINANCE AMENDING SECTION 6.2 OF THE CLEARSOURCE FRANCHISE REGARDING PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS CHANNELS WHEREAS, ClearSource, Inc. ( "ClearSource ") is the duly authorized holder of a franchise granted by the City in Ordinance No. 023835 and passed by the City Council on November 9, 1999, (the "Franchise ") NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS FOLLOWS: SECTION 1. That Section 6.2 of the Franchise is amended to read as follows: 6.2 Public. Educational and Governmental Access. A. Access Channels. Grantee shall offer the following channels to each of it Subscribers as part of the Basic Service. (1) Public Access — Two (2) specifically designated Channels for non- commercial public access use. (2) Local Educational Access — One (1) specifically designated Channel for non - commercial local educational access use by City- designated users. (3) Government Access — One (1) specifically designated Channel for non - commercial use by the City. B. Additional Access Channels. Upon demonstration that an Access Channel is in use with locally produced audio -video programming (not Character Generated programming) during the weekdays (Monday- Friday), for seventy -five percent (75 %) of the time, twenty-four (24) hours per day for twelve (12) consecutive weeks, and there is a request or demand for use of 1 Government Access combined; provided that, in no event can more than a total of six channels be made available for all PEG Access combined. C. Unused Channels. If demand for use of the PEG Access Channels does not warrant activation or continuation of all such Channels, Public and Educational Access programming may, upon the written approval of the City, be combined on one or more Channels. D. Non - Commercial Programming. The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming. Grantee shall be allowed to utilize the access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon the written approval of the City. E. Transition. For ninety (90) days following the Effective Date (the "Transition Period) of this Amendment, Texas Cable Partners shall continue to provide scheduling and playback for the Public and Government Access Channels. In addition, during this Transition Period Texas Cable Partners shall also provide a playback schedule and duplicate of tapes for playback of Public and Government Access programming for use by other franchised cable operators in the City. Grantee shall pay Texas Cable Partners $1,000 per month for each for the services provided to the Grantee during this Transition Period. F. Playback. Notwithstanding anything to the contrary, Grantee shall begin cablecasting all PEG access programming within thirty (30) days of the 3 and a like payment due and payable by each consecutive January 31. Grantee will make a final payment of $14,000 by January 31, 2014. K. Access Channel Designations. Grantee acknowledges and agrees that unless otherwise agreed in writing, the Access Channels activated and used by the City will have the same Channel number designations as those that are utilized by the Incumbent Provider as of the Effective Date of this Franchise Agreement. L. Ad Avail Grants. In order to promote Access Programming, Grantee will provide the City ad avails each year at Grantee's lowest unit cost. The ad avails will be on a "run of schedule" basis and shall appear on Channels used by Grantee for local advertising. M. Assistance with Soliciting Contributions. Once per year, if requested by the City, the Grantee shall provide its Subscribers an Access promotion. L. Technical Quality. Grantee shall maintain all Access channels meet the technical standards of the FCC; provided, however, the Grantee shall not be responsible for defects, flaws or other impairments in the programming delivered to the Grantee. M. Interconnection. Instead of providing playback equipment for the public access channels and government channel and connecting to the demarcation points for the educational and governmental access channels, Grantee may negotiate with incumbent Cable Operator for feed to cablecast these channels to Grantee's subscribers, subject to City approval of the final negotiation, such approval shall not be unreasonably withheld. 6 City of Corpus =Er- =—. Christi