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Home My WebLink AboutAgenda Packet City Council - 07/22/2003CITY COUNCIL AGENDA JULY 22, 2003 Corpus Christi AlI-America City 2OO3 1:45 P.M. - "At Your Service" City Staff Recognition Program Mayor and Council Members welcome Kdspy Kreme to Corpus Chdsti Proclamation declaring August 3, 2003 as "National Kids Day" Proclamation declaring August 5, 2003 as "National Night Out" Proclamation declaring August 9, 2003 as "Feda de las Flores Day" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 22, 2003 10:00 A.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 eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habra un int~rprete ingl&s-espa[~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids er 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 Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Nee Acting City Attorney R. Jay Reining City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of July 8, 2003. (Attachment # 1) Agenda Regular Council Meeting July 22,2003 Page 2 F. BOARDS & COMMrn'EE APPOINTMENTS: (Attachment # 2) Commission on Children and Youth Storm Water Management Advisory Committee Water Resources Advisory Committee Corpus Christi Convention and Visitors Bureau G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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 materfal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not raquidng 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) Motion approving the purchase of three all terrain vehicles from Amigo Power Equipment of Edinburg, Texas in accordance with Bid Invitation No. BI-0119-03 based on Iow bid for the total amount of $28,198.50. The vehicles will be used by the Water CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 3 Department and are replacement upgrades to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY 2002-2003. (Attachment fi 3) Motion approving the pumhase of nine (9) submersible pumps ranging from 5 horsepower to 35 horsepower from Peeco of Corpus Christi, Texas in accordance with Bid Invitation No. BI~ 0131-03 based on the only bid for a total amount of $63,326. These pumps will be used by the Wastewater Department. Funds have been budgeted by the Wastewater Department in FY 2002-2003. (Attachment fi 4) Motion approving a supply agreement with DPC Industries, Inc. of Corpus Chdsti, Texas for approximately 1,150,600 pounds of Sodium Hypochlorite Solution in accordance with Bid Invitation No. BI-0112-03 based on Iow bid for an estimated six-month expenditure of $480,720.68 of which $40,060.06 is for FY 2002-2003. The term of the contract will be for six months with an option to extend for up to four additional six-month pedods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2002-2003 and requested for FY 2003-2004. (Attachment fi 5) Motion approving the purchase of traffic signal equipment from the following companies for the following amounts in accordance with Bid Invitation Nos. BI-0122-03 and BI-0132-03 based on Iow bid and only bid for a total amount of $225,401. Funds have been budgeted by the Street Department in FY 2002-2003. (Attachment fi 6) ControlTechnologies, lnc. Suaadand. TX Items 5-8 $102,085 Texas Highway Produ~s Round Rock, TX Items 1 & 2 $63,450 Paradigm Traffic Ft. Worth, Texas Items 3 & 4 $59,866 CITY COUNCIL PRIORITY ISSUES (Refer to legend at b~e end of lhe agenda summary) Grand Total: $225,401 Agenda Regular Council Meeting July 22, 2003 Page 4 10. 11. Motion authorizing the City Manager or his designee to execute a three-year lease (contingent on the funds budgeted in FY 2004- 2007) with Old Lipan, Ltd. of Corpus Christi, Texas for the facility space to operate the Juvenile Assessment Center in the amount of $33,664.20 per yearwhich has been budgeted in the FY 2003 - 2004 budget of the Corpus Christi Crime Control and Prevention District. (Attachment # 7) Resolution authorizing the review of Transmission and Distribution (T & D) rates of AEP Texas Central Company (Company); directing Company to file certain information ("Rate Filing Package") with the City of Corpus Christi; setting a procedural schedule for the gathering and review of necessary information; setting dates for the filing of the City's analysis of the Company's filing and the Company's rebuttal to the analysis; authorizing the hiring of legal counsel and consultants; requiring the reimbursement of the City of Corpus Christi's T & D rate case expenses; setting a public hearing to determine if the existing T & D rates ara unreasonable or in any way in violation of any provision of law and to determine just and reasonable T & D rates to be charged. (Attachment # 8) Resolution authorizing the City Manager or his designee to execute a Local Project Advanced Funding Agreement for the Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the futura development of Cefe Valenzuela Landfill in the amount of $16,000 for preliminary engineering and $900,000 for construction (subject to availability of funds). (Attachment # 9) Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Health in the amount of $87,979 for the elimination and control of tuberculosis in Nueces County. (Attachment # 10) Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to apply to the Department of Health and Human Services for first-year funding of a $50,000, three-year renewal grant for a demonstration project to supplement existing community emergency medical response systems. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 5 12. 13. 14. 15. 16. 17. Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to submit a grant application to the Texas Department of Health for a one-year $204,750 grant to provide additional personnel and supplies for the continued provision of immunization services. (Attachment #12) Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District or his designee to submit an application to the Texas Department of Health for a one-year $149,797 renewable contract to fund the elimination and control of tubemulosis in Nueces County. (Attachment # 13) Ordinance amending Article XI, Commemial and Industrial, Chapter 55, Utilities of the Code of Ordinances, City of Corpus Christi, regarding disposal and pretreatment of commemial and industrial waste; and providing for penalties. (Attachment # 14) Motion scheduling a public hearing on August 26, 2003 regarding: The establishment of the proposed Rodd Field Public Improvement District; and Approval of said district's boundaries; Approval of the method of levying property owner assessments based upon the cost of infrastructure improvements to said district. (Attachment # 15) Ordinance appropriating $242,557.69 in interest and miscellaneous earnings in the No. 3072 Aquarium Capital Improvement Program Fund and transferring $242,557.69 to the No. 2010 General Obligation Debt Service Fund to pay outstanding debt service and closing Fund No. 3072; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $242,557.69. (Attachment # 16) Ordinance appropriating $110,508.70 from paving assessments in the No. 3530 Street Capital Projects Fund and transferring $110,508.70 to the No. 1020 General Fund to reimburse the collections activity; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $110,508.70. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 6 18.a. 18.b. 19.a. 19.b. 20.a. 20.b. Resolution amending Resolution No. 025141 which authorized submission of grant application to the State of Texas, Cdminal Justice Division for Title V Delinquency Prevention Grant; accepting Title V Delinquency Grant of $250,000. (Attachment # 18) Ordinance appropriating a grant in the amount of $250,000 from the State of Texas, Cdminal Justice Division of the Governor's Office in the No. 1067 Park and Recreation Grant Fund for Municipal Court processing and tracking of status offenders and Juvenile Assessment Center Case Management Services for at- risk youth. (Attachment # 18) Ordinance appropriating $9,664.36 from Brighton Village Unit 8B developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $9,664.36 to the No. 4730 Infrastructure Fund. (Attachment # 19) Motion approving payment of $9,664.36 developer's contribution from Brighton Village Unit 8B from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. (Attachment # 19) Ordinance appropriating $11,435.77 from Barclay Grove Unit 8 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $11,435.77 to the No. 4730 Infrastructure Fund. (Attachment # 20) Motion approving payment of $11,435.77 developefs contribution from Barclay Grove Unit 8 from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 7 21.a. 21.b. 22.a. 22.b. 22.c. 22.d. 23. Ordinance appropriating $26,311.01 from Yorktown Crossing Unit 2 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $26,311.01 to the No. 4730 Infrastructure Fund. (Attachment # 21) Motion approving payment Of $26,311.01 developer's contribution from Yorktown Crossing Unit 2 from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for disbursement to the appropriate funding owners in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee. (Attachment # 21 ) Motion approving the reimbursement application submitted by the Diocese of Corpus Christi, owner and developer of St. Helena Chumh Tract, Block 1, Lot 1 for the installation of 1,892 linear feet of a 12-inch PVC water grid main. (Attachment # 22) Ordinance appropriating $53,154.42 from the Water Arterial Transmission and Gdd Main Trust Fund No. 4030-209010 to pay the developer reimbursement request for the installation of 1,892 linear feet of an 12-inch PVC water grid main to develop St. Helena Church Tract, Block 1, Lot 1. (Attachment # 22) Motion approving the reimbursement application submitted by the Diocese of Corpus Chdsti, owner and developer of St. Helena Church Tract, Block 1, Lot I for the installation of 1,418 linear feet of a 12-inch oversize, over depth sewer collection line. (Attachment # 22) Ordinance appropriating $54,034.59 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay the developer reimbursement request for the installation of 1,418 linear feet of a 12-inch oversize, over depth sewer collection line. (Attachment # 22) Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Fulton Coastcon, Joint Venture of Corpus Chdsti, Texas in the amount of $595,000 for the Multi- Purpose Arena to complete the suite build-out. (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~7) Agenda Regular Council Meeting July 22,2003 Page 8 24. Motion authorizing the City Manager or his designee to execute a real estate sales contract with Katherine Cecelia DeMott, et al in the amount of $86,081 plus $1,200 in closing costs for the purchase of fee simple property rights for Parcel 8A; being 29.683 acres out of Tract No. 8, Margaret Kelly Land located south of the Corpus Christi International Airport between County Roads 2292 and 763 in connection with the Corpus Christi Intemational Airport Expansion Project, and for other municipal purposes. (Attachment # 24) 25.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $296,826 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement grant within the Police Department. (Attachment # 25) 25.b. Ordinance appropriating $296,826 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund; appropriating $13,812 from the No. 1061 Texas Automobile Theft Prevention Authority Asset Seizure and Forfeiture account; and authorizing the transfer of $47,168 from the No. 1020 Cash Contribution to grants in the No. 1061 Police Grants Fund. (Attachment # 25) 26. Ordinance appropriating $509,474 in Passenger Facility Charge Fund 4621; transferring $288,185 into the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509,474. (Attachment # 26) 27. Ordinance appropriating $79,026.69 in unappropriated interest earnings in Airport 1 §§0 Capital Improvement Program Fund No. 3022 for the Airport Terminal Project; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $79,026.69. (Attachment # 27) 28. Second Reading Ordinance -Amending the Zoning Ordinance by revising Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary Business Core District, and Article 22, Off-Street Parking Regulations. (First Reading - 07/08/03) (Attachment # 28) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 9 I. PUBLIC HEARINGS: 2:00 P.M. 29.a. Public Headng to receive public comments regarding the proposed amendment to the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund. (Attachment # 29) 29.b. First Reading Ordinance - Amending the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund and authorizing the use of the Sanitary Sewer Trunk System Trust Fund for the installation of trunk force mains and lift stations by adding the Storm Water Collection Sewer Trust Fund and by revising the procedures for obtaining reimbursements to developers from all of the Infrastructure Trust Funds and providing for an effective date. (Attachment # 29) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 30.a. Ordinance appropriating $30,379 from the Reserve for Government Access Equipment and Facilities in the No. 1020 General Fund for access channel equipment and facilities; amending Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $30,379. (Attachment # 30) 30.b. Motion authorizing the City Manager or his designee to execute a contract with Channel 10 PAUG/NuPAC, Inc. of Corpus Christi, Texas for a 12-month period with a renewal option of four additional one-year periods, subject to the approval of the contractor and the City Manager or his designee, to manage a public access studio and editing equipment with City donated equipment for public access producers for a one-time payment of $15,458 for facility and equipment set-up and $14,921 for replacement of inoperable equipment. (Attachment # 30) 31. Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi the Interruptible Water Supply Contract between Lavaca-Navidad River Authority and the City of Corpus Christi, Texas. (Attachment # 31) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22, 2003 Page 10 32. 33. Ke 35. 36. Resolution authorizing the City Manager or his designee to submit a notice of intent to apply for a Regional Facility Planning grant and to submit the grant application to the Texas Water Development Board for the development of a large-scale seawater desalination demonstration project in Corpus Christi. (Attachment # 32) Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas and Concentra Medical Center to provide occupational health services. (Attachment # 33) (TO BE DISCUSSED AT APPROXIMATELY 1:00 P.M.) First Reading Ordinance - Amending the Code of Ordinances, Chapter 24, Human Relations by adding Article V, Discrimination Against Individuals with Disabilities, establishing procedure and implementation and providing for penalties. (Attachment # 34) EXECUTIVE SESSION: (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 any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 regarding CCMCA, Inc., a Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session under Texas Govemment Code Section 551.071 regarding the administration of the City's employee health benefits plans with possible discussion and related action in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 22,2003 Page 11 37. 38. 39. L= 40. Executive session under Texas Govemment Code Section 551.071 regarding United States vs. City of Corpus Chdsti, Cause No. C-03-015, in the United States District Court for the Southern Distdct of Texas, with possible discussion and action in open session. Executive session under Texas Govemment Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation, et al, No. 96-12-7404-A, 107t~ District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi against PG&E's successor GulfTerra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. Executive session under Texas Govemment Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for a minor league baseball stadium with possible discussion and related action in open session. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED BUDGET FY ;2003 - 2004: Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1,2003; to be filed with the County Clerk and appropriating monies as provided in the budget. (Attachment # 40) PROPOSED REVISIONS ,TO THE CODE OF ORDINANCES, 41. CHAPTER 39, PERSONNEL: Ordinance amending the Code of Ordinances by revising Section 39 - 303, Standard Classifications, Pay Plans, Pay Grades and Ranges, as amended; revising Section 39- 304, Classified Service defined, as amended; revising Section 39 -349, Plan II, Personal Leave for Plan II employees, as amended; revising Section 39 - 318, Discretionary Payment of Involuntary Termination, as amended; repealing all other ordinances and rules or parts of ordinances and rules in confiict with this ordinance. (Attachment #41) CITY COUNCIL PRIORITY ISSUES (Refer fe legend at the end of the agenda summa~J) Agenda Regular Council Meeting July 22, 2003 Page 12 PROPOSED FEE/RATE IN,CREASE ADJUSTMENTS INCLUDED IN THE PROP(~SED FY 2003 -2004 BUDGET: 42.a. 42.b. 42.c. 42.d. 42.e. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and providing an effective date of August 1, 2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Chdsti, to establish Section 55-7 to adopt a monthly fifty cent local exchange access line service fee to provide for the purchase, installation and maintenance expenses, including personnel, of 9- 1-1 service in the City Of Corpus Christi, Texas; repealing Ordinance No. 024971 which established a monthly forty cent fee and providing for an effective date of August 1,2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Christi to increase and establish the Health Department fees as follows: Food Handler and Food Manager's Permit from $6 to $7; Day Care Facility Inspection from $35 to $50; Sexually Transmitted Disease Clinic visit from $5 to $15; Sexually Transmitted Disease Clinic blood test from $5 to $10; Food Service Permit Reinspection, Fee of $50; Foster Family Home Inspection, Fee of $50; Birth Certificate Cover, Fee of $1; Letter of Verification for Cosmetology License Applicants, Fee of $50; amending Section 23-19 regarding fees for Water Sample Lab Tests; and providing for an effective date of August 1, 2003. (Attachment # 42) Resolution authorizing fees for laboratory testing of water samples for FY 2003 - 2004 and providing for an effective date of August 1, 2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Chdsti, Section 53-257, Parking Meter Zones: established by amending certain parking meter zone rates; providing for penalties; and providing for an effective date of August 1, 2003. (Attachment # 42) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting July 22, 2003 Page 13 42.f. 42.g. 42.h. 42.i. 42.j. 42.k. 42.1. Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 9-35.1, Parking Rates, to increase long-term (hourly) parking rates and adding covered parking rates at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; and providing for an effective date of August 1, 2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage Trash and other refuse to increase the solid waste system service charges; providing for penalties; and providing for an effective date of August 1,2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Chdsti, Chapter 21, Garbage, Trash and other Refuse to increase, in certain instances, the solid waste hauler annual permit fee; providing for penalties; and providing for an effective date of August 1, 2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and Sidewalks; to increase fees to close and abandon street or easement and providing for an effective date of August 1,2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction; and Related Operations; housing and housing premises standards; to add a new flood determination letter fee and providing for an effective date of August 1, 2003. (Attachment # 42) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; housing and housing premises standards; to establish new fees or increase technical construction code fee schedules and providing for an effective date of August 1,2003. (Attachment # 42) Resolution authorizing Park, Recreation, Cultural and Leisure Time Activities rental fee and recreational fee adjustments; adding new rental fees and recreational fees for FY 2003 - 2004 and providing for an effective date of August 1, 2003. (Attachment # 42) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing July 22,2003 Page14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PROPOSED TAX RATE: 43.a. Motion setting August 26, 2003 as the date of the adoption of the ad valorem tax rate of $0.644175 per $100 valuation. (Attachment # 43) 43.b. Motion setting a public hearing on the ad valorem tax rate for August 19, 2003 during the regular City Council meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 43) Me PRESENTATIONS: Public comment will not be so/icited on Presentation items. 44. (TO BE DISCUSSED AT APPROXIMATELY 3:00 P.M.) Landry's Memorandum of Understanding (No Attachment) 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 dirfge a la junta y cree que su ingl~s es limitado, habr~ un int&rprete inglF~s-espai}ol en la reunion de la junta pare 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 A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting July 22,2003 Page 15 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 bdef discussions regarding city-related matters. 45. CITY MANAGER'S REPORT 46. 47. P. NOTE: * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Oity's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at -~ 15'~m., ~/y /~ ,2003. Armando Chapa City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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 Ifighlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 8, 2003 - 12:04 p.m. PRESENT Mayor Samuel L. Neal Jr. *Mayor Pro Tem Melody Cooper! Council Members: ** Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta * Arrived at 12:10 p.m. ** Arrived at 12:15 p.m. Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Dennis Zerr of St. Patrick's Catholic Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 24, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive Session under Texas Government Code Section 551.071 regarding CCMCA, Inc. A Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Jon Harwood, et al vs. City of Corpus Christi, Cause No. 00-4149-G, in the 319th Judicial District Court, Nueces County, Texas, wi~ possible discussion and action in open session. The Council went into executive session (NOTE: Council Members Cooper and Chesney arrived). The Council returned from executive session and the following motion was passed with the following vote: / Minutes - Regular Council Meetin~ July 8, 2003 - Page 2 MOTION NO. 2003-230 Motion authorizing the City Manager to sign the Settlement Agreement for the lawsuit entitled Jon Harwood, et. all, versus the City of Corpus Christi, Cause Number 00-4149-G, in the 319~ Judicial DistrictICourt of Nueees County, Texas, for the City's promise to abide by the terms stated in the Agreement, and payment of Twenty Three Thousand Eighty Nine and 32/100 Dollars ($23,089.32) for the plantiffs' attorney fees and expenses. Mayor Neal referred to Item 4 and the following board appointments were made: Corpus Christi Business and Job Development Corporation Gail Hoffman (reappointed) Sam J. Susser (reappointed) Corpus Christi Convention and ViSitors Bureau Brad Lomax (reappointed) Govind Nadkarni (reappointed) Cristina Garza (reappointed) Tomas Duran (reappointed) Kevin R. Latone (appointed) Planning Commission Neill F. Amsler (reappointed) Eloy H. Salazar (reappointed) Robert Zamora (reappointed) Mayor Neal called for consideration of the consent agenda (Items 5-23). City Secretary Chapa announced that Council Member Kelly was abstaining from the vote and discussion on Item 16 and Council Member Noyola was abstaining from the vote and discussion on Item 21. Council members requested that Items 14, 1!6, 20, 21, and 22 be discussed. Mr. J.E. O'Brien, 4130 Pompano, requested that Items 10 and 22 be discussed. A motion was made and passed to approve Items 5 through 23, constituting the consent agenda, except for Items 10, 14, 16, 20, 21, and 22, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following motions passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was declared on Items 18a and 23) 5. MOTION NO. 2003-231 Motion authorizing the City Manager or his designee to enter into a contract with Dynix Corporation which will provide hardware and software maintenance for the Library's automated system. Estimated expenditure for the first year of the three year contract will be $62,819 of which the city'S portion will be $39,966. 6. MOTION NO. 2003-232 Motion approving a supply agreement with Pencco, Inc. of San Felipe, Texas for approximately 435 tons of Hydrofluorosilicic Acid in accordance with Bid Invitation No. Minutes - Regular Council Meetin~ July 8, 2003 - Page 3 BI-0108-03 based on low bid for an estimated annual expenditure of $66,903 of which $5,575.25 is for FY 2002-2003. The term of the contract will be for twelve months with an option to extend for up to twb additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2002-2003. MOTION NO. 2003-233 Motion approving the purchase of eight heavy trucks and two light tracks in accordance with Bid Invitation No. BI-0100-03 fi.om the following companies for the following amounts based on low bid and low bid meeting specifications for a total amount of $424,411.56. Nine units are replacements and one unit is an addition to the fleet. Funds are available fi.om the FY 2002-2003 Capital Outlay Fund. Crosstown Ford Sales, Inc. Corpus Christi, TX 2 Units $125,094 Champion Chevrolet Corpus Christi, TX 2 Units $44,504 Fleetpride Power Equipment Corpus Christi, TX 1 Unit $51,838.56 Champion Ford Corpus Christi, TX 5 Units $202,975 Grand Total - $424,411.56 MOTION NO. 2003-234 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of$125,221.90 of which $10,435.15 is for FY 2002-2003. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2002-2003. Ben E. Keith San Antonio, TX 32 Items $15,741.37 LaBatt Food Service Corpus Christi, TX 75 Items $45,802.33 PFG Victoria, TX 50 Items $53,921.96 Sysco Food Service San Antonio, TX 19 Items $9,756.24 Grand Total - $125,221.90 Minutes - Regular Council Meeting July 8, 2003 - Page 4 11. 12. 13. 15. MOTION NO. 2003-235 Motion approving a supply accordance with Coastal Be for 151,800 half-pint contair by the Coastal Bend Coun¢ $28,842 of which $2,403.5( six months with an option to of the Coastal Bend Counc designee. Funds have been agreement with Borden Milk Products LP of Austin, Texas in ad Council of Governments Bid Invitation No. CBCOG-03-5 ers of low fat milk, based on the recommended award submitted il of Governments for an estimated six month expenditure of . is for FY 2002-2003. The term of the agreement shall be for extend for up to three additional months, subject to the approval il of Governments, the supplier and the City Manager or his budgeted by Senior Community Services in FY 2002-2003. MOTION NO. 2003-236 Motion authorizing the Cit~ Manager or his designee to execute a radio facility and tower lease agreement with KVO~ Communications, Inc. dba KRIS Communications for a five year term estimated at $31,~59 per year from January 1, 2003 through December 31, 2007 and for an optional extende4t term of five years estimated at $36,414 per year from January 1, 2008 through December ~ 1, 2012 for continued use as a communications site to operate a public safety communications system. RESOLUTION NO. 0253~1 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with the Corpus Christi Independent School District in the amount of $162,036 for the DARE and KIDS and COPS Curricula. MOTION NO. 2003-237 Motion authorizing the City Manager or his designee to execute a twelve-month software maintenance agreement with HTE, Inc. of Lake Mary, Florida in an amount not to exceed $113,442.50. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services and Housing and Community Development. MOTION NO. 2003-239 Motion authorizing the City Manager or his designee to execute Amendment No. 11 to an engineering services agreement with MEI Govind, Inc. of Corpus Christi, Texas in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project 36"/48" Diameter Gravity Line and Lil~ Station. 17. MOTION NO. 2003-241 Motion authorizing the CiW Manager or his designee to execute a construction contract with KGS Electric Company of¥ictoria, Texas in the amount of $289,727 for the Youth Outdoor Sports Facilities Lighting ImProvement, Phase 2 at the following locations: South Guth Park; Evelyn Price Park; and Bill Witt Park. (BOND ISSUE 2000) Minutes - Regular Council Meeting July 8, 2003 - Page 5 18.a. ORDINANCE NO. 02536~ Ordinance appropriating $461,382 in unappropriated interest earnings from Water Capital Improvement Program Fund No. 4081 (1994 Revenue Bond) for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 3 Elevated Tank; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $461,382. 18.b. MOTION NO. 2003-242 Motion authorizing the City Manager or his designee to execute a construction contract with Pittsburg Tank & Tower Co., Elevated Division, Inc. of Sebree, Kentucky in the amount of $461,382 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 3 Elevated Tank. 19. MOTION NO. 2003-243 Motion authorizing the City Manager or his designee to execute a construction contract with Cash Construction Company, Ltd. from Pflugerville, Texas in the amount of $2,579,910 for the McArdle Road Improvements, Phase 3 from Everhart Road to Holmes Drive (BOND ISSUE 2000 Project No. C-6) and for Intersection Approach Improvements at the following sites: South Staples at Everhart and Airline at South Padre Island Drive). (BOND ISSUE 2000 PROJECT NO. C-11) 23. ORDINANCE NO. 025368 Ordinance appropriating $45,000 from the reserve for golf course design in Golf Fund 4690 for improvements to Gabe Lozano, Sr. Golf Course and the Oso Beach Municipal Golf Course; amending Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget by increasing appropriations by $45,000. Mayor Neal opened discussion on Item 10 regarding the Debt Service Reserve Fund Insurance Policy. Mr. J.E. O'Briea commented that he felt this item was a major policy change and thought that it should not have been placed on the consent agenda. Mr. O'Brien also asked how much the insurance would cost. City Manager Noe replied that this was not really a major policy change and that staff had previously informed the Council about the opportunity to substitute insurance in lieu of keeping cash in the reserve fund. In response to Mr. O'Brien's inquiry about the cost of the insurance, Ms. Lee Ann Dumbauld, Director of Finance, said that the surety would cost 1.95%, totaling $207,357. She explained that the city was holding $10,364,730 in its Debt Service Reserve Fund to satisfy requirements under various bond covenants. Ms. Dumbauld said that the city had the option to release these cash reserves and replace them with an insurance policy, subsequently releasing the funds for funding capital projects. Mayor Neal asked if the city had purchased a surety policy in the past. Ms. Dumbauld replied that the city had used a surety policy in lieu of cash reserves for the last several bond issues. In response to Council Member Kelly's question, Ms. Dumbauld replied that the $207,357 was a one-time charge. Mr. Kelly asked what the cost would be to service $10 million in bond Minutes - Regular Council Meeting July 8, 2003 - Page 6 revenues. City Manager Noe repli{d that it would probably be in the $800,000 range and that this amount would have to be paid annually with interest. Mr. Kelly observed that was substantially more than the one-time $207,357 cl~arge, with the added benefit of releasing $10 million for capital projects. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: ieal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10. RESOLUTION NO. 0253{ Resolution approving the s~ funds in the Reserve Fund System Revenue Bonds. Mayor Neal opened discu Authority facility. In response to ( Director of Engineering, said that ,, by the Texas Commission for Envit asked that if the land would be fi Stowers answered affirmatively. completed. Mr. Stowers replied Kelly asked if the land in its curn Stowers replied negatively, saying ~stitution of a Debt Service Reserve Fund Insurance Policy for upporting the outstanding City of Corpus Christi, Texas, Utility 5sion on Item 14 regarding the old Regional Transportation ouncil Member Kelly's question, Mr. Kevin Stowers, Assistant taffwas evaluating the success of mitigation measures required ~nmental Quality upon their completion. Council Member Kelly ee for other uses if the measures taken were successful. Mr. Mr. Kelly asked when the monitoring of the land would be Nat the monitoring would be completed by next summer. Mr. ~nt state represented a hazard to the residents of the area. Mr. that the material was confmed to the site and that the amount of the material was highly diluted, m~xing with the ground water. He added that the material was simply old diesel fuel product that Was not normally deemed hazardous. Mr. Kelly commented that many of the residents in the area were under the impression that the site was hazardous, and that the contamination was widespread. In response to Mr. Kelly's question, Mr. Stowers replied that the land was currently safe, but the issue was that because there was petroleum product in the ground water, TCEQ regulations required that only a certain amount be present or remediation efforts would be required. He said that staffwas simply trying to clean the site up so that it could be reused. He said that staffhoped to see the reuse of the property as the end result but could not confirm this until the end of the process. Assistant City Manager Ron Massey clarified that the property would have some use restrictions, but generally the site would have few limitations. City Manager Noe said that there were several federal funding sources available for reuse of similar sites, and staff was doing some research on using these funds to convert the site. In response to Council I~lember Colmenero's question, Mr. Stowers replied that the remediation efforts would require !a pumping process to remove the mix of petroleum product and ground water. At the point that there was less than one tenth ora foot of clear product left in the ground, TCEQ would permit the site to be closed. Assistant City Manager Massey added that cleanups resulting from underground storage tank leakage were not unusual and that they were taking place all over the United States. He said that the situation was basically benign since the city does not rely on ground water as ils primary drinking water source. Council Member Scott cOmmented that he had also heard that the contamination was widespread. Mr. Stowers replied that the study of the site had confirmed that the contamination was Minutes - Regular Council Meeting July 8, 2003 - Page 7 contained within the site. He added that the soil was heavy clay, so the product was moving very slowly throughout, and that the city's extraction efforts were also aiding the containment of the material. City Secretary Chapa polled the Council for their votes, and the following item passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 14.a. RESOLUTION NO. 02536~ Resolution authorizing the City Manager or his designee to accept a reimbursement grant from the Texas Commission for Environmental Quality in the amount of $29,126 for mitigation measures at the old Regional Transportation Authority facility at 1024 Sam Rankin. 14.b. ORDINANCE NO. 025363 Ordinance appropriating a $29,126 Reimbursement Grant from the Texas Commission for Environmental Quality in the No. 1050 Federal/State Grants Fund for mitigation measures at the old Regional Transportation Authority facility at 1024 Sam Rankin. 14.c. MOTIONNO. 2003-238 Motion authorizing the City Manager or his designee to execute Amendment No. 9 in the amount of $29,126 with Applied Earth Sciences, Inc. of Corpus Christi, Texas for mitigation services associated with a ~emoved underground fuel storage tank. Mayor Neal opened discussion on Item 16 regarding a change order for the multi-purpose arena. Council Member Cooper asked why Change Order No. 2 included a number of items that were not included on the set issued for bid or subsequent addenda issued prior to opening sealed proposals. Mr. Stowers replied that the complexity and scale of the project, coupled with a tight deadline, resulted in a number of "clean-up" items totaling approximately $120,000 that were overlooked by the architects. He added that these clean-up items were not unforeseen due to the size and scope of the project. Council Member Cooper noted that the change order also included $33,997 of cost reductions that did not impact the architectural appearance of the building. She asked if the change order amount would have been larger without the reductions. Mr. Stowers replied affirmatively, saying that the change order would have amounted to approximately $154,000 without the reductions. Ms. Cooper commented that it appeared that the number of items should have been pared down. Mr. Stowers replied that staffwould have liked to pare the number of items down and find other ways to address them at no cost to the city. However, he said that the city could not realistically move below this amount. He added that staffwould look for opportunities to realize other cost savings. Council Member Kinnison commented that this was probably not the last change order to be seen, considering the large size and scope of the project. Mr. Stowers replied affirmatively, saying that another change order will be forthcoming for the build-out of the suites. Other expected change orders could involve the seating package, the scoreboard, and other furniture and fixture items. Council Member Kiunison asked how much remained in the contingency fund for this project. Mr. Stowers responded that $876,000 remained in the contingency fund. Minutes - Regular Council Meetin~ July 8, 2003 - Page 8 City Secretary Chapa annot}nced that there was an amendment to Item !,6a, substituting the text "architectural revisions" to rea~l "12-inch water line and two fire hydrants . Council Member Kinnison made a motion to amend ]Item 16a as read by City Secretary Chapa, and Council Member Colmenero seconded the motion. The motion passed unanimously (NOTE: Council Member Kelly abstained). City Secretary Chapa d following items passed as amende~ Garrett, Noyola and Scott, voting 16.a. ORDINANCE NO. 02536~ :clared an emergency, polled the Council for their votes, and the [with the following vote: Neal, Chesney, Colmenero, Cooper, ' Aye"; Kelly abstained. Ordinance appropriating $3~,485 in unappropriated interest earnings from the Water Capital Improvement Program Fund No. 4081 (1994 Revenue Bond) for a 12-inch water line and two fire hydrants for the multi-purpose arena; amending the Capital Budget adopted by Ordinance No. 025144 to i~crease appropriations by $30,485. 16.b. MOTION NO. 2003-240 Motion authorizing the City Manager or his designee to execute Change Order No. 2 for the Multi-Purpose Arena ir~ the amount of $121,118 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas for architectural revisions including masonry, plumbing, water main, fire hydrants, electrical, mechanical, structural steel, telecommunications, fire standpipes, fire protection and solid plastic toilet partitions. Mayor Neal opened discussion on Item 20 regarding the Texas Department of Transportation (TxDOT) Highway 44 Clarkwood!Bypass. Council Member Scott asked when this project would be completed. Mr. David Casteel, District Engineer for TxDOT, replied that bids would be taken in August and would begin construction in December. He said that the project would take about 24 months to construct. Mr. Scott asked if there was any progress on developing relief routes around the Robstown and Alice areas. Mr; Casteel replied that there were some initiatives being proposed for the formation of Regional Mobility Authorities (RMA) in South Texas. Mayor Neal added that it would be about three to five years before more progress would be seen. City Secretary Chapa declared an emergency, polled the Council for their votes, and the following items passed with the following vote: Neal, Chesney, C01menero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 20.a. ORDINANCE NO. 02536{5 Ordinance appropriating $124,785 in unappropriated interest earnings from the Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for the Texas Department of Transportation Highway 44 Clarkwood Bypass - Utility Adjustments and New Casing Locations; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $124,7815. 20.b. MOTION NO. 2003-244 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to an engineering services agreement for the Southside Water Transmission Main with Urban Minutes - Regular Council Meeting July 8, 2003 - Page 9 Engineering of Corpus Christi, Texas in the amount of $158,580 for the Texas Department of Transportation Highway 44 Clarkwood Bypass - Utility Adjustments and New Casing Locations. Mayor Neal opened discussion on Item 21 regarding the airport covered parking project. Council Member Kinnison asked if the Aviation department had considered a double-decker parking facility instead of covered parking to increase the capacity. Mr. Dave Hamrick, Aviation Director, responded that staffhad considered a double-decker facility, but that it was prohibitively expensive. He said that the covered parking facility was the most cost-effective way to expand the parking facility. Council Member Kinnison noted that enplanements were down at the airport yet parking spaces were scarce. He was concerned that once air traffic increased and air service was added in the future, the parking would be inadequate. Mr. Hamrick replied that Phase I of the Roadway/Parking Lot project was nearly complete, and would add over 400 spaces to the lot, with room for expansion. City Manager Noe added that there were some adjustments made to employee parking would also add capacity. Council Member Colmenero asked what the total number of parking spaces would be once the expansion was completed. Mr. Hamrick replied that the number of spaces would increase from approximately 900 spaces to 1,400 spaces. Council Member Kinnison asked if the rates would remain the same. Mr. Hamrick replied that the covered parking would have a separate fee that would halfway between the short-term rates and the long-term fee. He also said that staff was proposing a modest increase to the short-term parking rates to help balance the budget this year. Council Member Scott asked why the covered short-term parking was not closer since it could be considered the best parkiag available. He commented that it would seem more logical to have the covered short-term parking should be the closest, followed by the uncovered short-term, and then have the uncovered long-term parking. Mr. Hamrick responded that the order of the parking lots was established according to directions staff was given by former city manager David Garcia. Mr. Hamrick noted that the project had not been designed yet, so it could be changed if desired. City Manager Noe said that staff would look into what would be involved to change the order of the parking. Mr. Scott also asked when the landscaping would be complete. Mr. Hamrick said that it would be completed by September. City Secretary Chapa polled the Council for their votes, and the following motion passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly Kinnison, and Scott, voting "Aye"; Noyola abstained. 21. MOTION NO. 2003-245 Motion authorizing the City Manager or his designee to execute a contract in the amount of $58,250 with Bennett, Martin, Solka and Torno, Inc. of Corpus Christi, Texas for architectural services for the Corpus Christi International Airport Covered Parking Project. Mayor Neal opened discussion on item 22 regarding a construction management services contract for various capital improvement projects. Mr. J.E. O'Brien asked what portion of the $119,00 being appropriated was being used for management services of utility projects, and what portion was to be used for street p~'ojects. He was concerned that there was a possible violation of the statute regarding transfer of funds. Mr. Stowers answered that this contract was prorated among several construction projects for street projects. He said that roughly $37,000 was allocated for street work and $120,000 for water work. City Manager Noe added that the expenses were directly Minutes - Regular Council Meeting July 8, 2003 - Page 10 ' related to utility costs, being the utility share of the construction management. He said that there was no transfer or subsidy being ~m~lemented. In response to Council Member Chesney s quest~o , Acting City Attorney Reining repl~d that there was no violation of state law taking place in this instance. City Secretary Chapa dedlared an emergency, polled the Council for their votes, and the following items passed with the foll >wing vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, votin 22.a. ORDINANCE NO. 025365 Ordinance appropriating Capital Improvement Prc management services for Capital Budget; amending t appropriations by $119,79( 119,790 in unappropriated interest earnings from the Water ram Fund No. 4082 (1995 Revenue Bond) for construction arious capital improvement projects associated with the 2003 ~e Capital Budget adopted by Ordinance No. 025144 to increase 22.b. MOTION NO. 2003-246 : Motion authorizing the City Manager or his designee to execute Amendment No. 1 for construction management services in the amount of $187,200 with Anderson Group Construction Management4 Inc. of Corpus Christi, Texas for various capital improvement projects associated with the 2003 Capital Budget. Mayor Neal referred to the presentations on the day's agenda. Assistant City Manager Ron Massey introduced Mr. David Casteel, District Engineer ofTxDOT, m provide update on the Harbor Bridge Lighting Project and the HUrricane Evacuation Transportation Operation project. Council Member Chesney interjected that he and Council Member Kinnison had had a successful meeting with residents near FM 2444, and he wanted m thank Mr. Caste, el, TxDOT, Assistant City Manager Massey and City Engineer Angel Escobar for their assistance. Mr. Casteel introduced Mr. Karl Burkett with TxDOT's Austin office, who would be making the presentation on the Harbor Bridge lighting project. Mr. Burkett presented a concept proposal for the Council's consideration. He cited the following goals for the project: :to instill civic pride, to produce an award-winning and attention- getting project, to ensure that the project was feasible from an engineering and maintenance standpoint; and to take light pollution into account. Mr. Burkett discussed several different lighting projects throughout the country. He mentioned other design considerations, including the use of events to attract attention and the use of changing colors. He proposed a plan for the Harbor Bridget that would include ground mounted and structure mounted fixtures, employing three different colors and changes every 30 minutes. He stated that the cost for one color light would be $312,000, two lights would be $462,000 and three lights would be $574,000. He also proposed an underbridge lighting project that would cost approximately $190,000. Council Member Coimenero commented that the bridge lighting project was an opportunity to highlight the bayfront area. He asked how long a project of this kind would take m complete. Mr. Casteei said that the sequence~to complete the project would first begin with the current project Minutes - Regular Council Meetin~ July 8, 2003 - Page 11 to do structural work to the bridge, which would take approximately 12 to 18 months to complete. Next, the bridge was scheduled to be repainted, which would cost approximately $11 million and take two years to complete. Thus, Mr. Casteel concluded that it would take approximately three to three and half years before the electrical wiring necessary for the lighting could begin, which in mm would take six to nine months to cc~mplete. In response to Mr. Colmenero's question, Mr. Casteel said that the long-term plan was to completely replace the Harbor Bridge, incorporating state-of-the- art aesthetic features to the new brklge. Council Member Scott con~mented that the Harbor Bridge was scheduled to be replaced in aborn 15 years, yet the life of the lighting project was estimated to be about 25 years. He asked if there were ways to reduce the cost of the project since it would only be used for 15 years. Mr. Burkett said that the costs could be reduced based on the number of colors used, but warned against using lower-quality light fixtures because they would increase the cost of maintenance or lower levels of light because they would ~not achieve the desired result. Mr. Scott asked about potential funding sources, especially the 1-1~4 quarter percent dedicated to art. City Manager Noe stated that the Port of Corpus Christi had expressed interest in participating in the project. Mr. Casteel added that TxDOT sets aside $200,000 a year for aesthetic treatments in the city that they could contribute. Mayor Neal asked if the MPO could fund this project. Mr. Casteel replied that he understood that MPO funds were to be used for mobility and maintenance projects only, but he would check into the matter. Mayor Neal called a brief recess to make a proclamation. The Council returned fi.om recess and Mr. Casteel provided a briefing on the TxDOT Hurricane Evacuation plan. He stated that TxDOT had received a $60,000 grant fi.om the Federal Highway Administration to review transportation operations during hurricane evacuations for Corpus Christi. He said that the purpose of the grant was to review evacuation routes for possible geometric improvements, eliminate bottlenecks, improve signing, and improve maps made available to the public. He said that Mr. Bryan Wood of TxDOT and Garry Ford with the Texas Transportation Institute took the lead on the project. Their research focused on 1-37 since it is the primary evacuation route. Mr. Casteel said that Mr. Wood and Mr. Ford identified the following three major projects for implementation to improve evacuation routes: improve the SPID and 1-37 interchanges; create four lanes on 1-37 from SPID to US 77 North; and a hurricane lane from US 77 North to SH 72. He said that the proposals would result in reduced delays and provide more options for evacuation routes beside the counterflow proposal. He anticipated that the project would be completed by the 2004 hurricane season at a cost of approximately $11 million. Mr. Casteel added that staff also looked at signing, and proposed several improvements to signing around curves to better delineate the hurricane route. Finally, Mr. Casteel reported that several improvements were being made to the evacuation route maps that TxDOT provided to the public. He said that the improved maps would be available in December. Mayor Neal asked Mr. Casteel if these proposals would replace the counterflow evacuation plan. Mr. Casteel replied that the ¢ounterflow plan was still an option. However, he said that these proposals would result in the same capacity as the counterflow plan with only one-tenth the manpower. Mayor Neal noted that the new plan would not be implemented until 2004, so for the current hurricane season, the counterflow plan would still be in effect. Minutes - Regular Council Meeting July 8, 2003 - Page 12 Council Member Chesney asked when the proposed evacuation routes would be complete. Mr. Casteel said that staff anticipaled that the plans would be entirely complete by late Summer 2004. In response to Mr. Cheney~s question, Mr. Casteel said that the construction to the JFK Causeway would be complete to the point that the lanes would be elevated by August 2004. Mayor Neal deviated from seconded and passed to open the p Case No. 0503-07, Texas 1 Industrial District to "R-2' Block 2, Lot 42R, located Boulevard. City Secretary Chapa said t Multiple Dwelling District, while noted that the applicant was reques' the agenda and referred to Item 29, and a motion was made, ~blic heating on the following zoning case: 'inkus Housing, L.P.: A change of zoning from a "I-2" Light Multiple Dwelling District on Mid-Town Industrial District, between Bear Lane, Brownsville Road and South Navigation ~e Planning Commission recommended the approval ofa "R-2" ~taffrecommended the denial of the "R-2" District. Mr. Chapa ing that the item be tabled to September 12, 2003. A motion was made and seconded to table the ite n to September 12, 2003. Council Member Noyola interjected that this was the second time in twoimonths that applicants developing in this same area were asking to table items. He asked why the~ were asking to table the items. City Manager Nee replied that both projects were seeking credits lhrough a state program, and the delay was related to their need to meet the program requirements t~r which they were applying. Council Member Noyola said that the residents of the area and staff~vere opposed to the project, and he made a motion to deny the applicant's request. Mayor Neal asked City Secretary Chapa for clarification on how to proceed. Mr. Chapa advised Mayor Neal that the Council needed to act on the motion to table before they could act on Council Member Loyola's motion. City Secretary Chapa polled the Council for their votes on the motion to table the item as follows: Neal, Cbesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye't; Noyola voting "No". The motion passed. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Cbesney, and the motionipassed. Council Member Noyola reiterated that he was against the zoning change because the residents in the area were opposed to the change in zoning. Mayor Neal commented that the Council !would have an opportunity to revisit the case on September 12. 29. ................ ' - ' '- -' ..... Tabled until 9-12-03 Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0503-06, Gene Qraham/Oak Pronerties: A change of zoning from a "R-1B" One- family Dwelling District tO a "RE" Residential Estate District on Flour Bluff and Eneinal Farm and Garden Tracts, being 25.56 acres out of a 76.07 acre tract of Lots 29 through 32, Minutes - Regular Council Meeting July 8, 2003 - Page 13 Section 48, located north of Don Patricio Road, south of Meeks Road and east of Flour Bluff Drive. Mr. Chapa said that the Planning Commission and staff recommended the approval of the "RE" Residential Estate District. He noted that the 20% role was in effect for this item which would require seven votes for approval. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by MS. Cooper, and passed. Mr. Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 30. ORDINANCE NO. 025369 Amending the zoning ordinance upon application by Gene Graham/Oak Properties by changing the zoning map ia reference to 25.56 acres of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lots 29 through 32, fi.om "R-1B" One-Family Dwelling District to "RE" Residential Estate District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Mayor Neal referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0503-09, Daniel J. Thornton and Robert J. Thornton: A change of zoning from a "R-1B" One-family Dwelling District to a "B-I" Neighborhood Business District on Don Patricio Subdivision, Block A, Lots 1, 2, 3, 50, 51 and 52 located on the southwest comer of Don Patricio and Caldron Roads. City Secretary Chapa said that the Planning Commission and staffwere recommending the approval of a "B- 1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public heating, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting 31. ORDINANCE NO. 025370 Amending the zoning ordinance upon application by Daniel J. Thornton & Robert J. Thornton by changing the zoning map in reference to Don Patricio Subdivision, Block A, Lots 1, 2, 3, 50, 51 and 52 from "R-lB" One-Family Dwelling District to "B-I" Neighborhood Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the public hearing for a zoning text amendment regarding downtown parking requirements. City Manager Noe explained that the proposed zoning text amendment was in response to the Downtown Management District's request tO eliminate the downtown parking requirement as it relates to Minutes - Regular Council Meeting July 8, 2003 - Page 14 residential projects. No one spoke ~n opposition to the zoning text amendment. Council Member Scott asked if the Downtown Management District (DMD) supported this zoning text amendment. Mr. Miguel Saltine with the Plannigg Department said that the DMD was aware of the zoning text amendment and was in support of it. City Secretary Chapa polled the Council for their votes, and the following ordinance passed on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 32. FIRST READING ORDINANCE Amending the Zoning Ordinance by revising Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary Business Core District, and Article 22, Off-Street Parking Regulations. Mayor Neal deviated from the agenda and referred to Item 26, a presentation on the City Council Audit Committee's findings and recommendations regarding fiscal issues. Council Member Kinnison, Audit Committee Chairman, thanked staff for their responsiveness and cooperation, and he also thanked his fellow committee members for their work and dedication. He reviewed the committee's nine recommendations (NOTE: The recommendations are included as Attachment A to these minutes). Mayor Neal commended the committee for its work. Mayor Neal called for public comment. Mr. J.E. O'Brien spoke in opposition to the committee's recommendation to increase the utility rates to 6% because he felt it would hurt economic development. Council:Member Chesney thanked Council Member Kinnison for his leadership on this committee, May~r Neal for forming the committee and staff for their assistance. Mr. Chesney noted that it was difficult for the committee to recommend a utility rate increase, but infrastructure improvements were: badly needed and there were no other obvious solutions. He encouraged Mr. O'Brien and any others in opposition to develop other solutions. Mr. Chesney also commented on the recommendation regarding the Convention and Visitor's Bureau, saying that it was merely an idea at this time but that the committee was looking at every possible way to increase cost effectiveness. Council Member Cooper and Council Member Colmenero echoed Mr. Chesney's sentiments. Council Member Kinnison, commented that he had voted against utility rate increases in the past, but the committee thought it was the best way to address the city's drainage problems. He said that the committee was going to try to find a better way of funding storm water improvements in the future. He commented that the citizen suggestion program has been useful in other communities. He pointed out that items #6 and #8 may raise some eyebrows, but he emphasized that the committee's goals was to question all operations to find cost-effective and cutting edge solutions. He emphasized that the tough decisions that the previous Council and this Council were making have resulted in a better financial picture for the city compared to other cities in the state. He noted that the committee's meeting were posted and open to the public, and they welcomed any and all input. Council Member Loyola thanked Mr. Kiunison for his leadership, and also thanked fellow committee members Mark Scott and Brent Chesney. He echoed Mr. Cbesney's sentiments regarding Minutes - Regular Council Meetin~ July 8, 2003 - Page 15 the difficulty of the decision to increase utility fees, but recognized the need for drainage improvements. He said that the improvements would benefit the entire community. He encouraged citizens and employees to participate in the suggestion programs. Council Member Scott thanked stafffor their work. Regarding item 8, Mr. Scott commemed that the suggestion to incorporate the CVB as a city department was not adversarial; rather, it was an attempt to realize savings to help them market the city. City Manager Noe said he would be speaking with the CVB about the p~ospect. Regarding item 6, Mr. Scott asked City Manager Noe when a report on the 1999 InternatiOnal Association of Chiefs of Police study would be ready. City Manager Noe replied that it would take about a month or two to provide a status report. He also remarked about the city's need to grow at a rate of 3% in order to maintain levels of service. He encouraged citizens to support the Council in their quest to revitalize the local economy, despite the downturn in the national economy. Council Member Chesney requested a copy of the 1999 International Association of Chiefs of Police study for his review. Council Member Garrett asked why there did not appear to be any improvement in the city's drainage problems even though it has been recognized as a problem for years. City Manager Noe replied that up until recently, there was no dedicated funding for capital improvements, so improvements were on a very small scale. However, the end result has been that this Council has made a commitment to make a major increase in the funding for storm water improvements, resulting in large scale improvements that will be noticeable. Mayor Neal asked City Manager Noe and Mr. Mark McDaniel, Executive Director of Support Services, to develop a plan to implement some of the recommendations, namely for items 1,2 and 9. City Manager Noe replied that items 1, 2, and 9 directly related to this year's budget, so the plan would be to fold those recommendations into the items coming before the Council on July 15 and July 22. He added that items 3 through 8 related to the work plan for future budgets, and he said staffwould work on a time schedule for implementation at, er'the budget break. Mayor Neal deviated from the agenda and opened discussion on item 27, a special budget presentation on the proposed FY 2003-04 Special Revenue, Internal Service and Debt Service Fund budgets. Before he began his presentation, Mr. Mark McDaniel, Executive Director of Support Services, thanked the Audit Committee for its work, saying that their recommendations were very prudent and would prepare the city for the future. First, under Special Revenue funds, Mr. MeDaniel noted that the hotel tax comprised the largest part of the expenditures of these funds. He reported that the hotel occupancy tax comprised the largest part of all visitors facilities fund revenues and the convention center comprised the largest portion of all expenditures for this fund. In summary, Mr. McDaniel stated that the hotel tax/visitor facilities funds were in a transition period due to the decline in visitor facility revenues and activities and the corresponding budget reductions. He said that staff was projecting a 2.5% increase in hotel tax receipts. He stated that staff was continuing enhanced funding to forward the Convention and Visitors Bureau marketing efforts. He said that the funding levels to outside agencies like the Corpus Christi Regional Economic Development Corporation, the Downtown Management District and MHMR would remain the same, with the exception of the skate park match for the Junior League. Mr. McDaniel said that the CVB contribution totaled $200,000 over their base contract Minutes - Regular Council Meeting July 8, 2003 - Page 16 amount, but the net amount they Were receiving over last year's budget was $34,000. Council Member Kiunison commented that ~he enhanced funding that the CVB was receiving this year was available in part be, cause the city h4d some reserve balances in the Visitors Facility Fund. He said that once this year s budget cycle Was complete, the reserve fund would basically be depleted. Ivlr. Kiunison remarked that revenues Were down for the convention center and the coliseum this year and growth was only projected at 2.~% for this year. Thus, Mr. Kinnison concluded that unless there was a significam increase in growth, it would be difficult if not impossible to continue with the enhanced funding to the CVB. C~uncil Member Scott added that it did not appear that the CVB board understood this, and he requested that they be informed in writing. In response to Mr. Scott s qgest~on, Mr. MeDamel said that much of the convention center s business comes from local events, and due to the construction these groups have to relocate. He said this was contributing to the downturn in bookings for the convemion center and coliseum. Council Member Scott questioned staff's growth projections, asking whether the 2.5% projection gibed with the 1% growth rate this year and the downturn in convention center bookings. City Manager Noe replied that the bookings at the cotavention center were down, but staff believed that the revenues could be made up with other business from hotels and other types of tourism. Mr. McDaniel added that the 1% rate was derived from last year's actual compared to this year's estimate. He said that staffhad budgeted for a 2% growth rate, which the city will achieve. Mr. McDaniel then repotted on the Crime Control and Prevention District fund. He said that sales tax was the major source of revenue for this fund, comprising 99%. He summarized that the major portion of expenditures Were allocated for funding 50 additional police officers, the continuation of the Juvenile AssesSmem Cemer and Juvenile Marshals programs, and the pawn shop detail program on a year to year basis. Regarding the other special revenue funds, Mr. McDaniel noted that the business and job development fund, the seawall sales tax and the arena sales tax were receiving almost identical levels of revenues, approximately 29%. He said that Reinvestment Zone #1 tax (Downtown & aquarium) and Reinvestment Zone #2 tax (Packery Channel) were also included in these funds. Regarding expenditures for these ftmds, Mr. McDaniel remarked that the seawall, the arena, and the baseball stadium reserve were debt,related payments. In summary, Mr. McDaniel said that the fiscal issues for the other special reserve funds included the sale of the arena and the initial Packery Channel (RIZ #2) debt in the current fiscal year. He noted that Reinvestment Zone #1 will expire in December 2004. He also reported that staff had also budgeted a full year of funding for Proposition 2 (business and jobs sales tax) initiatives, including the baseball stadium, affordable housing and business incentive programs for the creation of primary jobs. Council Member Scott remarked that there had been some discussion on privatizing the management of the convention center. City Manager Noe said that there had been some discussion with SMG to take over operations of the convention center. Mr. Noe said that he anticipated having an update on this matter for the Council after the budget break. Regarding imernal service fund expenditures, Mr. McDaniel commented that these funds support other city operations on a cost basis. He noted that Risk Management and Maintenance Services comprised the major portions of expenditures in these funds. In summary, Mr. McDaniel remarked that overall, the combined increase in expenditures of $337,631 for all internal service funds. The increase in the Risk Management fund was due to rising insurance costs for property and Minutes - Regular Council Meeting July 8, 2003 - Page 17 liability, workers compensation and group health insurance. In the maintenance service fund, Mr. McDaniel said that the match for the skate park was included in this budget. In addition, staff was budgeting higher fuel and parts costs this year. In the MIS fund, Mr. McDaniel said that Phase I of the Call Center was being budgeted,out of this fund, totaling approximately $261,000. He also said that the fund appeared to be growing larger than it should, but in reality the increase was due to the transfer of technical support staffeXisting in other funds. Council Member Garrett asked how the city had fared this year with its fuel Costs. Mr. McDaniel answered that budget for fuel was fine this year since fuel costs had gone down. Regarding the debt service fund, Mr. McDaniel reported the fiscal issues for this fund included declining general debt beginning in FY 2007-08. Other issues affecting this fired are the preparations for Bond 2004 and theFY 2003-04 Capital budget, which will come before the Council this fall. He said that the utility improvements were to be funded by commercial paper program and revenue bonds. Finally, Mr. McDaniel noted that the pending baseball stadium was not programmed yet but revenues were being placed into reserve for this purpose, at a projected cost of $20 million. He said that the Packery Channel issue of about $4.3 million in FY 2003-04. Council Member Colmenero asked about what was involved in the MIS fund transfers for technical support. City Manager Noe replied that staffhad consolidated a number of MIS-related functions from other departments into the central MIS function. Mr. Ogilvie Gedcke, Director of MIS, said that the transfer totaled about 21 positions. Mayor Neal asked staff and the Audit Committee to scrutinize all the city's debt issues to see if any debt could be reasonably refinanced to take advantage of the low interest rates. Ms. Lee Dumbald, Director of Finance, said that staff was meeting to discuss refinancing the debt for Choke Canyon. City Manager Noe added that staff also needed to take future debt issuances into consideration, checking whether a early issuance might realize savings. Mayor Neal called a fifteen minute recess. The Council returned from recess, and Mayor Neal referred to item 28, the public hearing on the FY 2003-04 Operating Budget. A motion was made, seconded and passed to open the public heating. Mayor Neal called for public comment of a general nature on the budget. Mr. J.E. O'Brien commented that the it was strange that the city appeared to lack funds to address its infrastructure needs, despite staff's claims that it was increasing its fund balances, realizing savings through its re-engineering efforts and increasing property values. He also said that he opposed the utility rate increases and supported the reinstatement of the Internal Audit department. Council Member Garrett made a motion to closed the public hearing, seconded by Council Member Noyola, and it passed. Council Member Kinnison commented that the Council and staff were scrutinizing both the expenditure side as well as the revenue side of the budget. He added that other communities were seeing far greater increases in their utility rates, primarily because, like Corpus Christi, they had an abundance of capital projects that they needed to finance and lacked other revenue sources. Council Member Kelly commented that the city does not set the appraised values of the property taxes; rather, the Appraisal District does. He noted that until more people owned property, they could not enjoy the benefits of increased property values. He remarked that staffwould be providing ! Minutes - Regular Council Meeting July 8, 2003 - Page 18 a report on the city's programs to i~crease home ownership on July 22. Mayor Neal opened discus process. City Secretary Chapa stal the possibility of holding a charte election. He asked for the Council for this election. He named two op wanted to address housekeeping is: be formed, staffed by the City M~ wanted a more in-depth review of~ Charter Revision Commission recommendations to the Council. committee members appointed b Mayor. He felt that a commissio provide substantial input. Mayo: Commission had been formed. C created around 1995. Mayor Neal for an in-depth review of the charte had outlined. He cited the need ft had impacted the charter, election sion on Item 33 regarding the Charter Revision election and ed that during the Council Retreat, the Council had mentioned r revision election in 2004 to coincide with a proposed bond s direction on the process they would like to employ to prepare :ions the Council could consider. First, if the Council primarily .ues in the charter, he suggested that a Council committee could lager, the City Attorney and himself. However, if the Council he charter, Mr. Chapa recommended that the Council appoint a [o work from September through next year and make te also recommended that the commission be comprised of two each Council member, and two Co-Chairs appointed by the this large would ensure a diverse, inclusive group that would ' Neal asked how long it had been since a Charter Revision ty Secretary Chapa replied that the last commission had been ;tated that he would like to follow Mr. Chapa's recommendation r, using a Charter Revision Commission appointed as Mr. Chapa r an in-depth review based on a number of court decisions that date issues and the need for staggered term limits. Council Member Kinnisonl asked what dates would be available for a charter election. Mr. Chapa replied that they would bei the uniform election dates, namely the first Saturday in May, September, November and the city council election date. Council Member Chesney asked why the in-depth charter revision was necessary. Mayor Neal replied that the citizens should have the opportunity to review the charter On a periodic basis. City Secretary Chapa reviewed the tentative time line to appoint the Commissio~a and make recommendations before the November election date. There were no comments from the audience. Mayor Neal made the following motion to accept Mr. Chapa's recommendations for a Charter Revision Commission, seconded by Council Member Garrett, and the motion passed unanimously. 33. MOTION NO. 2003-247 Motion authorizing the appointment of a Charter Revision Commission, consisting of 18 members (two members tO be appointed by each Council Member and two Co-Chairs to be appointed by the Mayor), with the charge of reviewing the current city charter and making recommendations to the City Council for possible amendments to be considered in an election in November 2004. Mayor Neal opened discussion on item 34 regarding the city's stop loss insurance for the health benefit plan. Mr. Keith McNeely with McGriff, Seibels and Williams Inc., reviewed the evaluation team's ranking of the four eligible proposals submitted. He noted that in order for stop Minutes - Regular Council Meeting July 8, 2003 - Page 19 loss carriers to accurately provide costs for coverage, the market requires the most up to date claims information possible. Thus, he said it was necessary to forward updated claims information to the proposers. He concluded that Humana was the highest ranking proposer for stop loss coverage in the evaluation matrix. Council Mrmber Scott asked what the city was paying now for stop loss insurance. Mr. McNeely replied that the current rate was $17.22 per employee for a total of $674,266, while Humana was quoting a price of $20 per employee for a total of $783,000. Council Member Scott observed that the city was going to be spending an additional $109,000 with Humana. Mr. McNeely replied affirmatively~ but added that the city would not have been able to retain that rate because of the current market. Mr. Scott asked if the current provider had submitted a bid. Mr. McNeely replied that they did submit a bid, but based on the updated claim information provided, they would not have been able to o~ffer the same price. Council Member Scott asked if the stop loss provider could be the same emity as the health insurance provider legally. Acting City Attorney Reining said that the city had contacted outside counsel on the matter, and they determined that although there was some risk but as long as all parties were fulfilling their obligations, there shouldn't be a problem. If there was a problem, Mr. Reining said there were legal actions that the city could take. City Manager Noe added that the substantial difference in cost overall of the program between Humana and the other proposals was so striking that it was worth the risk. Mr. McNeely added that large insurance companies are highly regulated by the government and Consumer laws in place would also protect the city. Mr. Scott remarked that the new Health Benefits Manager would be monitoring and auditing the contract. City Secretary Chapa polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 34. MOTION NO. 2003-248 Motion authorizing the negotiation of a one-year contract with four one-year renewal options between the City of Corpus Christi and Humana to provide excess stop loss insurance for the City's self-funded health benefit plan. Mayor Neal called for the City Manager's report. City Manager Noe reported that this Thursday, the South Central Area Development Plan Stakeholders Group would be meeting at 6:00 p.m. in the Sixth Floor Conference Room at City Hall. At 6:30 p.m., also on this Thursday, Mr. Noe reported that a follow-up meeting will be held on the Neighborhood Improvement Pilot Program for the Chula Vista area. Mr. Noe said that the Landry's proposal will be discussed next week, along with a presentation on the automated meter reading initiative, the first reading of the budget ordinance, and a presentation on the Neighborhood Improvement Program. Mr. Noe stated that the meeting on July 15 will start at noon. On July 22, Mr. Noe said that the agenda will feature the completion of the budget process, the desalination project, and the result of the affordable housing initiative for city employees. Finally, Mr. Noe said that staffwould be briefing the Council on the single room occupancy projects after the budget break. Mayor Neal said that on May 9, Mr. Chapa had provided the Council with a copy of the current Council policies. He said Mr. Chapa had recommended amending Section 3 regarding Minutes - Regular Council Meeting July 8, 2003 - Page 20 automobile use for business purpos Mayor Neal suggested amending 5 Council Chambers. He asked the C~ like to see. Mayor Neal also corn Whitworth, former Director of Par} to place the disability non-discrimi :s to update the current amounts the Council has been allotted. ection 5e to include a provision for the removal of hats in the ~uncil to provide feedback on any other amendments they would Dlimented staff for the memorial service for the late Mr. Dan and Recreation. Finally, Mayor Neal asked City Manager Noe aation ordinance on the agenda for discussion. Mayor Neal called for Council concerns and reports. Council Member Chesney asked for an update on the missing police dc~cuments. City Manager Noe distributed a memo on the issue, detailing new procedures to prote~t employee social security numbers and addresses. Council Member Cbesney asked if Mr. No~ thought these measures were sufficient to ensure that pemonal documents would be properly secured. City Manager Noe said that this change was a move in the fight direction, but staff was investigating the matter further. Council Member Chesney remarked that he hoped staff would develop Mth a standard regarding the protection of private information. Mr. Chesney also asked that City Manager Noe investigate claims that the recent pipeline rapture was due to water personnel incomp~:tence. Mr. Chesney announced that the next Town Hall meeting would be held on July 14 at Ethel !Eyerly Community Center at 6:00 p.m., hosted by himself and Council Members Scott, Cooper and Garrett. Mr. Chesney made reference to a letter from Mr. Torrey. Mr. Noe replied that staffhad met with Mr. Torrey and had received another, more detailed letter from Mr. Torrey. He said staffwould be providing a response. Council Member Chesney also asked that a method be found to inform residents in the Meadowbrook area about the drainage situation in their area. Finally, Mr. Chesney paid tribute to the late Mr. Dan Whitworth. Council Member Noyola asked for an update on an ordinance prohibiting citizens from selling animals on street comers. Assistant City Manager Jorge Cruz-Aedo said that the Animal Control Advisory Committee and; staff were currently reviewing the ordinance, and it probably would not be ready for Council consideration until September or October to also allow for community input. Council Member Noyola asked if the city was enfoming the smoking ordinance in place in restaurants. Assistant City Manager Cruz-Aedo replied that the Health department was charged with enforcing the ordinance, and said that they have not had to issue citations because issues were quickly resolved. COuncil Member Noyola said that he had received a constituent complaint about the resurfacing taking place at Home and Port. City Manager Noe said he would provide a written response. Finally, Council Member Noyola asked Ms. Cooper when the town hall meeting at Yeager was scheduled. Council Member Cooper replied that it was scheduled on September 8. Mr. Noyola asked that he be included in that town hall meeting. Council Member Colmenero asked Mr. Noe to look into a problem with street vendors who did not have permits. Mr. ColmenCro asked when some utility poles near Tarlton and Ayers that had been knocked down were going to be replaced. Mr. Colmenero also asked staff to look into requesting that the CVB add an ex-officio member fi.om the R.T.A. to its board. Finally, Mr. Colmenero asked for an update on the situation with the Southside League. Council Member Garrett asked for an update on the evaluation of the hospital zone on Alameda. City Engineer Angel Escobar said that the field investigation was scheduled to be completed by next week. He said that the Transportation Advisory Committee would review the results, and then they would be brought to the Council sometime in August. Mr. Garrett also asked about the manhole covers on the newly repaved road on Weber fi.om MeArdle to Staples. Mr. Minutes - Regular Council Meetin~ July 8, 2003 - Page 21 Escobar replied that staff has made arrangements to raise the manholes to street level. Council Member Cooper asked how much longer the city would be repaying Saratoga. Assistant City Manager Ron Massey said he would provide a response. Ms. Cooper gave her condolences to family of Mr. Dan Whitworth. Ms. Cooper also reported that she was impressed with the recreation centers she ha&seen in Colorado on a recent vacation. She asked staffto look into modeling our recreation centeis after these. Council Member Kelly asked if employee social security numbers were necessary on payroll checks. City Manager Noe replied lhat they would be blacking out portion of the number, but would also look into blacking out the entire number. Council Member Scott asked about notices for intent to lien on street assessments. City Engineer Escobar said that the city files a notice of intent once the assessment has been complete. Mr. Scott asked about fines for speeding, especially drag racing. Acting City Attorney Reining replied that a new law passed by the state legislature provides for the automatic suspension of a person's drivers license for one year if convicted of a drag racing offense. Mr. Scott asked that Commander Torres inform the Momingside Neighborhood association. Mr. Scott also took offense to statement made in a memo from Police Chief Alvarez that littering was inevitable during large events, saying that was unacceptable. Mr. Scott expressed concern about a letter regarding a code enforcement violator. City Manager Noe replied that the property in question was occupied, which made it more difficult to prosecute. He added that a new ordinance amendment will hopefully make situations like this easier to prosecute. Finally, he supported Mr. Colmenero's suggestion to add an ex-officio member from the R.T.A. to the CVB board. He said that Mr. Dan Whitworth would be missed. Mayor Neal asked the Municipal Court Committee to meet to discuss the new Environmental Court. He asked for a report on the city's enhanced efforts to prevent littering for the Fourth of July holiday. Finally, he said that the area around McGee Beach looked like a solid waste disposal site as a result of the renourishment project. He asked staffto maintain the area. Mayor Neal called for petitions from the audience. Mr. Phil Sensinger, 2006 Romford, spoke regarding motorcyclist safety on cily streets, especially Weber from McArdle Road to Gollihar, and he cited some recent accidents and fatalities. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:39 p.m. on JUly 8, 2003. ATTACHMENT A City Council Audit Committee Recommendations to City Council July 8, 2003 The City's property tax valuation4are now projected to be 1.7% higher than the amount currently used in the FY2003-04 Proposed Budget, generating approximately $900,000 more in additional General Fund revenues. When the certifie~t tax roll is received in late July, this figure may be even higher. We recommend that FY2003-04 sales and use tax revenue currently projected at a growth of three percent over the prior year be adjusted do~vnward by this same amount (less the amount to fund recommendation #2 below). This is recommended in light of the relatively flat growth in sales and use tax collections since January, 200 t. This conservative approach should help to minimize the lake mid-year expenditure adjustments to the budget should this probability of the City having to t sales tax trend continue. In the el Committee further recommends tl in late FY2003-04 as a reserve to budget. We recommend that $100,000 be FY2003-04 as a result of further submitted to the Council. The would lead to cost savings in exc~ ent that sales and use tax receipts actually come in higher, the [at the Council appropriate any additional sales and use tax revenue be used as a funding source for a specified item(s) in the FY2004-05 t>udgeted for operational performance reviews to be determined in *view by the Audit Committee with final recommendations sntion will be to identify departments/areas where such a review :ss of the amount of the performance review. We recommend that staff initiate ~ comprehensive review of fees and rates. This would provide necessary information to evaluat~ the fees and services the City currently has, as well as serve as a comparison for evaluating services and fees of other cities. We recommend the establishmenI of an employee suggestion program under which incentives are provided for employees who provide suggestions that result in cost savings by efficiency enhancements. Incentives would be funded through savings achieved. We recommend the establishing Of a citizen's suggestion program through utilization of the city website to solicit such informatio~. This type of program has been adopted in other cities and information gathered is used for * variety of purposes including operational enhancements and even bond program suggestions. We recommend that the 1999 study of the Police Department performed by the International Association of Chiefs of Police (iACP) be reviewed and that a status report on the implementation of study recommendations be provided. Items which have not been implemented should be implemented, or justification should be made for not implementing. We recommend that over the ne~qt year the Audit Committee review various City services and corresponding service levels proyided, with reports and any subsequent actions coming before the Council after such review has been completed. We recommend that the City rev!ew the option of restructuring the operations of the Convention & Visitor's Bureau (CVB) during the month of August, 2003. This review should seek to evaluate the cost savings and operational efficiency that could be achieved by the CVB becoming a City department while still keeping the current Board structure utilized for policy/operationaI issues. We recommend that utility rates for FY2003-04 be adjusted by six percent, with the amount generated by one more percent dedicated to funding an additional $10 million in drainage projects. This funding, when coupled with what is already programmed, would provide for a total of $55 million in drainage projects over the next five years. In light of current drainage needs as well as the planned 2004 bond election, we feel this would be the proper step to provide funding for these desperately needed improvements. 2 COMMISSION ON CHILDIgEN AND YOUTH - Six (6) vacancies with terms to 5-01-04 and 5-01-06 representing the following categories: 1 - At Large, 1 -Health, 1 -Youth Services, 1 - Legal, 1 - District Attomeyls Office, and 1 - Sheriff's Office. (Note: The Sheriffs Office ~ recommending the appointment of Detective Angle Rendon to represent the category of Sheriffs Office.) DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The con,mission shall consist of 14 members appointed by the City Council. One member shall l~e representative of each of the following fields: Health, Social Service, Religion, Legal, LaW Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative fi.om 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth thxough occupation or through association with community-based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS TERMS ORIGINAL APPTD. DATES Paula Rosenstein (At Large), Chairperson Mary Jackson (Social Services) *Rosa Balderas (At Large) Barry Abels (Religion) *Vicky Alexander (Health) Margaret Canales (Business) *Gloria Jackson (Youth Services) Drew Reining (Education) Liana Gonzales (At Large) Penny Grochow (Law Enfomement) *Lanren Ranly (Legal) John C.B. LaRue (Youth Rep.) *Melissa Madrigal (D.A.'s Office) **Lt. Vidal De la Cerda (Sheriff's Office) Capt. Tim Wilson (Police Off.) Dr. Philip Rhoades 5-01-04 12-10-96 5-01-05 10-14-97 5-01-03 7-11-00 5-01-04 5-15-01 5-01-03 2-12-02 5-01-05 2-12-02 5-01-03 1-11-00 5-01-04 2-12-02 5-01-05 6-11-02 5-01-05 7-09-02 5-01-03 3-19-02 5-01-04 5-15-01 5-01-03 2-12-02 5-01-04 2-12-02 Advisory 12-06-95 Advisory 8-16-94 *Seeking reappointment **Has exceeded the number of absences required by ordinance ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Rosa Balderas (At Large) 12 10 Vicky Alexander (Health) 12 11 Gloria Jackson (Youth Srvc.) 12 12 Lauren Ranly (Legal) 12 11 Melissa Madrigal (D.A.'s Ore.' 12 11 OTHER INDIVIDUAL EXPi Linch Avila % OF ATTENDANCE LAST TERM YEAR 83% 92% 100% 92% 92% IESSING INTERSERT Dean of Community Outreach, Texas A & M University- Corpus Christi. M.Ed. in School Principalship and Ph.D in Educational Administration. Member of the Arts and Cultural Commission, Women's Shelter Board and the Regional Leaders Forum. 64tLarge) (6-26-03) Angie Rendon Detective Sergeant, Nueces County Sheriff's Office. Activities include: The Child Fatality Review Team, Nueces County Children's Advocacy Center, Family Counseling Services, Nueces County Sheriff's Department Association and the Ladies Auxiliary of the Sheriff's Department. (Sheriffs Office) (7-11-03) Michelle D. Thomas Injury Prevention Coordinator, Driscoll Children's Hospital. B.S. in Kinesiology/Health Education from Texas A & M University - Corpus Christi. Received the 2001 Texas Department of Health Emergency Medical Services Citizen Award. Member of the Buccaneer Parade Safety Committee, Child Fatality Review Team, Coastal Bend Regional Advisory Council of Trauma, and the Corpus Christ Youth Alcohol Awareness Coalition. (Health) (6-20-03) Megan Welch Office Manager, Moffitt and Associates, Inc. BBA in Management from Texas A & M University - Corpus Christi. Member of the Society of the Advancement of Management and the Society of Human Resource Management. Volunteers with the American Cancer Society, Coastal Bend AIDS Foundation and Driscoll Children's Hospital. 64t Large) (4-25-03) bo CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD - Two 1(2)_ vacancies with terms to 7-3~-04 and 7-31-06 representing the following categories: air/ground transportation indush'y and 1 - Restaurant. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and pron~otional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information~ education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fitteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above members shall include personsl from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager and the Port of Corpus Christi Authority, or their designees, shall serve :as additional non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS Bert Quintanilla (At large), Chairman Dave Prewitt (Lodging), Vice-Chairman Brad Lomax (Restaurant) Govind Nadkami (At large) Jody Patel (Lodging) Bill Goin (Attractions) *Cristina Garza (Restaurant) *Victor Gonzalez (Transportation) Tom Schmid (Attractions) Bill Morgan (Lodging) Kevin Latone (At large) Linda Routh (At large) Tomas Duran (At large) John Trice (At large) Dan Viola (At large) Lillian Riojas (Port of Corpus Christi) Mayor City Manager ORIGINAL TERM APPTD. DATE. 7-31-05 02-22-00 7-3 !-05 06-12-01 7-31-06 02-22-00 7-31-06 02-22-00 7-31-05 02-22-00 7-31-05 02-22-00 7-31-06 02-22-00 7-31-04 02-22-00 7-31-04 02-20-01 7-31-04 05-16-00 7-31-06 07-08-03 7-31-04 02-22-00 7-31-06 12-10-02 7-31-04 02-22-00 7-31-05 05-08-01 Ex-Officio Ex-Officio Ex-Officio *Ineligible NOTE: Per the Convention.:and Visitors Bureau's agreement with the Cit~, the Board is required to submit more names than vacancies. Therefore, the Board is recommending Vangie Chapa (Transportdtion), Brent HinMe (Transportation), Bernard (BI) Seal (Restaurant) and Pat O'Boyl~ (Restaurant) for consideration. OTHER INDIVIDUALS EX Gloria C. Aguilar PRESSING INTEREST Self-employed tax consultant. Community activities include: Campfire Cfids VITA Coordinator for six years and Del Mar distribution for ten years. (At Large) (1-16- 0s) Linda Avila Dean of Community Outreach, Texas A & M University - Corpus Christi. M.Ed. in School Principalship and Ph.D in Educational Administration. Member of the Arts and Cultural Commission, Women's Shelter Board and the Regional Leaders Forum. (AtLarge) (6-26-03) J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (At Large) (11-15-02) Edna Balboa Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (At Large) (6-19-01) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Plus X Church, Literacy Council and Chamber of Commerce. (Restauran0 (2-16-00) Dale D. Berry Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (At Large) (1-24-02) Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. fi-om New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Vangie Chapa Irene Chavez J. Bradley Clarke N. Foster Edwards Eddie Gamez Al "Beto" Garcia Herbie Garcia, Jr. Northeastern State University, Tahlequah, Oklahoma. (At Large) (10-18-02) Customer Programs Manager, Regional Transportation Authority. B.S. and M.S. in Education from Texas A & I University - Kingsville. Activities include: Corpus Christi League of Women Voters, Hispanic Women's Network and Retired Teachers Association. (Transportation) (2-07-00) Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication from St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (At large) (6-04-02) Self-employed, Real Estate Sales. (AtLarge) (8-06-01) CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class XI. (At Large) (7-02-03) Refinery Accounting Superintendent, Valero Refining Company. B.B.A. in Accounting from Corpus Christi State University. Licensed C.P.A. since 1982. Community activities include: Leadership Corpus Christi Class 31, Valero Volunteer Council President, and former member of Crime Control and Prevention District board of directors. (At Large) (10-28-02) Retired lab technician, CPC Intemational. One of the founders of the Texas Jazz Festival, which promotes our city both nationally and internationally. Involved with the Texas Jazz Festival Society. (At large)(12-05-02) President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Work history includes Senior Planner with the City of Houston and Manager in Texas Governor's Office during the Ann Richards administration. (At large) (2-13-01) Mary Garrett President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industry. Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(7-02-03) Rudy Garza, Jr. Guadalupe Gomez Gary Groesbeck Self-employed - Real estate. B.B.A. fi.om Texas A&M - Corpus Christi. Member of the National Association of Purchasing Managers (At Large) (3-05-01) President, Laredo National Bank. B.B.A. in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council ofLaRaza. (~lt Large) (7-02-03) Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) (2-18-00) Thomas J. "Tom" Hallick Vice-President of Operations, Avis Rent A Car. Community activities include the following: SEA Board Member, Beefiest, Chamber of Commerce, and CCA State Board member. Recipient of the Volunteer of the Year Award fi.om Chairmanship of Kids Place Addition. (At large) (6-25-02) Laura Hemandez-Chapman Attorney-at-Law. J.D. fi.om Texas Wesleyan University School of Law; B.A. from Southern Methodist University. Volunteer activities include: Greater Dallas Hispanic Chamber of Commerce board of directors, City of Dallas Business Development Corporation board of directors and Dallas ISD Latino Advisory Committee member. (~It Large) (10-17-02) Sarah Hicks Account Executive, Blanton Public Relations. B.A. in Conununication Arts, Texas A&M University - Corpus Christi. Member of the Texas Public Relations Association, and the Texas Hill Countxy Wine and Food Festival Committee. (~lt Large)(4-09-03) Sandy Keiser Sales Manager, Thrifty Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (Transportation) (2-10-00) Robert T. Lacy, Sr. Retired Ford dealer - 31 years. Community Activities include the following: Board member of Crime Stoppers and Beautify Corpus Christi. Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (At large) (4-09-02) Randy Lara Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (7-02-03) Mary McQueen Marketing, Texas State Aquarim. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV. Past distinctions include the following: three award- winning advertising campaigns for Texas A&M-CC (1993- 99) and CCSU-USCC Student Leadership Award (1991). (7-02-03) (Attractions) Elaine Motl President/Owner, E.M. Marketing Company. Extensive experience as an event producer including the following: Executive director of Harbor Lights Festival, Race Producer of Allen Samuels Chevrolet Powerboat Shoot- Out, and Event Producer for the U.S. Open Windsurfing Regatta. Member of the Corpus Christi Rotary Club, International Festivals Association and the American Advertising Federation. Recipient of Race Course of the Year Award in 2000. (.,It large) (6-27-02) Anna Mercado-Flores President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) (At £arge)(3-02-02) Frank "Rocco" Montesano Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (7-02-03) Patrick J. O'Boyle Chief Operat'mg Officer/Partner - Coastal Deli Inc. (Jason's Deli). BBA in Management from Corpus Christi Corbett "Butch" Pool W. Mark Rand Z. Paul Reynolds Greg Salvo Marilyn K. Spencer Curtis Weidner Megan M. Welch State University. Activities include: President of the Coastal Bend Restaurant Association, Board Member of the Texas Restaurant Association, Chairman of the Jason's Deli Franchise Advisory Board and Board Member of the Texas A & M-Corpus Christi. (Restaurant) (7-02-03) Director of Domestic Operations, Neptune Fisheries. B.B.A. in Finance, Texas A&M University - Corpus Christi. Volunteers for Bayfest and the Junior League of Corpus Christi. (At large) (6-22-01) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member of American Advertising Federation and Ronald McDonald House. (/it Large) (2-16-00) Assistant Director of the University Center, Texas A & M University - Corpus Christi. Received B.Ed., University of Texas and M.S. Ed. and Ed.D., University of Pennsylvania. Activities include: Association of College Unions International, National Association of Student Personnel Administrators, Paths of Courage and GLSEN Finance Committee Member. (5-11-03) Sales and Marketing, Delta Restaurant Supply. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (At large) (7-02- O3) Director of Centers for Academic Success & Advising, Texas A&M University~Eorpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor force issues and local community consmer confidence. (At large) (12-05- O2) Case Manager, Communities in Schools. M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (At Large) (11-22-02) Office Manager, Moffitt and Associates, Inc. BBA in Management from Texas A & M University - Corpus Christi. Member of the Society of the Advancement of Management and the Society of Human Resource Management. Volunteers with the American Cancer Society, Coastal Bend AIDS Foundation and Driseoll Children's Hospital. (At Large)(4-25-03) STORM WATER MANAGEMENT. ADVISORY COMMITTEE - Eleven (11) vacancies with two-year terms to 6-30-05. (.4ppotnted by the Mayor with approval of the Council) DUTIES: The duties of the cgmmittee are to become familiar with the issues surrounding storm water management as well as the City's NPDES permit for storm water and to advise the Mayor and Council on these issues as i the City continues its implementation of the Storm Water Quality Plan. COMPOSITION: Eleven council to represent various co MEMBERS 1) members appointed by the Mayor with the approval of the nmunity interests. All members shall serve two-year terms. ORIGINAL TERM APPTD. DATE Hammonds, II, Chainman 6-30-03 *W. Greg Carter 6-30-03 *Robyn Cobb 6-30-03 *Dr. Hector Estrada 6-30-03 *Richard Haynes 6-30-03 *Claudia L. Lobell 6-30-03 *Henry Nuss 6-30-03 *Ed A. Lopez 6-30-03 *Leon Loeb 6-30-03 *Ted Stephens 6-30-03 *Dan Winship 6-30-03 8-24-99 8-24-99 8-24-99 10-08-02 7-10-01 8-24-99 8-24-99 10-08-02 7-10-01 8-24-99 8-24-99 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Willard Hammonds, II 1 1 100% W. Greg Ca~er 1 1 100% Robyn Cobb 1 1 100% Dr. Hector Estrada 1 1 100% Richard Haynes 1 1 100% Claudia L. Lobell 1 1 100% Henry Nuss 1 1 100% Ed A. Lopez 1 1 100% Leon Loeb 1 1 100% Ted Stephens 1 I 100% Dan Winship 1 1 100% OTHERS INDIVIDUALS E~PRESSING INTEREST Irene Chavez Assistant Director of Community Relations, Corpus Clar/sti State School. B.A. in Speech Communication from St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (6-04-02) Michael Cox Sr. Environmental Engineer, Valero Refining Co. B.S. in Chemical Engineering, University of Houston. Member of the United Way, Air and Waste Management Association, and American Institute of Chemical Engineers. (8-11-99) Ralph C. Geckle Chemist/Environmental Scientist. M.S. in Environmental Science and B.S. in Chemistry. 27 years experience as an Analytical or Environmental Chemist. Three years teaching experience in college level laboratory courses. Thorough understanding of qualitative and quantitative measures. (8-11-99) James A. Needham Coordinator of Programs, Texas A&M-Corpus Christi. Serves as a liaison between Texas A&M University System and South Texas business, industry, government, trade organizations and professional groups. B.S. and M.S. in Construction Management; Ph.D. in Architecture. Member of Local Emergency Planning Committee, United Way, Air Quality Committee and North Bay Community Advisory Committee. (6-13-01) Patrick D. Veteto President, RVE Inc. B.S. in Chemical Engineering from Texas A&M University - College Station. Member of the Chamber of Commerce Board of Directors and President of the Corpus Christi Chapter of American Society of Civil Engineers. (8-06-02) WATER RESOURCES .AI~.SORY COMMITTEE - Four (4) vacancies with two-year terms to 4-01-05 representing the following categories: 1 - Wholesale raw or treated water customer, 1 - Resident, 1 - L~rge Commercial Customer and 1 - Military facility. (Appointed by the Mayor with approval o[ the Council) DUTIES: To advise the Cit water resources management. refer matters to the committee COMPOSITION: Nine (9 Council for two-year staggere~ owner) of the City's water sys wholesale raw or treated wa representative of the Por~ Ind located within the city, 1- landscaping/nursery/horticul~ 1 - citizen at large. In additio as ex-officio member(s). Council, City Manager and Water Superintendent in matters of The City Council, City Manager and Water Superintendent may :o obtain their views. I members appointed by the Mayor with the approval of the terms. The members shall include 1 - residential customer (home Iem; 1 - large commercial customer of the City water system, 1 - :er customer of the City's regional water supply system, 1 - ~stries of Corpus Christi, 1 - representative of a school district representative of a military facility, 1 - representative of interest; 1 - representative of apartment owners associations and the Mayor may appoint one or two Council member(s) to serve MEMBERS *Carola Serrato (Wholesale lxealed), Chair *Kimberly Stockseth (Resident.), Vice-Chair *Jun Kiggans (Lg. commercial) Bob Kent (Port Industries) Dr. Karen G. Rue (School district) *Capt. Paula Hinger (Military facility) Herman Johnson, Sr. (Landscaping) Lena Coleman (Apt. Owners) Dr. Jane Stanford (Citizen at Large) Council Member Henry Garrett ORIGINAL TERM APPTD. DATE 4-01-03 2-12-02 4-01-03 2-12-02 4-01-03 2-12-02 4-01-04 2-12-02 4-01-04 11-12-02 4-01-03 10-08-02 4-01-04 2-12-02 4-01-04 2-12-02 4-01-04 10-08-02 Ex-officio, non-voting *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT No. OF MTGS. NAME ~HIS TERM Carola Serrato (Wholesale) 7 Kimberly Stockseth (Resident) 7 Jon Kiggans (Lg. Commemial) 7 Capt. Paula Hinger (Military fac.) 3 NO. PRESENT % OF ATTENDANCE LAST TERM YEAR 7 100% 6 86% 6 86% 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST * 1 - Residential (Homeowner) Kevin Betts Executive Director, Trinity Towers Retirement Community. Associate's degree from Columbus State College. Certified Assisted Living Manager in Texas. (Residential) (6-15-01) Paul B. Ostberg Plant Manager, Calpine Corporation. B.S. in Marine Engineering, Maine Maritime Academy. Currently serving on the Padre Little League Board of Directors. (ResidentiaO (3-17-03) Lawrence H. Wilk, M.D. Orthopedic Surgeon. B.S. in Psychology, University of Michigan; M.D., Orthopaedic Residency. Currently serving on Coastal Bend Health Facilities Development Corporation. (6-29-01) 1 - Large Commercial Michael Cox Sr. Environmental Engineer, Valero Refining Co. B.S. in Chemical Engineering, University of Houston. Member of the United Way, Air and Waste Management Association, and American Institute of Chemical Engineers. (Large commerciat) (9-10-01) 1 = Wholesale Raw or Treated water Pete Anaya, P.E. City Manager, City of Alice. Oversees the Alice Water Authority. B.S. in Civil Engineering, University of Texas at Austin. Member of the Alice/Jim Wells County Master Planners, Alice Economic Development Council and the Chamber of Commerce. (Wholesale raw water) (2-06-02) Jim Naismith Manager/District Engineer, San Patricio Municipal Water District. M.S. in Hydraulic and Sanitary Engineering and Bachelor's in Civil Engineering, Comell University. Member of the American Water Works Association, the American Society of Civil Engineers and the Portland Rotary Club. (Wholesale treated or raw water) (2-06-02) 3 coUNcIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three all terrain vehicles from Amigo Power Equipment, Edinburg, Texas in accordance with Bid Invitation No. BI-0119-03, based on low bid for the total amount of $28,198.50. The vehicles will be used by Water Department and are replacement upgrades to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY02/03. Purpose: These utlits will be used by the Water Department at the Wesley Scale Dam and Choke Canyon Dam to monitor and patrol the facilities. Due to the wet conditions encountered at the facilities, the department has upgraded the units to an all wheel drive, six wheel, all terrain vehicle that is very reliable in mud and sand. Bid Invitations Issued: Three Bids Received: Two Basis of Award: Low Bid Price Analysis: The City purchased a similar unit in 2001 for a unit price of $9,298.95. The current unit price is $9,399.50. Funding: Maintenance Services 550020-5110-40120 Items # 92, #93, & # 97 pMrr~Cchuar~m~enrres?GeC~"ne;a~'Services Manager $28,198.50 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0119-03 BUYER: ESTHER C. BARRERA SIX WHEEL, ALL WHELL DRIVE, AL VENDOR AMIGO POWER EQUIPMENT EDINBURG, TEXAS VICTORIA CYCLE SHOP/BOSART'E~ POLARIS VICTORIA, TEXAS TERRAIN VEHICLES QTY. I UNIT EACH EACH UNIT PRICE TOTAL PRICE $9,399.50 $28~198.50 $9,949.00 $29,847.00 4 coUNcIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of nine (9) submersible pumps ranging from 5 horsepower to 35 horsepower from Peeco, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0131-03 based on only bid for a total amount of $63,326. These pumps will be used by the Wastewater Department. Funds are budgeted by the Wastewater Department in FY 02/03. Purpose: These pgmps will be used at wastewater treatment plants and at various lift stations throughout the City. Bid Invitations Issued: Eleven Bids Received: One Basis of Award: Only Bid - When contacted, the remaining bidders indicated they do not distr!bute the type of pumps specified. The majority of existing submersiJble pumps in Wastewater lift stations are Flygt pumps. To maintain consistency in the pumping facilities, requirements are generally based on Flygt equipment. However, specifications did allow for other types ofpmnps to be bid. Funding: Wastewater Department 550040-4200-33120 75,000.00 Michae Procurement CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 07/07/03 Bid Invitation No. BI-0131-03 Submersible Pumps Buyer: Maria Garza BID ITEM 1, 2 3. DESCRIPTION 5 HP Pump 20 HP 35 HP QTY PEECO CORPUS CHRISTI, TX UNIT PRICE TOTAL $2,844.00 $5,688.00 6,584.00 32,920.00 12,359.00 24,718.00 TOTAL $63,326.00 5 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas for approximately 1,150,600 pounds of Sodium Hypochlorite Solution in accordance with Bid Invitation No. BI-0112~03 based on low bid for an estimated six month expenditure of $480,720.68 of which $40,060.06 is for FY02/03. The term of the contract will be for six months with an option to extend for up to four additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 02-03 and requested for FY 03-04. BACKGROUND: Purpose: This chemical will be used for disinfection of treated effluent and for hydrogen sulfide odor control at the five Wastewater Treatment Plants. Previous Contract: The option to extend the current contract was not exercised, because the Supplier was not able to maintain pricing. Bid Invitations Issued: Thirteen Bids Received: Two Price Analysis: Pricing has increased approximately 34%. The base chemical used to manufacture sodium hypochlorite is chlorine. Currently, the market for chlorine is very tight and the price has increased substantially since the last bid of 2001. Accordingly, staff is recommending a six month contract to allow the City to evaluate pricing in January of 2004 and rebid the contract in the event of a softening in the market. Award Basis: Low Bid Funding: Wastewater Tre~mentPlants 520010-4010-33100 520010-4010-33110 520010-4010-33130 520010-4010-33140 $5,625.00 26,860.06 5,625.00 1,950.00 Grand Total: $40,060.06 Procurement and General Services Manager 05/28/03 BID INIVITATION NO: BI-0112-03 SODIUM HYPOCLORITE SOLUTION BUYER: ESTHER C. BARRERA CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION iTEM DESCRIPTION 1 2 3 4 5 QTY BROADWAY TREATMENT 196,600 I PLANT OSO TREATMENT 572,200 lBS PLANT ALLISON TREATMENT 281,900 I~BS PLANT LAGUNA MADRE 86,700 EBS TREATMENT PLANT WHITECAP TREATMENT 13,200 I~BS PLANT DPC INDUSTRIES,INC. CORPUS CHRISTI, TX. UNIT TOTAL JNI' PRICE PRICE BS 0.4178 $82,139.48 0.4178 239,065.16 0.4178 117,777.82 0.4178 36,223.26 0.4178 5,514.96 ~.LTIVIA CORPORATION HOUSTON, TX. UNIT TOTAL PRICE PRICE 0.58 $114,028.00 0.58 331,876.00 0.58 163,502.00 0.58 50,286.00 0.58 7,656.00. TOTAL $480,720.68 $667,348.00 6 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of traffic signal equipment from the following companies for the follov~ing mounts, in accordance with Bid Invitation Nos. BI-0122- 03 and BI-0132-03, based on low Nd and only bid for a total mount of $225,401. Funds have been budgeted by thc Street Department in FY02/03. Control Technologies Inc. Sugarland, Texas Items 5 - 8 $102,085 BACKGROUND: Purpose: Texas Highway Products Paradigm Traffic Round Rock, Texas Ft. Worth, Texas Items I & 2 Items 3 & 4 $63,450 $59,866. Grand Total Award: $225,401 The t~affic signal equipment will be used by the Street Department's Traffic Signal Division for maintenance purposes at signalized inter~ections. Some of the equipment will be used to upgrade and enhmace the Staples, Airline, Ayers, Santa Fe and Shoreline traffic signal systems. The remainder of the equipment will be used as needed throughout the City for backup, replacement or upgrades for existing equipment that is at the end of its life span. Bid Invitations Issued: Ten Bids Received: Seven Pricing Analysis: Although the City has purchased similar traffic signal equipment in the past, technological advances in the industry, coupled with requffed system upgrades, prohibit staff from making a viable price analysis. Award Basis: Low lBid - Items 5, 6, 7 & 8 (BI-0122-03) Only Bid - Items 1, 2, 3, & 4 (BI-0132-03) The City initially issued Bid Invitation No. BI-0122-03 for all eight of the required items. However, due to the specialized nature of the equipment, no bids were received for the first four items of the bid. Therefore, Bid Invitation No. BI-0132-03 was subsequently issued to the two known distributors of the specified equipment with only bids received from each of the respective companies. Funding: Stree~ Department I {~ ~ '? 520130-1020-12310 Procurement & General Services Manager $225,401 BID INVITATION NO. BI -0122-03 Bid INVITATION NO. BI -0132-03 TRAFFIC SIGNAL EQUIPMENT BUYER: ESTHER C.BARRERA DATE: JULY 22, 2003 ITEM DESCRIPTION QTY UNIT Signal Head Modules US Traffic Corporation Santa Fe Springs, Ca. Unit Total Price Price 1 Eagle M50 TS Type 2 16 each $2,400.00 $38,400.00 Traffic Controller with 32 each Camera Multimode fiber optic 8 Video Dection System 5 each port No Bid 2 Eagle Master Traffic 6 each " " Controller with Muttimode " " fiber optic port " 3 Econolite ASC/2 TS 2 12 each No Bid No Bid Type 2 Traffic Controller 4 Econolite ASC/2 Master 5 each Traffic Controller 5 Countdown Pedestrian 40 each Signal Head Modules US Traffic Corporation Santa Fe Springs, Ca. Unit Total Price Price 6 MMU -Malfunction 12 each Management Unit $2,400.00 $38,400.00 7 Video Detection 32 each Camera No Bid 8 Video Dection System 5 each TOTAL AWARDS No Bid CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Texas Highway Products Corp. Round Rock, Texas Unit Total Price Price Paradigm Traffic Systems Ft. Worth, Texas Unit Total Price Price Control Technologies, Inc. Tomball, Texas Unit Total Price Price US Traffic Corporation Santa Fe Springs, Ca. Unit Total Price Price Traffic Parts Spdng, Texas Unit Total Price Price Naztec, Inc. Sugadand, Texas Unit Total Price Price Ken Bridges Audio Video Corpus Christi, Tx. Unit Total Price Price $2,400.00 $38,400.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 4,175.00 25,050.00 " " " " " " " " 1. No Bid No Bid 3,198.00 $38,376.00 " " 4,298.00 21,490.00 " " No Bid No Bid $270.00 $10,800.00 $328.70 $13,148.00 $381.25 $15,250.00 No Bid No Bid No Bid No Bid " 530.00 6,360.00 868.75 10,425.00 775.00 9,300.00 $650.00 $7,800.00 " " 1,275.00 40,800.00 No Bid No Bid No Bid No Bid No Bid No Bid $1,377.84 $44,090.88 " 8,825.00 44,125.00 1. 11 .1No Bid No Bid $63,450.00 GRAND TOTAL AWARD $225.401.00 $59,866.00 $102,085.00 7 II II III I CITY COUNCIL AGENDA MEMORANDUM I City Council Action Date: 7-15-03 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a thee-year (conting..e. nt on the funds being budgeted in FY 2004 - 2007) lease with Old Lipan, Ltd. for the fac, lity space to operate the Juvenile ASsessment Center, in the amount of $33,664.20 per year, which has been budgeted in the, 2003-2004 budget of the Corpus Christi Crime Control and Prevention District. ISSUE: The square footage of the Juvenile Assessment Center has been altered due to Court renovations, requiring a new and less expensive lease. This lease would begin on August 1, 2003 and is instead of the second option year on our old, more expensive lease. This reduction in square footage was done in a manner that in no way hinde, rs the Juvenile Assessment Center's ability to continue serving the et-risk youth and families of this community. The risk assessments, crisis intervention and comprehensive case management services that take place in this space continue be done effectively and continue to reduce cdme in our community. REQUIRED COUNCIL ACTION: Council action is required to authorize the three-year lease with Old Lipan, Ltd. for $33,664.20 per year for the facility space to operate the Juvenile Assessment Center. PREVIOUS COUNCIL ACTION: Council authorized a one-year lease with two one-year options with Durrill Properties (same people as Old Lipan, Lid.) for $45,322 on September 18, 2001. FUNDING: Available. CONCLUSION AND RECOMMENDATION: Staff recommends that Council approve the motion authorizing the three-yea~ lease with Old Lipan, Lid. for $33,664.20 per year for the facility space to operate the Juvenile Assessment Center. LTnda Hodge"~ - 0 Assistant Director of Programs Park and Recreation Department Attachments: Background Information Lease BACKGROUNDINFORMA~ON I Council authorized a one-year lease with two one-year options with Durrill Properties (same people as Old Lipan, Ltd,) for $45,322 on September 18, 2001 for the space to operate the Juvenile Assessment Center. Since then, the square footage of the Juvenile Assessment Center has been altered due to Court renovations, requiring a new and less expensive lease; only $33,664.20 per year. This new lease would begin on August 1, 2003 and is instead of the second option year on our old, more expensive lease. This reduction in square footage Was done in a manner that in no way hinders the Juvenile Assessment Center's ability to continue serving the at-risk youth and families of this community. The risk assessments, crisis intervention and comprehensive case management services that take place in this space continue be done effectively and continue to reduce crime in our community. Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 BASIC LEASE FORM Tl~RMS and DEFINITIONS 1. Parties: The parties to this l~ase are the owner of the Property Old Lipan, Ltd. ~CLandlord) and the tenant City ~f Corpus Christi - Juvenile Assessment Center 2. Leased Premises: Landlord leases to Tenant the following described real property, known as the "leased premises," along with all its improvements: Suite ~ containing approximately 2953 square fe~t of rentable area, located on the land known as 226 Enterprise Parkway, Corpus Christi, Nueces County, Texas , which is legally ~lescribed as N/A or [] as described on attached exhibit. "Properly means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks. The parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may included an allocation of common areas in the Property. 3. Term: A. Term: The term of this lease is 3~6 months, cc~mmencing on August 1~ 2003 and ending on July 31~ 2006. B. Delay of Occunancv: If Tenant is unable to occupy the leased premises on the Commencement Date because of coustmction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this leases will remain enforceable. In the event of such a delay, the Commencement Date will aUtomatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the term of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 30e~ day after the Commencement Date because of construction on the leased premises to be to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. ;4. Rent and Expenses: The total monthly rental for the premises will be $ 2,805.35. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent in the amount orS 2~805.35~ which will remain the same throughout the thirty-six (36) month lease. The first full base monthly rent is due on or before August 1, 2003. Prorate Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. C. Triple Net: Will be waived for the initial three year lease term. Place of Payment: Tenant will remit all amolants due Landlord under this lease to: 615 S. Upper Broadway Corpus Christi, tX 78401 or to such other person or at such other place as Landlord may designate in writing. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. Time is of the essence for the payment of rent. If Tenant fails to timely pay any amounts due under this lease of if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord may require Tenant to pay, in addition to any other available remedy, all amounts due under this lease by certified funds by providing written notice to Tenant. F. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within 10 days after the date rent is due, Tenant will pay Landlord a. late charge equal to 5% of the base monthly rent. The mailbox is not the agent for receipt for Landlord. The late charge is nol a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to eaercise remedies under Paragraph 20 plus $10 per day everyday not received. Initialed for Identification by Tenant: and , Landlord: ~_~ 2 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 G. Returned Checks: Tenant will pay $25.00 (not to exceed $25) for each check Tenant tenders to Landlord, which is not returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. Security Deposit: Upon execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $ 0 Landlord may apply the secuhty deposit to any am¢unts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant mast, within 10 days after receipt of notice from Landlord, restore the security deposit to the amouat stated. Within a reasonable time after this lease ends, Landlord will refund the security deposit to Tenant less any amounts applied toward amounts owed by Tenant. 6. Taxes: Unless otherwise agreed by the parties, Landlord will pay all real proper~y ad valorem taxes assessed against the leased premises. 7. Utilities: Tenant will pay all charges for the use pfall utility services to the leased premises and any connection charges except the following which will be paid by Landlord: electrical, gas, water & sewer. NOTICE: Tenant should determine if any and all n~cessary utilities (e.g., water, gas, electricity, telephone, sewer, etc.) are available to the leased premises, are adequate for Tenant's intended use, and the cost to provide the necessary utilities. A. During all times this lease is in effect, Tenant must maintain in full force and effect: (1). Public liability insurance from an insurer acceptable to Landlord in amount not less than N/A on an occurrence basis naming landlord as an additional insured; and (2). Personal property damage insurance for Tenant's business operations on the leased premises fi.om an insurer acceptable to Landlord. Before the Commencement Date, Tenant mast provide Landlord with a copy of the insurance certificates evidencing the required coverage. If the insurance coverage changes in any manner or degree at any time this lease is in effect, Tenant must provide Landlord a copy of an insurance certificate evidencing such change within 10 days of the change. Co If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect, Landlord may: (1) purchase such insurance coverage changes on behalf of Tenant and Tenant must immediately reimburse Landlord for such expense; or (2) exercise Landlord's remedies under Paragraph 20. 9. Use and Hours: Tenant may use the leased premises for the following purpose and no other: [] A. Tenant's Normal Business Hours: Tenant's normal business hours are (specify hours, days of week, and if inclusive or exclusive weekends and holidays): Tenant will keep the leased premises open substantially dining Tenant's normal business hours. [~ B. Building Operating Hours: The building in which the leased premises are located maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): N/A N/A If Landlord is to provide HVAC services to the leased premises under this lease, Landlord is obligated to provide the HVAC services only during the specified building operating hours. 10. Legal Compliance: A. Tenant may not use or permit any part of the leased premises to be used for: (1) Any activity which is a nuisance or is offensive, noisy, or dangerous; (2) Any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; Initialed for Identification by Tenant: __ and , Landlord: ~) 3 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 (3) Any activity that violates any app!icable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association roles, tenants' association mlas, Landlord's roles or regulation, or this lease; (4) Any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) Any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) The permanent or temporary storage of any hazardous material; or (7) ~N/A "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, local environmental law, regulation, ordinance, or role existing as of the date of this lease or later enacted. Landlord does not represent or warrant that the leased premises or Property conform to applicable mstrictious, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant [nust satis~ itself that the leased oremises may be used as Tenant intends by independently investigating all maters related to the use of the leased premises or Prooertv. Tenant a~rees that it is not relying on any warranty or representation made by Landlord, Landlord's agent, or any broker concerning the use of the leased premises or Prooertv. 11. Signs: Tenant may not post or paint any signs att on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sfign, and Tenant will promptly reimburse Landlord for any expense related to the removal of any unauthorized sign. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order retating to signs on ~e leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-ont and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Propexty or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures become property of the Landlord and must be surrendered to Landlord at the time the lease ends. 12. Access by Landlord: During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours with Tenant's permission or to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 60 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. Move-In Condition: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease. Landlord and any agent haye made no express or implied warranties as to the condition or permitled use of the leased premises or Property. 14. Move-Out Condition and Forfeiture of Tenant's Personal Property: At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, normal wear and tear accepted. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. Before this lease ends, Tenant will [] [] will not provide Landlord with a report, by an environmental engineer or assessor acceptable to Landlord, dated not earlier than 20 days before the date this lease ends that indicated that no hazardous material or other environmental hazard is on or affects the leased promises. Initialed for Identification by Tenant: __ and . , Landlord: ~ 4 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 B. If Tenant leaves any personal property in the leased premises ax~er Tenant surrenders possession of the leased premises Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs withoUt negligence, carelessness, accident, or abuse. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to th~Property or leased premises, any or all f~xtores that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrehdered to Landlord at the time this lease ends. 15. Maintenance and Repairs: Cleaning: Tenant must keep the leased gremises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. [~ Landlord ~ Tenani will provide, at its expense, five times a week janitorial services to the leased premises. Repairs and Conditions Caused by a P~b(: Each party must promptly repair a condition caused, either intentionally or negligently, by that party guests, patrons, irJvitees, and contractors or permitted subtenants. Repair and Maintenance Responsibility: E~cept as provided by Paragraph 15B, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises. The specified items must be maintained in: (i) clean condition; (ii) good repair; and (iii) operable condition. If a modification to any of the specified items is required; by law, or governmental regulation or order, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. N/A (1) Foundation, exterior walls, roof, and other stmciural components [] (2) Glass and windows [] (3) Fire protection equipment and fire sprinkler systems [] (4) Exterior & overhead doors, including closure devices, moldiag, locks and hardware [] (5) Grounds maintenance, including landscaping, and ground sprinklers [] (6) Interior doom, including closure devices, frames, molding, lacks & hardware [] (7) Parking areas and walks [] (8) Plumbing systems, drainage systems, electrical systems (including ballast and lamp replacement) and mechanical systems, those specifically designated otherwise, (9) Heating Ventilation and Air Conditioning (HVAC) systems (10) Signs (l 1) Extermination and pest control, excluding wood-destroying insects 02) Storage yards and storage buildings Landlord Tenant [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] __ and , Landlord: Initialed for Identification by Tenant: 5 of 10 Commercial Lease: Old Lipan - 226 Ente~rise - Corpus Christi, TX. 78469 (13) Wood-destroying insect neatment and repairs (14) Cranes and related systems (15) N/A (16) All other items and systems Landlord Tenant D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. HVAC Service ConWact: If Tenant is resp~>nsible to maintain the HVAC system, Tenant ~-~ is V~ is not required to maintain, at its expense, a regularly scheduled r~mtenance and service contract for the HVAC system. The ma'mtenance and service contract must be purchased fmra HVAC maintenance-company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required ItVAC maintenance and service contract in effect at all times duriag this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. If a modification to the common area is required; by law or governmental regulation, or order, Landlord will modify the item. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any blminess in the common areas or interfere with any other person's right to use the common ar~. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. Failure to Repair: Landlord must make ~ repair for which Landlord is responsible within a reasonable period of time atter Tenant provided Landlord writtan notice of the needed repair. If Tenant fails to repair or maintain, an item for which Tenant is responsible within 10 days after LandlOrd provides Tenant written notice of the needed repair or maintenance, Landlord may: (I) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. Alterations: Tenant may not alter, improve, or add to the Property or the leased premise without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable alterations, modifications, or improvements to leased premises. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's conscnt. If Landlord authorizes the changing, addition, or re-keying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices t0 Landlord. C. The Landlord agrees to comply with governmental orders requiring the alteration or modification to the leased premises for ADA compliance. Any alterations, improvements, fixtures, or additions to the Property or leased premises installed by either patty during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those f~xtures Landlord requires Tenant to remove under Paragraph 14 or if the parties agree otherwise in writing. 17. Liens: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after Landlord demands Tenant to Initialed for Identification by Tenant: __ and , Landlord: ~ 6 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Clu-isti, TX. 78469 take action to remove the lien, pay the lien, or take Whatever action is necessary to cause the lien to be released of record. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. lg. Liability: To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees, patrons, guests, or invitees for any damages, iniuries, or losses to person or property caused by: A. an act, omission, or neglect of: Tenant; Tenant's agent; Tenant's guest; Tenant's employees; Tenant's patrons; Tenant's invitees; or any other tenant on the Property; B. fire, flood, water leaks, ice, snow, hail, win~s, explosion, smoke, riot. Strike, interruption of utilities, theft, burglary, r0bberv. assault, vandalism, other persons, environmental contaminants, or other occurrences of casualty losses. 19. Indemnity: To the extent not prohibited by th~ laws of the State of Texas and the Texas Constitution, tenant will indanmify and hold Landlord harmless from any property damage~personal injury, suits, actions, liabilities, damages, cost of repairs or service to the leased premises or Property or any other loss caused, negligently or otherwise, by Tenant or Tenant's employees, patrons, guests, or invitees. 20. Default: If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. If landlord does not actually receive at the place designated for payment any rent due under this lease within 10 days afl;er it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. If Tenant is in default, Landlord may: (i) terminate Tenant's right to occupy the leased premises by providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable during the remainder of this lease or any renewal period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach. If Tenant is in default, Tenant will be liable for: (1) Any lost rent; (2) Landlord's cost of re-letting the leased premises, including brokerage fees, advertising fees, and other fees necessary to re-let the leased premises; (3) Repairs to the leased premises for use Ileyond normal wear and tear; (4) All Landlords' costs associated with eviction of Tenants, such as attorney fees, court cost, and prejudgment interest; (5) All Landlords costs associated with collection of rent such as collection fees, late charges, and returned check charges; (6) Cost of removing any equipment and trade-f~tures lefl on the leased premises by Tenant (7) Cost to remove any trash, debris, personal property, hazardous materials, or environmental containments left by Tenant or Tenant's employees, patrons, guests, o~r invitees in the leased premises or Property; and (8) Any other recovery to which Landlord may be entitled by law 21. Abandonment, Interruption of Utilities, Removal of Tenant's Property, and Lockout: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties wilh regard to: (a) abandonment of the leased premises (b) interruption of utilities; (c) removal of Tenant's personal property; and (d) "lock-out" of Tenant. 22. Holdover: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. To the extent not prohibited by the laws of the State of Texas and the Texas Constitution, tenant will indenmify Landlord and any prospecti,~e tenants for any and all damages caused by the holdover. Rent for any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. 23. Landlord's Security Interest: _ This lease is a security agreement for the purposes of the Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement. and , Landlord:~ Initialed for Identification by Tenant: 7 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 24. Assignment and Subletting: Tenant may not a~sign this lease or sublet any part of the leased premises without Landlord's whtten consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment of sublease is made with or without the of consent Landlord. 25. Relocation: By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended be amended. 26. Subordination: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) Any lien, encumbrance, or ground lease now or hereafier placed on the leased premises or the Propet~y by Landlord; (2) All advances made under any such lien, encumbrance, or ground lease; (3) The interest payable nn any such lien or encumbrance; (4) Any and all renewals and exteusiQns of any such lien, encumbrance, or ground lease (5) Any restrictive covenant affecting the leased premises or the Property; and (6) The rights of any owners' association affecting the leased premises or property. B. Tenant must, on demand, execute any instrument subordinating this lease us Landlord may request, provided that such subordination is made on the condition that, this lease and Tenant's rights under this lease are recognized by the lien- holder. 27. Estoppels Certificates: Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppels certificate that identifies: (a) when this lease commences and ends; (b) any amendments to this lease; (c) any rights that Tenant may have to extend this lease or purchase the Property or leased premises; (d) any default by Landlord; and (e) any other information reasonable requested in the certificate. 28. Casualty Loss: Tenant must immediately notify Landlord on any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or mere the 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. If the leased premises are less than 50% Unusable and Landlord can substantially restore the leased premise within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after tenant notifies Landlord of the Casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as betbre the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time requited, Tenant may terminate this lease. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because o~'a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. Initialed for Identification by Tenant: __ and , Landlord: ~ 8 of 10 Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469 29. Condemnation: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises are partially unusable for the purposes stated in this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has nO claim to such proceeds or award. Tenant may seek compensation bom the condemning authority for its moving expenses and damages to Tenant's personal property. 30. Attorney's Fees: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs of litigation from the non-prevailing party. 31. Representations: Tenant's statements in this l{ase and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign a lease. If Tenant makes any misrepresentalion in this lease or in any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: N/A N/A 32. Appropriation of Funds: This lease is subject to the budgetary process of the Tenant. If current revenue funds are not appropriated by the Tenant, the Tenant has the right to cancel this lease without penalty. If budget is approved and accepted near August 1 of every year and Tenant renews, Tenant is responsible for entire rent obligation for that option period. 33. Addenda: Incorporated into this lease are the addenda, exhibits, and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend fi.om time to time. 34. Agreement of Parties: A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non. enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free fi.om serious interference. H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lockout, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. Initialed for Identification by Tenant: __ and . , Landlord: ¢~) 9 of 10 Commercial Lease: Old Lipan - 226 Ente~rise - Corpus Christi, TX. 78469 1 35. Notices: Ail notices under this lease must be in writing and are effective when hand- delivered, sent by mail, or sent by facsimile transmission to: Tenant At the address of the leased premises Juvenile Assessment Center 226 Enterprise Pkwy, Suite 104 Corpus Christi, TX. 78405 Landlord at 615 S. Upper Broadway CorpusChristi, TX. 78401 Fax: with a copy to: City of Corpus Christi at Atm. Director, Park and Recreation Dept P.O. Box 9277 Corpus Christi, TX. 78469-9277 36. Special Provisions: The leased space consists of 2953 square feet and ~e all inclusive rent is based on $ .95/SF gross ($ .95 X 2953 = $ 2,805.35). Real estate brokers are not qualified to render legal advise, property inspections, surveys, engineering studies (e.g. studies of the structures, drainage, and soil conditions). ]Environmental assessments, tax advice, financial advice, or inspections to determine compliance with zoning, governmental regulations, or any law (e.g., ADA, Texas Architectural Barriers Statute, etc.). The parties should seek experts to render ~uch services. Selection of such experts is the responsibility of the parties and not the real estate broker. The terms of this leuse are negotiable among the parties. This is intended to be a legal agreement binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. L~ndl~ord - ~ - Date Tenant Date By As N/A for Landlord Tenant Date __ and , , Landlord: Initialed for Identification by Tenant: 10 of 10 8 CITY COUNCIL AGENDA MEMORANDUM July 10, 2003 AGENDA ITEM: Resolution authorizing the review of transmission and distribution rates of AEP Texas Central Company (Company); directing Company to file certain information with the City; setting a procedural schedule for the gathering and review of information; setting dates for the filing of the City's analysis and the Company's rebuttal; authorizing the hiring of legal counsel and consultants; requiring the reimbursement of rate case expenses; setting a public hearing to determine if the existing rates are unreasonable or in any way in violation of law and to determine just and reasonable transmission and distribution rates to be charged by Company ISSUE: The Texas Public Utility Commission established the current transmission and distribution rates of CPL now called AEP Texas Central approximately 18 months ago based on projected costs and a rate of return that does not reflect current cost of capital. Actual cost data now exists. Under Texas law, the City has original jurisdiction over transmission and distribution rates to ensure that rates are just and reasonable. Last month, the South Texas Aggregation Project Board of Directors recommended that a rate review procedure commence in the member cities to ensure that the current rates are reasonable under applicable regulations using actual data. The City's outside counsel has been in discussions with the lawyers for AEP, and they have a tentative agreement to expedite the proceedings and related proceedings before the PUC. REQUIRED COUNCIL ACTION: Approval of the Resolution PREVIOUS COUNCIL ACTION: None FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approve the Resolution. R. ~l,~y I~ining ~ Acting City Attorney RESOLUTION AUTHORIZING THE REVIEW OF TRANSMISSION AND DISTRIBUTION (T & D) RATES OF AEP TEXAS CENTRAL COMPANY (COMPANY); DIRECTING COMPANY TO FILE CERTAIN INFORMATION ("RATIE FILING PACKAGE") WITH THE CITY OF CORPUS CHRISTI; SE'DrING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY, INFORMATION; SETTING DATES FOR THE FILING OF THE CITY S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO THE ANALYSIS; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTANTS; REQUIRING THE REIMBURSEMENT OF THE CITY OF CORPUS CHRISTI'S T & D RATE CASE EXPENSES; SETTING PUBLIC HEARING TO DETERMINE IF THE EXISTING T & D RATES ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND TO DETERMINE JUST AND REASONABLE T & D RATES TO BE CHARGED WHEREAS, the City of Corpus Christi is a regulatory authority under the Public Utility Regulatory Act (PUP, A) and has original jurisdiction over the transmission and distribution rates of AEP Texas Central Company (AEP) to determine if such rates are just and reasonable; WHEREAS, Sections 36.003 and 36.151 of PURA empower a regulatory authority, on its own motion or on a complaint by any affected person, to determine whether the existing transmission and distribution rates of any public utility for any service are unreasonable or in any way in violation of any provision of law, and upon such determination, to determine the just and reasonable transmission and distribution rates; WHEREAS, the Texas Public Utility Commission established the current transmission and distribution (T & D) rates of Central Power & Light, now known as AEP Texas Central, approximately 18 months ago based on projected costs and a rate of return that did not reflect the current cost of capital; WHEREAS, the City Council of the City of Corpus Christi desires, on its own motion, to exercise its authority under Sections 36.003 and 36.151 of PUP, A; and WHEREAS, a procedural schedule should be established for the filing of a (T & D) rate filing package by AEP Texas Central Company, procedures to be followed to obtain and review information from AEP Texas Central Company, the filing of an analysis of such information by the City's staff and consultants, the filing of rebuttal information from AEP Texas Central Company, and a public hearing at which time the City shall make a determination whether the existing transmission and distribution rates of AEP Texas Central Company are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for AEP Texas Central Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCORPUS CHRISTI, TEXAS: SECTION 1. This resolution constitutes notice of the City's intent to proceed with an inquiry into the transmission and distribution rates charged by AEP Texas Central Company (Company). On or before twenty-one (21) days after the effective date of this Resolution, Company shall file with the City of Corpus Christi (City) information that demonstrates good cause for showing that Company's transmission and distribution rates should not be reduced. Specifically, Company shall file with the City information for the calendar year ending December 31, 2002, regarding AEP Texas Central Company's cost of service elements as detailed by the table included as "Attachment A" to this resolution, along with all associated workpapers. Company shall file the following information with the City on or before twenty-one (21) days after the effective date of this Resolution: The last two Annual Reports of Company and the memorandum (whether written or financial), reports, studies and evaluation, of Company's financial performance that may have been considered by Company's management and Company's consultants or attorneys in preparing these annual reports; the most recent 10-K and 10-Q filings at the Securities and Exchange Commission, and all operation and financial reports of Company provided to Company management or its parent company's management in 2002. Testimony need not be prepared, but a narrative description shall be provided sufficient to describe the information. In addition, Company shall file with the City revenues and expenses associated with the provision of street lighting service within the municipal limits of the City of Corpus Christi during 2000, 2001 and 2002. SECTION 2. City's designated representatives shall have the right to obtain additional information from Company through the filing of requests for information, which shall be responded to within seven (7) days from the receipt of such request for information. SECTION 3. City's designated representatives shall file their analysis of Company's filing and information on or before forty (40) days from the effective date of this resolution. SECTION 4. Company shall file any rebuttal to the analysis of City's representatives on or before fifty (50) days from the effective date of this resolution. With its rebuttal, Company may present whatever additional information it desires to defend its current rates. SECTION 5. A public hearing shall be conducted by the City Council for the City of Corpus Christi on September 9, 2003, during the regular council meeting scheduled to commence at 2:00 p.m. At the hearing a representative of AEP Texas Central Company shall be allowed to address the City Council and summarize previously filed reports for no more than 15 minutes. The City Council will also consider any written request or recommendation of Cities' consultants. If possible, the City will coordinate its review with other Cities taking similar action, including the holding of a jointly sponsored rate hearing. Based upon such hearing(s), a determination of the reasonableness of the existing rates of AEP Texas Central Company shall be made by the City Council and, if necessary, just and reasonable rates shall be determined to be thereafter observed and enfomed for all services of AEP Texas Central Company within the City of Corpus Christi, Texas. SECTION 6. The City Council may, from time to time, amend this procedural schedule and enter additional orders as m; the provisions hereof. SECTION 7. AEP Texas Central costs of attorneys and consultanl SECTION 8. Subject to the right Corpus Christi hereby authorizes Lloyd, Gosselink, Blevins, Roche consultants to review AEP Texas City of Corpus Christi in its raterr Public Utility Commission or cou~ ~y be necessary in the public interest and to enforce Company shall reimburse the City for the reasonable upon presentation of invoices by the City. to terminate employment at any time, the City of Geoffrey Gay and Steven Porter with the law firm of lie, Baldwin & Townsend and other qualified Central Company's existing rates and to assist the aking and to prosecute any appeals to the Texas SECTION 9. The City's obligation for costs of attorneys and consultants shall be limited to those amounts that are determined to be reasonable under PUPA. SECTION 10. The effective date~ of this Resolution is the date this Resolution is passed by the City Council of the City of Corpus Christi, Texas. SECTION 11. The City Secretary is directed to mail a copy of this Resolution to AEP Texas Central Company. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved: June 30, 2003 Lisa Aguilar~~t'') Assistant City Attorney for City Attorney 9 AGENDA MEMORANDUM July 8, 2003 SUBJECT: Cefe Valenzuela Landfill - TxDOT Advanced Funding Agreement Project No. 5036 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of · $16,000.00, for preliminary engineering; and · $900,000.00 for construction (subject to availability of funds). ISSUE: The drainage channel for the future Cefe Valenzuela Landfill crosses FM70 requires an agreement with the TxDOT. FUNDING: Funding is available from the Sanitary Landfill CIP Fund. RECOMMENDATION: Approval of the resolution as presented. ~cAngel R. Escobar, P.E. [')ate Director- Engineering Services Attachments: Exhibit A: Background Exhibit B: Location Map ~r~ctY~apl[ny Date or Solid Waste Services H:\HOME\KEVINS\G EN\LANDFILL\Vale nzuela\TxDOT~AdvFundAgrMemo.doc ADDITIONAL INFORMATION Background: Cefe Valenzuela Landfill has been a long term project and subject to many Council and administrative actions. The landfill is permitted and the City may proceed with construction When it desires. Construction contract documents, plans and specifications hav~ been completed subject to final review. Cefe Valenzuela may not a~ccept any solid waste until the drainage system is complete. This includes an off-site drainage channel that outfalls into Petrenila Creek. The route of the dratnage channel crosses FM70. TxDOT has reviewed the crossing plans, and is iagreeable to construction of the drainage culverts under FM70. An advanced funding agreement is necessary for TxDOT to proceed with letting the project. The timing of their process dictates that the agreement be signed at this time to ensure the culverts are in place when needed. Agreement: The agreement provides for the City to have the plans and specifications prepared in accordance with TxDOT's manuals and policies. The plans were completed and delivered to TxDOT. The State will let the project and inspect the construction of the culverts. The culverts consist of 4-10 ft. x 10 ftx 136 ft long structures. The project will include construction of a temporary detour, traffic control, and traffic barriers. The agreement requires the, City to pay $16,000 for preliminary engineering for the cost of TxDOT's review and processing of the plans. The City must also pay the estimated construction cost of $900,000 sixty days prior to TxDOT letting the project. The City is responsible 100% of the actual construction costs and any change orders. TxDOT will refund any excess funds after the project is complete. Exhibit A Page 1 of 1 1 \ Mproject ~ councilexhibits \ exhlonfM 70. dwg ! J.C. ELLIOTr NUECES F.M. 665 F.U. 26 COUNTY FN. 43 N PROJECT LOCATION PROJECT # 5038 PROJECT LOCATION MAP EXH£B£T "B" r CEFE F. VALENZUELA LANDFZLL TxDOT ADVANCED FUNDING AGREEMENT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of P/~GE: 1 DATE: 07/08/2003 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCED FUNDING AGREEMENT FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) GOVERNING THE CONSTRUCTION OF A PROPOSED DRAINAGE CULVERT ON FM 70 TOSERVE THE FUTURE DEVELOPMENT OF CEFE VALENZUELA LANDFILL IN THE AMOUNT OF $16,000 FOR PRELIMINARY ENGINEERING AND $900,000 FOR CONSTRUCTION (SUBJECT TO AVAILABILITY OF FUNDS). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or his designee is authorized to execute a Local Project Advanced Funding Agreement roi' Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM70 to serve the future development of Cefe Valenzuela landfill in the amount of $16,000 for preliminary engineering and $900,000 for construction (subject to availability of funds). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor ~. A~sistant City Attorney "For City Attorney APPROVED: ~ DAY OF ~'~'~.L~ ,2003 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22~ 2003 AGENDA ITEM: Item A: The City Manager, or the City Manager's designee, to submit a grant application to the Texas Department of Health in the amount of $87,979 for the elimination and control of tuberculosis in Nueces County. ISSUE: The Corpus Chdsti-Nueces County Public Health District requests City Council's consideration to submit an application to the Texas Department of Health (TDH) for a $87,979, one year, contract to fund the elimination and control of tuberculosis in Nueces County. This is a yeady continual contract. The funds will provide services to individuals who have tuberculosis or those who have a high dsk of developing tuberculosis. In 2002, a total of 3,247 residents in Nueces County were screened for tuberculosis. Of the 3,247 residents screened, 20 cases were identified. A total of 2,043 doses of directly observed tuberculosis medications were administered by Public Health staff. TDH expects the contract to begin on or about 01/01/04, and will be awarded for a 12-month budget period. REQUIRED COUNCIL ACTION: Approval to submit an interlocal contract application to TDH for the Federal FY2004. PREVIOUS COUNCIL ACTION: Council approved a grant contract for FY02-03. FUNDING: The Texas Department of Health awards eligible local Health Departments contracts to provide prevention control of tuberculosis. The funding available is $87,979. No match funding is required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the submission of an application to TDH to fund the elimination and control of tuberculosis in Nueces County. (Departr~er~'Head Signature) RESOLUTION AUTHORIZING THE CI~'Y MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMI~ A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF HE/~LTH IN THE AMOUNT OF $87,979 FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS IN NUECES COUNTY NOW, THEREFORE, BE IT RE CORPUS CHRISTI, TEXAS: SECTION I. The City Manager, a grant application to the Texas elimination and control of tuberc SECTION 2. The City Manager, agree to alter the terms and con the City. ATTEST: iOLVED BY THE CITY COUNCIL OF THE CITY OF or the City Manager's designee, is authorized to submit :)epartment of Health in the amount of $87,979 for the dosis in Nueces County. or the City Manager's designee, may accept, reject, Jitions, or terminate the grant, if the grant is awarded to THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROV~ED: 16th day of July, 2003. R. J~y~;~'eining (' Acting City Attorney Samuel L. Neal, Jr. Mayor R31306A1.doc 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2003 AGENDA ITEM: Item A: Resolution authorizing t[ Health District or the Director of ti designee to apply to the Depar $50,000 Grant for a demonstrati~ medical response systems. e Director of the Corpus Christi - Nueces County Public me Corpus Christi- Nueces County Public Health District's :ment of Health and Human Services for a three-year, )n project to supplement existing community emergency ISSUE: The Corpus Christi-Nue~,es County Public Health District requests City Council's consideration in granting approval to submit a request for proposal (RFP) for a Cooperative Agreement Demonstration Project for the Medical Reserve Corps, Citizens Corps, USA Freedom Corps, a grant from the Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science, Office of the Surgeon General. This grant will provide funding to governmel3t entities and community-based organizations under the terms of a cooperative agreement. The cooperative agreements will facilitate the start up of Medical Reserve Corps (MRCD units. The MRC unit is intended to supplement existing community emergency medical response systems as well as contribute to meeting the public health needs of the community throughout the year. This unit should help provide additional response capacity dluring the initial hours following an emergency before assistance from other outside agencies may arrive. REQUIRED COUNCIL ACTION: Approval to submit the request for proposal for a Cooperative Agreement DemonStration ProJect for the Medical Reserve Corps, Citizens Corps, USA Freedom Corps. PREVIOUS COUNCIL ACTION: None FUNDING: The Office of the Surgeon General anticipates making 120 awards of up to $50,000 to new applicant communities in fiscal year 2003. Continuation of funding is available for second and third year. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the request for proposal for a Cooperative Agreement Demonstration Project for the MRC, Citizens Corps, USA Freedom Corps. (Dep~rtme~ I-I~ad Signature) A RESOLUTION AUTHORIZING THE DII~ COUNTY PUBLIC HEA CORPUS CHRISTI - NU DESIGNEE TO APPLY T~ SERVICES FOR FIRST. RENEWAL GRANT SUPPLEMENT EXISTI ECTOR OF THE CORPUS CHRISTI - NUECES .TH DISTRICT OR THE DIRECTOR OF THE ECES COUNTY PUBLIC HEALTH DISTRICT'S ;) THE DEPARTMENT OF HEALTH AND HUMAN YEAR FUNDING OF A $50,000, THREE-YEAR OR A DEMONSTRATION PROJECT TO ~IG COMMUNITY EMERGENCY MEDICAL RESPONSE SYSTEMS. BE IT RESOLVED BY THE Cl'r[Y TEXAS, THAT: COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. The Director of th~ Corpus Christi - Nueces County Public Health District or the Director of the Corpus Cl~risti - Nueces County Public Health District's designee is authorized to apply to the Department of Health and Human Services for a three- year, $50,000 grant for a demonstration project to supplement existing community emergency medical response systems. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED AS TO FORM: ~-day of July, 2003. Eliza/~th R. Hundley' J/ Assistant City Attorney ~ for the City Attorney H:\LEG -DIR\ellzabet h~D ept Files\EH Resolutions~Hres 133 wpd 12 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2003 AGENDA ITEM: Item A: Resolution authorizing tl~e Director of the Corpus Christi - Nueces County Public Health District or the Corpus Christi - Nueces County Public Health District's designee to submit a grant application to the Texas Department of Health for a one-year, $204,750 grant to provide additional personnel and supplies for the continued provision of immunization services. ISSUE: The Corpus Christi-NueCes County Public Health District requests City Council's authorization to submit an interl0cal application for Immunization Services to the Texas Department of Health (TDH). This grant is a renewal grant for immunization services provided through the Health Department. The Grant period is January 1, 2004 through December 31,2004. These grants are available to Health Departments in Health Districts within the state of Texas to provide immunization services. This project supplies a safety net for those who may not have any other means of receiving these services. In addition to the $124,000 received in previous years, the Health Department is requesting additional personnel and supplies due to an increase in services provided. An additional nurse and a clerical support staff are necessary to fulfill these needs. The amount being requested is $204,750 for the additional staff and supplies needed to meet the needs of the public. REQUIRED COUNCIL ACTION: Authorization to submit an interlocal application for continuation of Immunization Services from the Texas Department of Health. PREVIOUS COUNCIL ACTION: This grant was previously an annual renewal of funds. FUNDING: Continuation of funding to provide immunization services for the 2004 year. No matching funds are required. CONCLUSION AND RECOMMENDATION: Recommend City Council to authorize the request for an interlocal application for the continuation of immunization services. (Departmen~"H~ad Signature) ~ PROPOSED IMMUN~Z&TION SALARI'ES Senior Public Health Nurse- (2) LV~ I Staff Assistant LVN I (proposed) Staff Assistant (proposed) TOTAL GROUP INSURANCE HOUSEHOLD SUPPLIES OFFICE SUPPLIES lVHI,EAGE SELF I~S. ALLOCATION TOTAL GRANT BUDGET FY 2004 (City #830103) $38,607 48,726 16,311 23,599 15,340 $142,583 $27,661 $21,102 $4,244 $1,415 $2,348 $5,397 $204,750 A RESOLUTION AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT OR THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT'S DESIGNEE TO SUBMo' A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF HE/~LTH FOR A ONE-YEAR, $204,750 GRANT TO PROVIDE ADDITIONAl_ PERSONNEL AND SUPPLIES FOR THE CONTINUED PROVISION OF IMMUNIZATION SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Director of th~ Corpus Christi - Nueces County Public Health District .or the Director of the Corpus Christi - Nueces County Public Health District's designee ~s authorized to submit a grant ~ppiication to the Texas Department of Health for a one- year, $204,750 grant to providei additional personnel and supplies for the continued pro- vision of immunization services, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor O, VED AS TO FORM: ~)1~ day of July, 2003. Eliz~",~th R. I~un~lley / ' Assistant City Attorney for the City Attorney 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2003 AGENDA ITEM: ! Item A: Resolution authorizing t~e Director of the Corpus Christi - Nueces County Public Health District or the Director of tl~e Corpus Chdsti - Nueces County Public Health District's designee to apply to the Texas [Department of Health for a one year renewal contract to fund the elimination and control of tuberculosis in Nueces County in the amount of $149,797. ISSUE: The Corpus Christi-Nue( consideration to submit an appl $149,797, one year, contract to f~ es County Public Health District requests City Council's cation to the Texas Department of Health (TDH) for a ind the elimination and control of tuberculosis in Nueces County. These funds will provid, services to individuals who have tuberculosis or those who have a high risk of contractir ~9 tuberculosis. TDH expects the contract to begin on or about 09/01/03, and will be awa~ ded for a 12-month budget period. REQUIRED COUNCIL ACTION: Approval to submit an interlocal contract application to TDH for the State FY03-04. PREVIOUS COUNCIL ACTION: Previous Council actions were funding cuts in travel FY02-03. FUNDING: The Texas Department of Health awards eligible local Health Departments contracts to provide prevention control of tuberculosis. The funding available is $149,797. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the submission of an application to TDH to fund the elimination and control of tuberculosis in Nueces County. (Departl~ent Head Signature) July 1, 2003 Corpus Chfisti-Nueces County Public Health District Attn: Ardys Boosts'om, M.D., Public Health Director P.O. Box 9727 Corpus Ckfisti, Texas 78469 Contract Interlocal Appl Dear Dr. Bonstxom: The Texas Department of Health (TDH) 371 for fiscal year (FY) 2004. This letter is a ~ and Evaluation/Assessment (Service De Measures) for review, clarification if nece issued to your agency. The deadline for TI Covering the escalating costs of tuberculo: adjustment ia our Tuberculosis Program's budgets arise later in FY 2004, notifica Attachment action. However, at this tin purchases; 2.) software and funaiture purcl speaker fees, advertisiag, and stipends, considered only for training that is directl Your new budget for tuberculosis general Please submit your new Financial Assistan If you have any questions, need additiona contact Mrs. Cynthia Lewis, Program Sp~ by e-mail at cyathia.lewis~,tdh.state.tx.ua ication Process for Fiscal Year 2004: ~ Elimination Division (TBED) is initiating the contract application process minder that the TBED requires each TB Program to submit an annual Plan ivery Plan, Detailed Budget Justification, and Targeted Performance ssary, and approval. This must be completed before any contract can be ,ED to have received these plans, ia our office, is July 18, 2003. is medications and remaining within available resources will require some ~udget. TBED assures your agency that, should a need to reduce program ion of needed changes will occur prior to implementing any contract e we have decided that non-essential items, such as: 1.) all equipment ases; 3.) books, periodicals, pamphlets, membership fees, registration fees, ust be excluded from your agency's FY 04 budget. Exceptions will be ~ssential to the provision of good patient care and TB prevention. ,'venue funds for FY 2004 will be $149,797.00 for Financial Assistance. :e budget ia the amount of $149,797.00 information, or would like the attached Guidelines electronically, please :ialist, Tuberculosis Elimination Division, at (512) 458-7111 ext. 3452 or Sincerely, Brian Smith, M.D., M.P.H. Regional DLr~ctor Public Health Region 11 cc: Charles E. Wallace, Ph.D., M.P.R, Director, Tuberculosis Elimination Division Cynthia Lewis, Program Special~st, Tuberculosis Elimination Division Sylvia Garces-Hobbs, Deputy R{gional Director, Public Health Region 11 Pat Otto, R.N., TB Program Manager, Corpus Christi-Nueces Co. Public Health District Attachment: 1 ! I A RESOLUTION AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT OR THE DIRECTOR OF T.H,E CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT S DESIGNEE TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HEALTH FOR A ONE-YEAR, $149,797 RENEWABLE CONTRACT TO FUND1 THE ELIMINATION AND CONTROL OF TUBERCULOSIS IN NUECES COUNTY. BE IT RESOLVED BY THE cIT~ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Director of theI Corpus Christi - Nueces County Public Health District or the Director of the Corpus Ch!isti - Nueces County Public Health District's designee is authorized to apply to the Texas Department of Health for a one-year, $149,797 renewable contract to fund the elimination and control of tuberculosis in Nueces County. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED AS TO FORM: ~)'~'--day of July, E~za~Y~ R..un(Jley I ~ Assisffa'nt City Attorney for the City Attorney 2003. 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: 4 Amending Sections 55-1 0 through 55-148 of the Code of Ordinances, City of Corpus Christi, Regardlng Commercial and Industrial Waste Disposal and Pretreatment. ISSUE: The Commercial and Industrial Waste Disposal and Pretreatment Ordinance incorporated technically !based local limits (TBLLs) for pollutants that must be periodically updated. REQUIRED COUNCIL ACTION: Revise Ordinance Sections 55-140 through 55-148 to incorporate revised TBLLs (55-141(d)) and minor re~/isions throughout the Sections. PREVIOUS COUNCIL ACTION~ TBLLs were last revised with the June 1, 1993, adoption the current Ordinance. FUNDING: The revisions requested will not affect current funding levels or require additional funding. CONCLUSION AND RECOMMENDATION: Staff recommends revisir~g the current ordinance as presented. Foster Crowell Director of Wastewater Department B AC I The City, in accordance with th Elimination System (TPDES) pe Quality (TCEQ), is required to re' TBLLs are numeric limits that a treatment processes or pass th~ plants, twelve commercial lift sta pollutants. These pollutants of further developed into TBLLs. G evaluation and calculations. TI" review. [.GROUND INFORMATION ~ requirements of the City's Texas Pollutant Discharge mits issued by the Texas Commission on Environmental flew and update Technically Based Local Limits (TBLLs). )ply to discharges to the sanitary sewer that may upset ough to the environment. All six wastewater treatment ions, and twelve domestic lift stations were monitored for concern and other pollutants required by TCEQ were ~vind E. C., Inc. was contracted by the City to perform the e TBLLs package was then submitted to the TCEQ for The TCEQ has reviewed the TBLLs package and determined it to be complete and acceptable. Once the City Cour~cil has approved and adopted the Ordinance, the City will submit a request for approval o4 a substantial permit modification. The request will open the TPDES permits for further Public participation. After the public participation process and incorporation into the TPDES permits, TBLLs become federal, state, and local law. AN ORDINANCE AMENDING ARTICLE XI. COMMERCIAL AND INDUSTRIAL, CHAPTER 55, UTILITIES, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING DISPOSAL AND PRETREATMENT OF COMMERCIAL AND INDUSTRIAL WASTE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-140(b/of the Code of Ordinances is revised to read as follows: "Sec. 55-140. General ProvisiOns. "(b) Administration. Except as otherwisei prov ded herein, the w,. ...... .............. ;'-*'-'-,~..* Director shall administer, implement andl enforce the provisions of this article. Any powers granted to or duties imposed uPOn the suf)erk,,tende~Director may be delegated by the ~,. ........... nt Director to other city personnel." SECTION 2. Section 55~140(c) of the Code of Ordinances is amended by deleting the definitions of "storm sewer or storm water system," "superintendent or wastewater superintendent;" by revising the definitions of "approval authority," "authorized representative of the industrial user," "corrosive waste," "new source," "normal sewage," and "publicly owned treatment works;" and by adding definitions of "Director or Director of Wastewater Operations," "industrial user or user," and "Texas Commission on Environmental Quality" to read as follows: "Sec. 55-140. General Provisions. "(c) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. "Approval authority means regional administrator of the U.S. Environmental Protection Agency, the Texas Water Commission upon delegation of federal authority, or the Texas Natural Resource Conservation Commission upon delegation of federal authority, or successor agency delegated such authority.the Director in an NPDES (National Pollution Discharge Elimination System) Stat~, with an approved State pretreatment program and the appropriate Regional 2 Administrator in a non-NDES State or NPDES State without an approved State pretreatment pro,qram. "Authorized representative of the industrial user means: "b. The ma operation f~ "(2) If the industria authorized repres( or proprietor, resp~ lager of one (1) or more manufacturing, production, or cilities; user is a partnership, or sole proprietorship, an ntative shall mean a general partner, managing partner, ;ctively; "(3) If the industrial user is a federal, state or local governmental facility, an authorized rep!esentative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the go~/ernment facility. "(4) The individuals described in subdivisionsv._....v.,v,..~"~'-""*;--"- ....~ . An/..~/=~. ...~v~a. through c. abeve~f this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the '"'~o+ ..... * ........ ~'-*^'-'~"* ' ............... ,. .............. D~rector of Wastewater Operations. "Corrosive waste means any character of waste, whether liquid, gaseous or solid, which can cause actual physical damage or destruction to any public storm drain or sanitary sewer the POrTVV or which prevents or materially retards treatment of sewage in the sewage treatment plant. "Director or Director of V~astewater Operations means the person designated by the City Manager to superv se the operation of the POTVV, and who is char.qed R33608B2.doc 3 with certain duties and responsibilities by this article, and includes the Director'.~ authorized representative. "lndustda/user or user means a source of an "indirect dischar,qe," as defined by 40 CFR 403.3(h). "New source means: "(1) Any building, [structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act Which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: "a. The building, structure, facility or installation is constructed at a site at which no other source is located; or "b. The bulilding, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or "c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be consideredi. "(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of ........... w, ...... ,v, .... subd~ws~on (1) of this definition directly above but otherwise alters, replaces, or adds to existing process or production equipment. "(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: "a. Begun, or caused to begin as part of a continuous on site construction program R33608B2.doc 4 "1. Any placement, assembly, or installation of facilities or equipment, or exca facili insta "b. Entere¢ facilities or operation w contracts w loss, and c( do not cons "Normal sewage means ~ average of not more thar gallons (two hundred fifty thousand eighty-five (2,0 mg/I) of biochemical oxy.( hundred eighty-seven (4, (562) m.q/I) of chemical o a sanitary sewer under tt "Publicly owned treatme/ ',ignificant site preparation work including clearing, zation, or removal of existing buildings, structures, or ies which is necessary for the placement, assembly, or ilation of new source facilities or equipment, or into a binding contractual obligation for the purchase of ,~quipment which are intended to be used in its ithin a reasonable time. Options to purchase or 3ich can be terminated or modified without substantial ,ntracts for feasibility, engineering, and design studies titute a contractual obligation under this paragraph. ;ewage, which when analyzed, shows by weight, a daily two thousand eighty-five (2,085) pounds per million (250) rog/I) of suspended solids~ and not more than two 35) pounds per million gallons (two hundred fifty (250) en demand and not more than four thousand six 987) pounds per million gallons (five hundred sixty-two <y.qen demand, and which is otherwise acceptable into e terms of this article. 't works cr P© .~/./means a "treatment works" as defined by Section 212 of the Ac~(33 U.S.C. 1292), which is owned by the state or municipality. This definitipn includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyahces which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for theioperation and maintenance of the treatment works. R33608B2.doc 5 "Texas Commission on Environmental quality means the Texas Commission on Environmental Quality, or an authorized representative of the Commission." SECTION 3. Section 55-140(c) of the Code of Ordinances is designating the abbreviations as a new subsect on (d) of Section 55-140. "Sec. 55-140. General Provisibns. "(c) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, ishall have the meanings hereinafter designated. "(d) Abbreviations. The following abbreviations shall have the designated meanings:" SECTION 4. Section 55-140(d) of the Code of Ordinances is amended by deleting the abbreviation for "TWC" and adding the abbreviation "POTW" and "TCEQ" to read as follows: "Sec. 55-140. General Provisions. "(d) Abbreviations. The following abbreviations shall have the designated meanings: "POTVV - publicly owned treatment works "TCEQ -- Texas Commission on Environmental Quality" ".'P.~!C Te×~s W~ter Ccmm!ccio,-, SECTION 5. Section 55-141(a) of the Code of Ordinances is amended by revising paragraphs (12), (13), (15), and (19) to read as follows: "Sec, 55-141. General sewer use requirements. "(a) Prohibited Discharge Standards. * * * R33608B2.doc 6 "(12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by ~he su~Director in compliance with applicable federal, state (~r local regulations. "(13) Stormwater, surfac{ subsurface drainage, swi noncontact cooling water specifically authorized b "(15) Any medical waste super4RteRde~Director i water, ground water, artisan well water, roof runoff, ~ming pool drainage, condensate, deionized water, and unpolluted industrial wastewater, unless the su~Director. except as specifically authorized by the a wastewater discharge permit. "(19) Any wastewater which has a reasonable potential for adversely ,a, ffecting the PO'IW's operation a~ determined by the ~Director. SECTION 6. Section 55-141 (d)~ of the Code of Ordinances is revised to read as follows: "Sec. 55-141. General sewer Use requirements. "(d) Specific Local Pollutant Lirditations. "(1) The following pollutahts limits are established to protect against pass through and interference. No per,on shall discharge wastewater containing in excess of the following maximum allowable discharge limits. "0.634 mg/I -- arsenic "0.018 mg/I -- cadmium "~.d52 2.980 mg/I -- chromium, total "0.350 0.350 mg/I -- copper "(N364--0.130 mg/I -- cyanide "0.511 mg/I -- lead R33608B2.doc 7 "0.053 0.000 mg/I -- mercury "1,100.00 mg/I ~- phenols "! .~.~ 0.590 mg/I -- nickel "0.072 0.050 mg/I -- silver "1.476 mg/l--zinc "(2} Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentraltions for metallic substances are for "total" metal unless indicated otherwise. For mercury, compliance will be measured at the minimum analytical level (MAL) or 0.0002 milligrams/liter (mg/I). At his discretion, the ~Director may impose mass limitations in addition to or in place of the concentration based limitations above." SECTION 7. Section 55-142 of the Code of Ordinances is amended by revising subsections (a), (b), (c), and (e) to read as follows: "Sec. 55-142. Pretreatment of wastewater. "(a) Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in section 55-141(a) above within the time limitations specified by the EPA, the state, or the su~ Director, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this article. "(b) Additional Pretreatment Measures. "(1) Whenever deemed necessary, the su~.cr!,qtc,",dc,qt Director may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this article. "(2) The~ Director, in his discretion, may require each person discharging into the POTW greater than twenty-five thousand (25,000) gallons per R33608B2.doc 8 day or greater than five (5) per cent of the average daily flow in the POTVV, to install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization iof flow, the design and regulation of which shall be d~rected by th.. ~..~. ........... l" Director. A wastewater discharge permit may be issued solely for flow equaliz~ation. "(3) Grease, oil and sand intE VI, section 13-201 et seq., of be modified or amended. "(4) Industrial users with the required to install and maint~ "(c) Accidental Discharge/Slug ( any industrial user to develop ar At least once every two (2) year each significant industrial user n develop and implement an acci¢ which addresses, at a minimum "(1) Description of discha "(2) Description of stored "(3) Procedures for imme discharge. Such notificati violate any of the prohibil rceptors shall be provided in comportment with article this Code, as such provision stands and may hereafter )otential to discharge flammable substances may be in an approved combustible gas detection meter. :ontrol Plans. The supcri,",te.-.de,qt Director may require d implement an accidental discharge/slug control plan. ; the super4RteF~m~Director shall evaluate whether 9eds such a plan. An~' ~rial user required to ental discharge/slug control plan shall submit a plan the following: 'ge practices, including nonroutine batch discharges. chemicals. :liately notifying the POTW of any accidental or slug 3n must also be given for any discharge which would 9d discharges in section 55-141(a) of this article. "a. Telephone Notices. At minimum, such plan shall require the user to immediately telephon~ and notify the POTW of an accidental or slug discharge. Such verbal notice shall include location of discharge, type of waste concentration and volume, and corrective actions. "b. Written Report. Within five (5) days following an accidental discharge, the user shall submit to tl~e city a detailed written report describing the nature and cause of the discharg~e and the measures to be taken by the user to prevent similar future occurrehces. Such notification shall not relieve the user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed by this article or other applicable law, "c. Notice to Employees. As part of the accidental discharge protection plan, the Director may reqgire a notice to__sh=!! be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures. R33608B2.doc 9 "(4) If necessary, procedures l;Zreeeetures-to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. "(e) Hauled Wastewater. Septic tank waste may be accepted into the POTW at a designated receiving structure Within the treatment plant area at such times as are established by the-c~f~~ Director, provided such waste disposal is made in compliance with article XIII, section 55-160 et seq., of this Code, and does not violate any provision of section 55-141 of this article or any other requirements of the city." SECTION 8. Section 55-143 of the Code of Ordinances is revised to read as follows: "Sec. 55-143. Wastewater discharge permit eligibility and issuance process. "(a) Wastewater Survey. Wheni requested by the supericC~.=~ler~-Director all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The ~Director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the article. "(b) Requirement. "(1) It shall be unlawful for any significant industrial user to discharge wastewater into the city's POTW without first obtaining a wastewater discharge permit from the cupcr!,",tc,",dcnt Director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in section 55-146. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law. "(2) The ~Director may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article. R33608B2.doc 10 "(d) New Connections. Any sigr recommence discharging indust discharge permit prior to the bec. application for this wastewater ( prior to the date upon which am "(e-)-(d) Application Contents. "(1) In order to be consk users required to have a' information required by s~ Director shall approve a f "(2) In addition, the follow ificant industrial user proposing to begin or iai wastes into the POTVV must obtain a wastewater inning or recommencing of such discharge. An scharge permit must be filed at least ninety (90) days discharge will begin. ~red for a wastewater discharge permit, all industrial vastewater discharge permit must submit the ;ction 55-144(a)(2) of this article. The supcr!nt~ndent ~rm to be used as a permit application. ing information may be requested: "(1) a. Descriptioq of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility whicl) are, or could accidentally or intentionally be, discharged to the POTVV. "(2) b. Number and type of employees, hours of operation, and proposed or actual hours of operation of the pretreatment facility. "(3) c. Each product produced by type, amount, process or processes, and rate of production. "/A~,., d. Type and amount of raw materials processed (average and maximum per day). "(,~)-e. The site plans, floor plans, mechanical and plumbing plans, and details to show allisewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. "/~.,/__f. Time and duration of the discharge. "(7) .q. Any other information as may be deemed necessary by the ~Di~'ector to evaluate the wastewater discharge permit application. "(3) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. R33608B2.doc 11 "(f) (e) Application Signatorfes and Certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user. .... I certify under penalty of law that this document and all attachments were prepared under my !direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information Submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information~the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties fbr submitting false information, including the possibility of fine and imprisonment for knowing violations." "(g) LO_Decisions. The ~Director will evaluate the data furnished by the industrial user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the cupcr!ntc.-.dcnt Director will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied, unless the superim~m~%m~Director notifies ~he applicant that the time frame for decision has been extended due to need for additional evaluation time. The ~Director may deny any application for a wastewater discharge permit. "(h) (.q) Duration. Wastewater dlischarge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the-~ Director.. Each wastewater discharge permit will indicate a specific date upon which it will expire. "(i)-(h) Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the ~Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. "(1) Wastewater discharge permits must contain the following conditions: "a. ^ statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. "b. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. "c. Effluent limits applicable to the user based on applicable standards in federal, state, and local law. R33608B2.doc 12 "d. Self monitorilng, sampling, reporting, notification, and record keeping requirements, all expenses for such requirements to be paid by permittee. Thesffrequirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type bas~ed on federal, state, and local law. "e. Statement for violation of pr applicable comp for compliance law. "f. Permittee a incurred by the "1. Attorn~ ot applicable civil, criminal, and administrative penalties 9treatment standards and requirements, and any iance schedule. Such schedule may not extend the time ~yond that required by applicable federal, state, or local ees to indemnify and pay the city for the following costs ity, in the event of a user's permit violation: ?s fees; "2. Costs f(pr any and all laboratory and investigation expenses; · enalt~s and fines ~ncurred by the c~ty to the federal and state governments arising from violation of any of the city's discharge permits as a result of permittee's violation(s). "g. Requiremen~ permittee immediately notify the POTW in the event of a failure of pretreatment facility or pretreatment equipment. "(2) Wastewater discharge permits may contain, but need not be limited to, the following: "a. Limits on the average and/or maximum rate of discharge, time of discharge, and/dr requirements for flow regulation and equalization. "b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollUtants or properties. "c. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. "d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. "e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. R33608B2.doc 13 "f. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTVV. "g. Requirements for installation and maintenance of inspection and sampling facilities and equipment. "h. A statement that compliance with the wastewater discharge permit does not relieve ~the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit. "i. Other conditi~)ns as deemed appropriate by the Director to ensure compliance with this article, and state and federal laws, rules, and tegulations. "~r)-i~_)_Appeals. Any person, including the industrial user, may petition the city manager to reconsider the terms of a wastewater discharge permit within t-~teen (15) days of its issuance. "(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. "(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. "(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. "(4) If the city manager fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final action for purposes of council review. "(5) Aggrieved parties may appeal to the city council, which appeal shall be perfected by filing a sworn notice of appeal with the city secretary within fifteen (15) days from the city manager's final decision or deemed denial. "(k) ~j)_Modification. "(1) The eut~winteRde~lDirector may modify the wastewater discharge permit for good cause including, but not limited to, the following: "(1) a. To incorporate any new or revised federal, state, or local pretreatment standards or requirements. R33608B2.doc 14 "(2) b. To address significant alterations or additions to the industrial user's operation, ~rocesses, or wastewater volume or character since the time of wastewater discharge permit issuance. "(3) c. A change in the POTW or in treatment demands of the POTW that requires either atE mporary or permanent reduction or elimination of the authorized dischar ;~e. "(4)-d. Informatior indicating that the permitted discharge poses a threat to the city's PO-I-V~, city personnel, or the receiving waters. "/~../'~... Violation ol any terms or conditions of the wastewater discharge permit, or violation of city ordinance pertaining to waste treatment. "(6) f. Misrepresel ~tations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting. "(7) .cl. Revision oi or a grant of variance from categorical pretreatment standards pursuar t to 40 CFR 403.13. "(8) h. To correct ypographical or other errors in the wastewater discharge permit. "(~-i. To reflect a~ransfer of the facility ownership and/or operation to a new-~wner/operatpr. "(! 0) i. User's dis(~harge has caused the POTW to violate federal or state permit requiremer~ts. "(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. "(j-)-(k) Transfer. "(1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days advance notice to the ~Director and the ~Director approves the wastewater discharge permit transfer. The notice to the ~ Director must include a Written certification by the new owner and/or operator which: "(1) a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes. "(2) b. Identifies the specific date on which the transfer is to occur. "(3) c. Acknowledges full responsibility for complying with the existing wastewater discharge permit and assuming the liabilities thereof, including R33608B2.doc 15 joint and several responsibility with the former permittee for pending or unresolved notices of permit and ordinance violations. "(2) Unresolved allegations of permit and ordinance violations and/or unpaid indemnity obligations, fines, or penalties owed by the permittee shall be grounds for the sut~cintendeRt-Director'_s denial of permit transfer. The c-"~.c;!~tc,-.dcnt Director, in his discretion, may deny transfer of a permit when such grounds are present. "(3) Failure to provide ad~/ance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. "/~'~,,,~ q_~_Revocation. "(1) Wastewater discharge permits may be revoked for the following reasons: "(1) a_.Failure to notify the city of significant changes to the wastewater prior to the changed discharge. "(2) b__.Failure to Provide prior notification to the city of changed condition pursuant to section 55-144(e). "(3) c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application. "(d) d. Falsifying Self-monitoring reports, or withholding of information material to such reports. "(5) e. Tampering with monitoring equipment. "(6) f. Refusing to allow the city timely access to the facility premises and records. "(7) g. Failure to meet effluent limitations. "(8) h. Failure to pay fines, penalties, or indemnification obligations. "(9)-i.~_Failure to pay sewer charges. ,,~4~,~/n~ LFailure to meet compliance schedules. "(11) k_.~_Failure to complete a wastewater survey or the wastewater discharge permit application. "(12) k__Failure to provide advance notice of the transfer of a permitted facility. "(13) m. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the article. R33608B2.doc 16 "/~'~,,, n. Failure to hotify the POTVV of a failure in pretreatment facility or equipment. "(2) VVastewater discharg~ permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. "(n) (m) Reissuance. A significa~nt industrial user shall apply for wastewater discharge permit reissuance by submitting~ complete wastewater discharge permit application in accordance with section 55-143(e) a minimum of sixty (60) days prior to the expiration of the industrial user's existing Wastewater discharge permit. "(n) Regulation of Wastes Recei~,ed from Other Jurisdictions "(1) If another jurisdictionI or user located within another iurisdiction, contributes wastewater to the POTVVl The Director shall enter into an inter local cooperative agreement with the contrlbutin.q iurisdiction. "(2) Prior to entering into ~an agreement required above, the Director shall request the fol ow n.q nformation from the contributinq jurisdiction: "a. A descriptioq of the quality and volume of wastewater discharged to the POTVV by the contributing jurisdiction; "b. An inventory;of all users located within the contributing jurisdiction that are dischar.~in.q to the City of Corpus Christi POTVV; and "c. Such other ir~formation as the Director may deem necessary." SECTION 9. Section 55-144 of the Code of Ordinances is amended by revising subsections (a)(2)e.3., (a)(2)h., (b), (d), (e), (f)(2), (f)(4), (g), (j), (k)(1), (I), and (n) to read as follows: "Sec. 55-144. Reporting requilrements. "(a) Baseline Monitoring Reports. "(2) The industrial user shall submit the information required by this section including: "e. Measurementof pol/utants. R33608B2.doc 17 "3. Sampling must be performed in accordance with procedures set out in section 55-144(-I-)(k). "h. Baseline monitoring reports. All baseline monitoring reports must be signed and certified in accordance with section 55-143(f) e~). "(b) Compliance Schedule Progress Report. The following conditions shall apply to the schedule required by section 55+144(a)(2)g. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and Operation of additional pretreatment required for the user to meet the applicable pretreatrnent standards (such events include hiring an engineer, completing preliminary and final !plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). The time frame for progress increments shall not exceed nine (9) months between increments. Preapproval of the cuper!ntendcnt Director must be secured for the increment performance schedule. The industrial user shall thereafter submit a progress report to the ~Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress as preapproval by the ~ Director, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the~ Director. "(d) Periodic Compliance Reports for All Significant Users. "(1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the su~Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with section 55-143(f).(9). "(e) Report of Changed Conditions. Each industrial user is required to notify the super4RteRdeRt-Director of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change. "(1) The ~Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 55-143(e). R33608B2.doc 18 "(2) The sut~cic~lec~ecto_r may issue a wastewater discharge permit under section 55-143(~) or modify an existing wastewater discharge permit under section 55-143(4)2. "(3) No industrial user sh~il implement the planned changed condition(s) until and unless the ~Director has responded to the industrial user's notice. "(4) For purposes of this I greater and the discharge deemed significant. "(f) Reports of Potential Problerr "(2) Within five (5) days waived by the~uf~wk~w~ the cause(s) of the disch; to prevent similar future industrial user of any exp incurred as a result of da~ aquirement, flow increases of ten (10) per cent or of any previously unreported pollutants ...... may be ~llowing such discharge, the industrial user shall, unless ~ Director, submit a detailed written report describing ~rge and the measures to be taken by the industrial user ccurrences. Such notification shall not relieve the .~nse, loss, damage, or other liability which may be nage to the POTW, natural resources, or any other damage to person or prol ~edy; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article. (4) The Director may require a A-notice ...... to be permanently posted on the industrial user's bulletin ~oard or other promin~nnt place advising employees whom to call in the eventiof a discharge described in section 55-144(0(1), above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are aUvised of the emergency notification procedure. "(g) Reports from Nonsignificant Industrial Users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate, reports to the city as the supcri,-,te,-,de,-,t Director.may require. "(j) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with tlte techniques prescribed in 40 CFR Part 136 and amendments to that part, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 and amendments to that part dees-do not R33608B2.doc 19 contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. "(k) Sample Collection. "(1) Except as indicated in section 55-144(k)(2), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques at the specififfd or permitted discharge point. In the event flow proportional sampling is ipfeasible, the ~Director may authorize the use of time proportional s~ampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. "(I) Determination of Noncompliance. The "..upcr!,",tc.",dc,".t Director may use a grab sample(s) to determine noncompliance with pretreatment standards. "(n) Record Keeping. Industrial users shall retain, and make available for inspection and copying, all records and infermation required by this article for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the~ Director." SECTION 10. Section 55-145 of the Code of Ordinances is amended by revising subsections (a), (b), and (c) to read as follows: "Sec. 55-145. Compliance monitoring. "(a) Inspection and Sampling. Authorized representatives of the City, State, and Federal governments :Fhe~ity-shall-have the right to enter the facilities of any industrial user during hours of plant operation or during times in which discharge is made to the POTW's collection system to ascertain whether the purpose of this article, and any permit or order issued hereunder is being met and whether the industrial user is complying with all requirements thereof. Minimally, the city shall inspect on an annual basis the premises of each significant industrial user and shall take at least one (1) sample from each significant industrial user each year. Industrial users shall allow the superic~mde~Director or h!s tt~e Director's representatives ready access to all parts of the premises for the purposes (~f inspection, sampling, records examination and copying, and the performance of any additional duties. "(1) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and federal R33608B2.doc 2O agencies will be permitteU to enter without delay, for the purposes of performing their specific responsibilities. "(2) The city, state, and fl industrial user's property, necessary to conduct sar "(3) The city may require necessary. The facility's., at all times in a safe and own expense. All devices calibrated (at the user's e Director to ensure their a "(4) Any temporary or industrial facility to be ins the industrial user at the' and shall not be replaceC industrial user. "(5) Unreasonable delay.~ user's premises shall be ~deral agencies shall have the right to set up on the or require installation of, such devices as are lpling and/or metering of the user's operations. the industrial user to install monitoring equipment as ;ampling and monitoring equipment shall be maintained ~roper operating condition by the industrial user at its used to measure wastewater flow and quality shall be xpense) as deemed necessary by the ~u~.cr!ntcndcnt ;curacy. manent obstruction to safe and easy access to the ~)ected and/or sampled shall be promptly removed by vritten or verbal request of the ~Director The costs of clearing such access shall be born by the in allowing city personnel access to the industrial violation of this article. "(6) Hours of operation olthe plant and times during which the plant is making discharge to the POTVV's~ collection system shall be deemed reasonable hours for entry of c~ty inspectors for the purposes of this sect on. "(b) Search Warrants. Pumuant-te-Under Article 18.05, Texas Code of Criminal Procedure, if the ~Director has been refused access to a building, structure or property or any parlj thereof, and if the superintendent-Director has demonstrated (1) probable cause to believe that there may be a violation of this article and (2) that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance With this article, or any permit or order issued under this article, to protect the overall public health safety and welfare of the community, then upon application by the city attolrney, through the code enforcement official, the municipal court judge of the city shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched andlor seized on the property described. Such warrant shall be served at reasonable hours by the cupcdnt~nd~nt Director in the company of a uniformed police officer of the city. Hours during the user's plant operation or during user's discharge to the POTW'si collection system shall be presumed reasonable hours of access. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. "(c) Confidential Information. In,formation and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities, shall R33608B2.doc 21 be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the superirK~le,,~Director that the release of such informa~tion would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES Program or pretreatment program, and in enforcement proceedings involving the persc~n furnishing the report. Any request for confidentiality must be clearly asserted in writit~g at the time the report is submitted. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction." SECTION 11. Section 55-146 of the Code of Ordinances is amended by revising subsections (a), (b), (c), (d), (e), (f), (g), (j), and (k) to read as follows: Sec. 55-'146. Enforcement. "(a) Notification of Violation; Administrative Remedies. Whenever the ...... ~-'+~'--~-'"* Director finds that any user has violated or is violating this article, a wastewater discharge permit or directive issued hereunder, or any other pretreatment requirement, the ~_~. .............. Director or his agent may serve upon said user a written notice of violation and direction for remedial action plan. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the ~_~. .............. Director. The s~Director may prescribe in the notice of violation and direction for remedial action plan, the minimal compliance actions and responses required of the violator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation and directive for remedial action plan. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation and directive for remedial action plan. "(b) Meeting Prior to Enforcement Action; S'-'F.c.d.".tc.".dc.".t'g Director's Discretion. The cu~.c;!:te.".d9.".t Director, at h!s the Director's discretion, may direct any user which causes or contributes to violation(s) of this article, wastewater discharge permits, or directives issued hereunder, or any other pretreatment standard or requirement, to appear before the super-intender~Director to show why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the meeting. Such notice may R33608B2,doc 22 be served on any authorized representative of the user. Whether or not the user appears as directed, immediate ~enforcement action may be pursued following the hearing date. Such meeting shall not be a required prerequisite for taking any other action against the user. / "(c) Discontinuances of Sewer a finds that a user has violated or permit or fails to timely respond hereunder, or any other pretreat to the user responsible for the di within twenty-four (24) hours. If 1 twenty-four (24) hours, sewer se su~Director's discrel requirements to address the nor management practices designee sewer. A compliance directive rr for a federal or state pretreatme~ directive release the user of liab Issuance of a compliance directi other action against the user. ~d Water Sen/ice. When the cupcd,-.te,-,de,-,t Director ;ontinues to violate the article, wastewater discharge o a directive for a remedial action plan issued nent standard or requirement, he may issue a directive scharge directing that the user come into compliance he user does not come into compliance within rvice and water service may be discontinued at the ion. Compliance directives may also contain other compliance, including additional self-monitoring, and to minimize the amount of pollutants discharged to the ay not extend the deadline for compliance established it standard or requirement, nor does a compliance lity for any violation, including any continuing violation. ye shall not be a required prerequisite to taking any "(d) Emergency Suspensions. "(1) The supcr!,",tc,",dc,",t Director may immediately suspend a user's discharge (after informal notice to tl~e user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imm!nent or substantial endangerment to the health or welfare of persons. The ,J~Director may also immediately suspend a user's discharge (after n(~ti'ce and opport~ respond) that threatens to interfere with the operation of the POTVV, or which presents or may present an endangerment to the env~ironment. "(1) a. Any user notified of a suspension of its discharge shall immediately stop or eliminate i~s contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the .~,~, .............. 9~lector may take such steps as deemed necessary, including immediale severance of the sewer and water connections to prevent or minimize damage to the POTVV, its receiving stream, or endangerment to any individuals. The su~Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in section 55-146(e) are initiated against the user. "(2) b. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the R33608B2.doc 23 measures taken to prevent any future occurrence to Director., prior to the date of any pre-enforcement meeting or termination meeting under section 55-146(b) or section 55-146(e) respectively. "(2) Nothing in this section shall be interpreted as requiring a meeting or hearing prior to any emergency suspension under this section. "(e) Termination of Discharge. "(1) In addition to those I~rovisions in section 55-143(m).(]). of this article, any user that violates the following conditions of this article, wastewater discharge permits, or directives issued hereunder, is subject to discharge termination. "(1) a. Violation of wastewater discharge permit conditions. "(2) b. Failure to ~ccurately report the wastewater constituents and characteristics of its discharge. "(3) c. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. "(~,) d. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. Reasonable access is access requested by the city anytime during operation of the facility or at anytime that dischiarge is taking place. "(,%)-e. Violation of the pretreatment standards in section 55-141 of this article. "(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show under section 55-146(b) of this article why the proposed action should not be taken, subject to the cupcrlntcndent's Director's authority to immediately suspend discharge under section 55-146(d). "(f) Injunctive Relief; Judicial Remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, wastewater discharge permits or directives issued hereunder, or any other pretreatment requirement, the superk,,ter~Director, through the city's attorney, may petition the state court authorized under the Texas Local Government Code, Section 54.012, as amended or succeeded by other statute, for the issuance of a temporary restraining order, temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, directives, or other requirement imposed by this adicle on activities of the user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. R33608B2.doc 24 "(g) Civil Penalties. "(1) Any user which has v or wastewater discharge I requirement shall be liabl, state law, but not less tha day. In the case of a mon penalties shall accrue for "(2) The city may recover expenses associated witY monitoring expenses, an( including but not limited t, resulting from user violati iolated or continues to violate this article, any directive )ermit hereunder, or any other pretreatment standard or ; to the city for a maximum civil penalty allowed under n one thousand dollars ($1,000.00) per violation per lhly or other long-term average discharge limit, each day during the period of the violation. reasonable attorney's fees, court costs, and other enforcement activities, including sampling and ; the cost of any actual damages incurred by the city, ) recovery of fines and penalties incurred by the city )ns prompting POTVV permit violations. "(3) To aid the court in de Director may request the including, but not limited ~ magnitude and duration, violation, corrective actio~ any other factor as justic~ "(4) Filing a suit for civil I~enalties shall not be action against a user. | termining the amount of civil liability, the su~ court take into account all relevant circumstances, o, the extent of harm caused by the violation, the ~ny economic benefit gained through the user's ~s by the user, the compliance history of the user, and ~ requires. a prerequisite for taking any other "(j) Performance Bonds; Supplemental Enforcement Action. The Director may decline to reissue ~a wastewater discharge permit to any user which has failed to comply with the provisi~)ns of this article, any directives, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the city, in a s~m not to exceed a value determined by the su~Director to be necessary to achieve consistent compliance. Such bond must be made by a company lidensed to do insurance business in the State of Texas and possess at least an "A -" rating in the current A.M. Best Company listings. "(k) Liability/nsurance. The ~Director may decline to reissue a wastewater discharge permit to!any user which has failed to comply with the provisions of this article, any directive, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge." SECTION 12. Section 55-147(C) of the Code of Ordinances is amended by revising paragraph (3)b. and (4)b. to read as follows: Sec. 55-147. Affirmative defenses to discharge violations of Federal categorical pretreatment standards and local limits. R33608B2,doc 25 "(c) Bypass. "(3) * "(4) * / "b. An industrial u~er shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four (24) hqurs from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The....~..,,,,,..,,..~,,.;"*~"'~"~'* Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. "b. The su~Director may approve an anticipated bypass, after considering its adverse effects, if the su~Director determines that it will meet the three (3) conditions listed in section 55-147(c)(4)a." SECTION 13. Section 55-148(a) of the Code of Ordinances is revised to read as follows: "Sec. 55-148. FEES. "(a) Abnormal Wastewater SurCharge. "(1) Any user generating :wastewater which exhibits none of the characteristics of prohibited wastes as described in section 55-141(a), but which has an average concentration of biochemical oxygen demand, has an average concentration of chemical oxygen demand, or contains total suspended solids in excess of normal wastewater (as defined in section 55-140(c)), may be required to pretreat to meet the requirements of normal wastewater or such other more stringent parameters as the city may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted by a POTW if all the following requirements are met: "a. The wastes will not cause damage to the collection system. R33608B2.doc 26 "b. The wastes will not impair the treatment processes. c. The user .~. ~.rv .v ,._~ .... nt of 3 pays the apphcable surcharge over and above published sewer rates, as provided herein; and "d. The waste is a treatment plant to I total discharge to E having jurisdiction. "(2) Prior to imposition of waste discharge e×cccdc as established in this arti( "(3) Surcharges will be ac new data but not more frE superimendem Director. "(4) The volume of flow u: be based upon metered ~ readings maintained by tt event that a person disch city demonstrating that a purposes does not reach nenable to treatment such that when it leaves the ~e discharged, the waste does not exceed, or cause the xceed, the standards set by federal and state agencies ~ surcharge, the user shall be notified in writing that his thc m:x!mum !!mit: !s in excess of normal wastewater le. justed on billings for the month following submission of quently than quarterly, unless authorized by the ;ed in computing abnormal wastewater surcharges shall tater consumption as shown in the records of meter e City of Corpus Christi Utilities Department. In the ~rging waste into the potw produces evidence to the ~ortion of the total amount of water used for all the POTVV, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only!that portion of the total flow being discharged into the POTW. Upon request by!the user, credit may be allowed by the city for evaporation, product water exported from the user or other operational consumption through which such water is not discharged to the POTVV. If it is impossible to show volume by metering, then recognized industry standards designated by the city shall apply. If a surcharge is assessed by the city, it shall be shown separately on l~he monthly billing. "(5) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the City of Corpus Christi Utilities Department, all c~r part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the city, then the user if he so elects, may install additional approved meters at the user's expense in such a manner as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. R33608B2.doc 27 "(6) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x (COD-562) S =V x 8.34 x ¥ x (BOD-250) S = V x 8.34 x 2[ x (TSS-250) S = Surcharge in dollars for the billing period. V = Water consur~ption in millions of gallons during the billing period. 8.34 = Weight of Water in pounds per gallon. X = Unit charge i~dollars per pound for COD as established subdivision (8) of this sub~ection. Y = Unit charge in!dollars per pound for BOD as established in subdivision (8) of this subsection. Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/I. TSS = Total suspended solids strength index in parts per million by weight, or mg/I. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. 562 = Normal COD strength in parts per million by weight, or mg/I. "(7) The city reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per cent of the design flow capacity of the plant which will treat the waste. In the event the city's measurement discloses such flow to be in excess of ten (10) per cent of said capacity, the city shall be under no obligation to receive such flow in excess of ten (10) per cent of design capacity and the city's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the city. A special contract, at the city's option, may be made with the user to accommodate such excess flow. R33608B2.doc 28 "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: "Value "August "Au.qust ~ ,~nn,) 1, 2003 te to ~"~" ~ July 31 I '3nnq 2004 "X (unit "$O.OOOO "$0.0000 charge 1 3 dollars,er pound ¢ COD) "Y (unit "0.223~ "0.2372 charge ~n dollars,er pound ¢f BOD) "Z (unit' ,,n~. ~n~,~ "0 .1704" charge in dollars per pound Of TSS) SECTION 14. If for any reason;any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, iphrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 15. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 55-146 of the City Code of Ordinances. SECTION 16. Publication shalll 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 17. 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 R33608B2.doc 29 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16TM day of July, 2003: Acting City Attorney Samuel L. Neal, Jr. Mayor R33608B2.doc 3O Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CI~Y COUNCIL Corpus Christi, Texas For the reasons set forth in the ( emergency exists requiring susF voting upon ordinances at two r( suspend said Charter rule and [ at the present meeting of the Ci Respectfully, mergency clause of the foregoing ordinance an ension of the Charter rule as to consideration and gular meetings: I/we, therefore, request that you ~ss this ordinance finally on the date it is introduced, or Council. Respectfully, Samuel L. NeaI, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R33608B2,doc 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: Motion scheduling a public hearing on August 26, 2003 regarding: 1. The establishment of the proposed Rodd Field Public Improvement District 2. Approval of said district's boundaries 3. Approval of the method of levying property owner assessments based upon the cost of infrastructure improvements to said district. ISSUE: Setting a date for a public hearing and future consideration of the establishment of a public improvement district for Rodd Field Village for the purpose of eliminating blighted conditions and improving the health, safety and welfare through: 1. Platting all of the properties within the proposed district. 2. Providing a financing mechanism through the use of City and pdvate funds for the installation of public infrastructure. 3. Furthering the objective to ensure that existing and future development is in compliance with state and~ local development regulations and building codes. REQUIRED COUNCIL ACTION: Approval of a motion scheduling a public headng on August 26, 2003 regarding establishment of the Rodd Field Public Improvement District, approval of district boundaries and method of assessment for infrastructure improvements. PREVIOUS COUNCIL ACTION: Resolution No. 024261, October 19, 2000, which set the preliminary district boundaries and outlined the required tasks to go forward with the proposal. FUNDING: None CONCLUSION AND RECOMMENDATION: Approval of motion Micl~ae Gdnning - Assistant Director of Development Services/ Director of Planning /,~ .n~! Esc, obar Director of Engineering Services Attachments: Attachment A - Resolution No. 024261 Attachment B - Procedures for Estab shment of Rodd Field Public Improvement District Attachment C - Map of Proposed Rodd Field Public mprovement District BACKGROUND INFORMATION The proposal to create the Rodd by City Council in October 2000, The City is authorized under CI establish such a district. Resoluti the City Manager to accomplish Field PID (Attachment A). City Staff has accomplished the · Hired a surveyor to · Hired an engineer district. :ield Public improvement District (PID) was considered ~t the request of a group of Rodd Field property owners. lapter 372 of the Texas Local Government Code to )n No. 024261, approved October 19, 2000 authorized various objectives in the process of establishing Rodd 311owing aforementioned objectives: survey the proposed district. ,nd surveyor to prepare a plat of the property within the Identified any property that needs to be acquired by dedication, purchase, or condemnation. Prepared final cost estimates for the construction of the proposed improvements. Prepared a preliminary assessment roll. At this point, City Staff is prepare~l to make the following recommendations in accordance with the aforementioned resolution: · Recommend adjustments in the boundary of the proposed district. · Recommend the specific improvements that should be constructed. · Recommend the apportionment of cost between the improvement district and the City. · Recommend how to fund the City's share of the project cost. · Recommend the method that should be used for assessing the appropriate costs to the property owners. Attachment B is the proposed sChedule for the process of establishing the district. Attachment C is a map of the district indicating property ownership. This request for motion is simply to schedule the public hearing regarding the proposed Rodd Field PID. A'I-rACHMENT A RESOLUTION INITIATING PROCEEDINGS TO ESTABLISH THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT, WHEREAS, when the City annexed the Rodd Field Village in 1989, the City recognized the area posed a unique situatioh for the City and accepted modified development standards in the annexation servlice plan; WHEREAS, when the City of Corpus Christi annexed the Rodd Field Village, the service plan (a copy of the service plan is attached to this resolution as Exhibit 1) spelled out which improvements the City would maintain and the conditions under which the City would assume responsibility; WHEREAS, in 1991, the City tried to get the Rodd Field Village property owners to agree to fund the needed infrastructure improvements, but could not gain the agreement of all of the property owners; WHEREAS, no public improvements have been installed by the property owners since Rodd Field Village was annexed, except installation of a sanitary sewer lift station and sanitary sewer line that connected the private sanitary sewer lines to the City's sanitary sewer system; WHEREAS, the property owners have not made the improvements needed for the City to assume responsibility for maintenance of water and sewer lines and private streets ~under the service plan; WHEREAS, many of the individ,ual tracts of land within the Rodd Field Village do not have direct access onto a dedicated public street or easements to give them access to a dedicated public street; WHEREAS, only two tracts of land within the Rodd Field Village are currently platted; WHEREAS, the owners of unplatted land within the Rodd Field Village cannot obtain building permits because of Article V, Section 6 of the City Charter and are not able to lawfully improve their properties; WHEREAS, those owners who have previously looked into platting their property have been unable to plat their property due to the high costs of installing the necessary off- site public improvements and olbtaining legal access to their property, WHEREAS, some of the property owners within the Rodd Field Village have gotten together in an effort to remedy the current situation by asking the City Council to order the creation of a public improvement district, under Chapter 372 of the Texas Local Government Code, in the Rodd Field Village; 2 WHEREAS, in order to assist these property owners, the City's staff have met with the property owners on numerous occasions, drafted a preliminary concept plan, prepared rough costs estimates for construction of the improvements, and had some preliminary survey work performed; WHEREAS, several property owr within the area for the establishrr WHEREAS, the property owners purporting to represent more tha~ property within the Rodd Field Vi establish the Rodd Field Public ,ers circulated petitions to the other property owners ent of the Rodd Field Public Improvement District; or the representatives of the property owners ~ 50 percent of the appraised value of taxable real Iago have signed petitions asking the City Council to nprovement District; and WHEREAS, the property owners or the representatives of the property owners purporting to represent more tha 3 50 percent of all record owners of property within Rodd Field Village that will be lia ~le for assessment if a public improvement district is established have signed the peri ion; and WHEREAS, the property owners or the representatives of the property owners purporting to represent more thdn 50 percent of the area of all taxable real property within Rodd Field Village that wi!l be liable for assessment if a public improvement district is established have signed the petition; WHEREAS, the petitions to establish the Rodd Field Public Improvement District have been filed with the City Secretary; and WHEREAS, the members of the City Council have reviewed the petitions filed by the property owners and their authorized representatives and believe the petitions are sufficient to implement the process to establish a public improvement district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: sECTION 1. Based on our review of the petitions filed by property owners and their authorized representatives and the supporting information and presentation of the City staff, the City Council finds: a, A sufficient number of property owners within Rodd Field Village have expressed interest in the establishment of a public improvement district under Chapter 372 of the Local Government Code to formally initiate the process to establish the proposed Rodd Field Public improvement District. b. The proposed boundaries of the Rodd Field Public improvement District are attached to this resolution as Exhibit 2. 3 b. The proposed street improvements, water distribution mains, fire hydrants, street lighting, and sanitary sewers lines within Rodd Field Village, as described in Exhibit 3 of this resolution, will confer special benefits to the Rodd Field Village, are necessary for the orderly development of the area, and will improve public health and safety of those who work and reside in the area. c. The preliminary estimated cost of the improvements is approximately $780,000. A more detailed preliminary cost estimate is included in Exhibit 3. d. The costs of the improvements should be apportioned between City and property owners within the proposed public improvement district as follows: 1. The City will pay the following costs: (a) The costs of all future maintenance of the roads, water lines, sewer lines, and storm sewers that are owned by the City within dedicated street rights-of-way, drainage rights-of-way, or utility easements. (b) The costs of preparing the engineering drawings and contract administration for the installation of the improvements. (c) All costs, including the costs of surveying the District and individual lots, involved in plattin9 all of the property located within the District. (d) The City will accept payment of the assessments by the property owners in lieu of any required water and sewer lot/acreage fees. 2. The property owners within the proposed district will pay the cost of the initial repair, replacement, and installation of the required roads, water lines, and sanitary sewer line, as detailed in Exhibit 3. e. The cost apportioned to the district will be assessed against the property owners based upon the square footage of property owned within the district. SECTION 2. The City Manager is directed to prepare a report to determine the feasibility and desirability of establishing the Rodd Field Public Improvement District. carrying out this directive, the City Manager is authorized to: In a. Hire a surveyor to survey proposed district. b. Hire an engineer and surveyor to prepare a plat of the property within the district. 4 c. Recommend adjustments in the boundary of the proposed district. d. Recommend the specific improvements that should be constructed. e. Hire an engineer to prel~are detailed construction design documents of the proposed improvements. / f. Identify any property tha~t needs to be acquired by dedication, purchase, or condemnation. / f. Solicit bids for the const g. Prepare final costs estil improvements. h. Recommend the appor the City. -uction of the improvements. nates for the construction of the proposed :ionment of cost between the improvement district and i. Recommend how to fur~d the City's share of the project cost. j. Recommend the methc~d that should be used for assessing the appropriate costs to the property owners. k. Prepare a preliminary assessment roll. SECTION 3. The Mayor may a;~point a small informal ad hoc advisory committee, composed of five owners of property within the proposed district. The informal ad hoc advisory committee is charged with working with the City staff on the details of the feasibility report and advising the Council on the adequacy of the proposed improvements and the appropriateness of the method of assessment and boundary of the proposed district. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Samuel L. Neal, Jr. Mayor day of (~/o~/,~-- , 2000. James R. Bray Jr. City Attorney R. J~l~ining / First Assistant City Attorney !ATTACHMENT B Procedures for Establishment of Rodd Fiel~d Public Improvement District 1. City or property owners distri~3uted petition. 12/1999 2. City Secretary received petition from owners of more than 50% 10/2000 of appraised value of taxable property and either more than 50% of record owners of rea! property subject to assessment or more than 50% of the area. 3. First Formal Actions by City (~ouncil, October 24, 2000. Resolution 024261 adopted., 4. Petitions reviewed by City C~uncil. 10/2412000 a. City Council made following findings by Resolution 024261: 10/24/2000 (1) Advisability of proposed improvements. 10/24/2000 (2) Preliminary estimated ;osts. 10/24/2000 (3) Preliminary method oassessment. 10/24/2000 (4) Apportionment of coss between City and District. 10/24/2000 b. City Council by Resolution 024261 directs staff to make a 10/24/2000 Feasibility Report, including authorization to hire engineer to survey district, prepare plat, and prepare improvement construction design documents. c. City Council by Resolution 024261, Mayor may appoint a 10/24/2000 small informal ad hoc adyisory committee to work with staff. 5. City Council adopted Resolution 024409, directing staff to use312712001 annexation plan instead of current Platting Ordinance requirements in preparing inlprovement plan. 6. Staff, in consultation with the informal ad hoc advisory 7/1/2003 committee, prepares a draft feasibility plan, including a draft improvement and assessme!nt plans. 7. Third Formal Action by City Council. 7/22/2003 a. After staff prepares the diraft plans, City Council will 7/22/2003 schedule public hearing(s). 8. Work by staff/advisory body; a. Publication of notice of ppblic hearing in newspaper. 7/25/2003 b. Written notice of public h~aring mailed to property owners. 7/25/2003 c. Copies of the plan will be made available to property 7/25/2003 owners before the public hearing. 9. Fourth Formal Action by City Council. 8/26/2003 a. City Council holds public hearing. 8/26/2003 b. Staff formally submits foCmal feasibility plan, including the 8/26/2003 improvement plan and a~sessment plan, to City Council. c. City Council by ordinance establishes method of 8/26/2003 appodioning costs of improvements to property in district. d. City Council authorizes improvement district by resolution. 8/26/2003 e. City Council files proposed assessment roll. 8/26/2003 T0.20-day period begins for property owners to file written protest. 9/1/2003- 9/22/2003 11. Property owner will be requested to sign a limited special 8/26/2003 power of attorney authorizingthe platting of their property. Plats will be filled for all properties whose owners have executed the required power of attorney upon expiration of protest period, if insufficient I~rotests are received. Any property owners who do not ~xecute a power of attorney will need to plat the property the~'nselves. All platted property will be immediately eligible for bililding permits. 12.AII engineering costs incurre will be considered outstanding 9/30/2003 indebtedness of the district, I district is dissolved. 13. Work by staff. 10/3/2003 a. Publication of notice of alrailability of proposed assessment10/3/2003 roll in newspaper. b. Written notice of propose'l assessment roll mailed to 10/3/2003 property owners. 14. Final formal actions of City (; ouncil. 10/28/2003 a. City Council holds public hearing on assessment roll. 10/28/2003 b. City Council levies asses sments by ordinance. 10/28/2003 c. City Council may issue g,;neral obligation bonds, revenue 1/14/2004 bonds, or certificates of c bligation. 15. Construction of public impro, ,ements will move forward, subject to Council approval, upon e) )iration of protest period, if 1/14/2004 insufficient protest are received. 16. Plat filed for property owner~ who submit power of attorney 1/14/2004 2 ATTACHMENT C PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT 24 16 CITY COUNCIL AGENDA MEMORANDUM July 22, 2003 AGENDA ITEM: Ordinance appropriating $242,557.69 in interest and miscellaneous earnings in the No. 3072 Aquarium CIP Fund and t~ransferring $242,557.69 to the 2010 General Obligation Debt Service Fund to pay outstanding debt service and close Fund 3072; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $242,557.69. ISSUE: Proceeds from bond sales are placed in project-specific funds which earn interest and are subsequently used for project completion or debt service. The Texas State Aquarium has requested (see attached letter) that available funds be used for debt service. This revenue must be appropriated prior to expenditure. BACKGROUND: On March 19, 1996, the City of Corpus Christi issued $4,400,000 in Combination Tax and Revenue Certificates of ObligatiOn on behalf of the Texas State Aquarium. The COs were used to fund Aquarium improvements including the SeaLab. Although the City issued the COs, the Aquarium is responsible for the annual debt service payments. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted. Acting Director of Management and Budget Ordinance Copy of request letter from Aquarium Texas State Aquarium January 24, 2003 Ms. Lee Dumbauld Director of Finance City of Corpus Christi 1201 Leopard St Corpus Christi, Texas 78401 Dear Ms. Dumbauld, I wanted to give you an upda(e on the progress of our capital improvement program and phase 2 design work for the 'ffexas State Aquarium, which was funded by the 1996 Combination Tax and TSA Revenue Certificates of Obligation Bond. I am pleased to report that we are very near completion with the two projects outlined in our Contract Management Agreement (seeiattached). The "Sharper Image" improvement and rehabilitation projects should be completed this year. Our Phase 2 Design-Aquarium 2000 Concept will be completed in May of this year. As you may be aware, the Texas State Aquarium Association Board of Trustees chose to utilize a "Design/Build" approach to the design and construction of Phase 2. Therefore, based on the City of Corpus Christi's policy regarding design/build projects, we did not use the $210,000 allocated for Phase 2 design Work. Per your approval, these funds could now be available for the Aqnarium to service our debt obligations to the City. If this Option does not exist, we would continue to use the funds to support our current Capital Improvement Program. I appreciate you consideration~ of this request. At your convenience, I would like to schedule a time that our Chief Financial Officer, Liz Shipp, and I could meet with you to discuss this option. To that end I will call you next week. ~ou to~ Sincerely, ~ ~; Schmid ~~~x.~ 2710 North Shoreline Co~'pus Christi, Texas 7840~- 1097 51 ~/881-1~00 PAX 51 ~/881- l~57 Page 1 of 2 ORDINANCE APPROPRIATING $242i557.69 IN INTEREST AND MISCELLANEOUS EARNINGS IN THE NO. 3072 AQUARIUM ClP FUND AND TRANSFERRING $242,$57.69 TO THE NO. 2010 GENERAL OBLIGATION DEBT SERVICE FUND TO PAY OUTSTANDING DEBT SERVICE AND CLOSING FUND NO. 3072; AMENDING THE FY 2003 CAPITAL BUDGET ADOPTED BY ORDINANCE N,.O. 025144 BY INCREASING APPROPRIATIONS BY $242,557.69, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $242,557.691 in interest and miscellaneous earnings is appropriated in the No. 3072 Aquarium CIP Fund. SECTION 2. That $242,557.69i is transferred to the No. 2010 General Debt Obligation Debt Service Fund to pay outstanding debt service and that Fund No. 3072 is closed. SECTION 3. That FY 2003 Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $242,557.69. SECTION 4. That upon written~ request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Doy~ D ./~ru rtis Chief, Ardministrative Law Secti~on Senior Assistant City Attorney For City Attorney H:~LEG-DIR\Shared\VERONICA\Doyle~$242K Aquarium CIP Fund.wpd 17 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Ordinance appropriating $110,5 Capital Projects Fund and transfl the collections activity; amendin 025144 by increasing approprial July 22, 2003 :)8.70 from paving assessments in the No. 3530 Street :rring $110,508.70 tothe 1020 General Fund to reimburse ] the FY 2003 Capital Budget adopted by Ordinance No. ions by $110,508.70. ISSUE: The FY 02-03 Adopted Budget includes revenue in the General Fund from the Street CIP Fund. These CIP funds must be appropriated and transferred to the General Fund. BACKGROUND The Accounts Receivable sectiotn of Financial Services assesses and collects payments associated with the Special Paving Assessment Program. Payments are recorded in the Street CIP Bond Fund and the Blond Fund reimburses the General Fund for assessment / collection services. This reimbursement is budgeted and considered a routine annual transaction. REQUIRED COUNCIL ACTION!: Approval of Ordinance as submitted. Cindy 0'Brie~ Acting Director of Management and Budget Ordinance ORDINANCE APPROPRIATING $110,508.70 FROM PAVING ASSESSMENTS IN THE NO. 3530 STREET CAPITAL PROJECTS FUND AND TRANSFERRING $t10,508.70 TO THE N°. lO2O GENERAL FUND TO REIMBURSE THE COLLECTIONS ACTIVITY; AMENDING THE FY 2003 CAPITAL BUDGET ADOPTED BTY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS By $110,508.70; AND DECLARING AN EMERGENCY. -- BE IT ORDAINED BY THE CI FY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $110,508.70 from paving assessments is appropriated in the No. 3530 Street Capital Projects I~und. SECTION 2. That $110,508.7 ~) is transferred to the No. 1020 General Fund to reimburse the collections actN ity. SECTION 3. That FY 2003 C;~pital Budget adopted by Ordinance No. 025144 is amended by increasing appro )riations by $110,508.70. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) ~inds 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 Charterlrule that requires consideration of and voting upon ordinances at two regular me~tings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16t" day of July, 2003: L.A~ssistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor H :\lcg.dir~sharc~vcronica\joh n~51 IOKPavingAs~css.vm 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: ._7-22-03 AGENDA ITEM: Item A: / Resolution amending Resolutio~ No. 025141 which authorized submission of grant application to the State of Tex;~s, Criminal Justice Division, for Title V Delinquency Prevention Grant; authorizing th~ City Manager, or his designe,e, to accept a $250,000 Title V Delinquency Prevention G ~ant from the Criminal Justice Dwision of the Governor's Office for Municipal Court pro(~ ~ssing and tracking of status offenders end Juvenile Assessment Center case mana! ement services to at-risk youth, with a commitment to provide an in-kind match of at le ~st 34% of the total grant budget. Item B: Ordinance appropriating $250,0(D0 in the Fund 1067 Federal/State Grants Fund. I~UE: High levels of juvenile a~rests and delinquency concern our community. National research has proven thet comprehensive intervention with status offenders prevents juvenile delinquency, bpt current community resources can only address a fraction of the families who need these services. REQUIRED COUNCIL ACTION:i Council action is required to authorize the City Manager or his designee to accept and appropriate the grant. AJ'nendment of Resolution No. 025141 is requir~l to comply with the Criminal Justice Division's language requirements for grant application resolutions. PREVIOUS COUNCIL ACTION: Council accepted and appropriated this grant for FY 2002 and FY 2003. Council passed Resolution No. 025141 in December of 2002. This is the last year of this grant. FUNDING: Available. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass a h " resolution and ordinance aut onzing the City Manager or his designee to accept and appropriate the Title V Delinquency Prevention Grant and amend Resolution No. 025141. Assistant Director for Programs Park and Recreation Department Attachments: Background Information, Letter from CJD. I BACKGROUND INFORMATION The goal of the Pre-Delinquency juvenile crime by helping at-risk 1 their children avoid delinquency ~ Juveniles, who have been arrest, families, are the target group for Project. The geographic area to approximately 600 juveniles, age I II Court and Case Management Project is to decrease amilies connect with.the services they need to help md become productive citizens of the community. K! for truancy and/or curfew violation, and their Ihe Pre-Delinquency Court and Case Management be served is Nueces County. It is estimated that ten through sixteen, and their families will participate in the project each year. The Juvenile Assessment Cenl Department serves as a tempo violations or for truancy. While h, intake and assessment process a that can help them. Juveniles at. months of case management ser Assessment Center meets regula er of the City of Corpus Christi Park & Recreation rary holding facility for juveniles arrested for curfew )Id at the center, juveniles are invited to participate in an ~ are given information about services in the community risk of delinquency and their families are offered three lices. If they accept, a case manager from the Juvenile dy with the family to plan problem-solving strategies and to monitor the family's progress~Case managers help families connect with and follow through with needed services in the community. At the end of three months, the juvenile's family and a case manager from the Juvenile Assessment Center decide if their case can be successfully closed or if them is a need for case management services to continue. The Pre-Delinquency Court apd Case Management Project enhances the case management component of the Juvenile Assessment Center by providing for four additional case managers. The~e case managers handle the cases of truant or curfew violating juveniles who are court-Ordered into case management at the center. The project also provides for a judge at the proposed Corpus Christi Juvenile Municipal Court who hears only juvenile cases, such as truancies and curfew violations, and who court orders juveniles into the case management program at the Juvenile Assessment Center. This program has been highly successful. TO: 5618~64357 TO 9~6188~ Cs~a]n&L J~:$ricl Dtvls]on P, Suly 16, 2003 City Mana8~ Cie/of Corem Christi P.O. ]Box 9277 Re: IT-t56.S4-03 - "Pr~.-Delinqu~ncy Court and Case baaMg~ment Project" ~ Mr. Garda: Applie~lioI am being processed for Juvenile luslicc and Deliuqucncy P~eve~ion Title V projec~ ,.hat will bc funded for rig 2005t~-:~2004 grant year. Thc effective date for your new &wml is August l0 2003. You ~ ¢o~sider ~hi$ letter confh~nation that your grant spplication referenced above will bc f,,~a?i, and you have pgrnus.S~on to usc any o~her sources of fimding umil you r¢ceiv~ your official awsrd documcms. We apprgciate your patience. Executive Dir~Ior cc: MS. Matlab Boone, Cmpus Chnsti Juvenile A.sr, essmcut Cgntcr RESOLUTION AMENDING RESOLUTION NO. 025141 WHICH AUTHORIZED SUBMISSION OF GRAN[T APPLICATION TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR TITLE V DELINQUENCY PREVENTION GRANT;/~,CCEPTING TITLE V DELINQUENCY GRANT OF $250,000 BE IT RESOLVED BY THE CIT' TEXAS, THAT: SECTION 1. That Resolution Nc the City Manager's designee to Texas, Criminal Justice Division delinquency prevention grant to status offenders and Juvenile A= youth. 'COUNCIL OF THE CITY OF CORPUS CHRISTI, · 025141 is amended to authorize the City Manager or 3ply for, accept, reject, alter or terminate a State of Office of the Governor, one-year $250,000 Title V nhance Municipal Court processing and tracking of ~essment Center case management services to at-risk SECTION 2. The City of CorpuslChristi will provide match of minimum of 34% of the grant amount, i SECTION 3. In the event of the Ipss or misuse of these funds the City of Corpus Christ assures that the funds will be returned to the State of Texas, Criminal Justice Division, in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 9, 2003; Lisa Aguilar / } Assistant City Attoh'iey For City Attorney Samuel L. Neal, Jr. Mayor ORDINANCE APPROPRIATING $250,000 GRANT FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE, IN THE NO FUND; FOR MUI~ TRACKING OF S' ASSESSMENT CENT AT-RISK YOUTH; AN BE IT ORDAINED BY THI CHRISTI, TEXAS: 1067 PARK AND RECREATION GRANT IClPAL COURT PROCESSING AND 'ATUS OFFENDERS AND JUVENILE ER CASE MANAGEMENT SERVICES TO DECLARING AN EMERGENCY. CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That a $250,00p grant from the State of Texas, Criminal Justice Division of the Governor's Office is appropriated in the No. 1067 Park and Recreation Grant Fund for M~Jnicipal Court Processing and tracking of status offenders and Juvenile AsseSsment Center case management services to at-risk youth. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: July 9, 2003 Lisa Aguilar Assistant City Attorney for City Attorney 19 AGENDA MEMORANDUM AGENDAITEM: Ordinance appropriating $9 to Drainage Channel No. 3' Ordinance No. 024130, wh No. 4730 Drainage Chann~ Motion approving payment Unit 8B, from the No. 4730 disbursement to the appr Drainage Development Co~ Corpus Chdsti and Trustee July 16, 2003 664.36 from Bdghton Village Unit 8B developer's contribution in the No. 4730 Drainage Channel 31 Trust Fund; amending ch appropriated the Trust Funds, by adding $9,664.36 to the ~1 31 Trust Fund. of $9,664.36, developers contribution from Bdghton Village ;)rainage Channel 31 Trust Fund to Mark Bratton, Trustee, for ~riated Funding Owners, in accordance with the Offsite ~tract, Master Plan Drainage Channel 31, between the City of and declaring an emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Fund Agreement between developer Mark Bratton and the City of Corpus Christi. The agreement requires the City tO collect payments from other developers that use the Channel and reimburse Mr. Bratton (Trustee) for his initial expenditures. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement Between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. Margie Rose Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A Exhibit B Background Infot~mation Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Evolution of the Master Plan In 1985, several landowners (p~ District (CCISD) began investing of an area north of Yorktown Bo is the Kaffie Middle School site. this area ware in the process of The water and wastewater trust by the imposition of lot/acreage City, to pay for water and waste system for drainage costs, dev~ drainage outfall in place. ,raina,qe Channel 31 Trust Fund: rticipating owners), including the Corpus Christi School the basic infi'astructure needs necessary for development ;levard and east of Staples Street. Included in this area The water grid mains and wastewater trunk systems for being installed as part of King's Crossing development. funds, established by the City in 1982, which are funded Iees, ware being used, as they are today throughout the rater improvements which serve a large area. A similar Iopment was hindered, as it is today, in areas without a The interested owners (particip~ing owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, which included acquisition of right-of-way, excavation of th~ channel to Master Plan width, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of tract and the distance runoff from the tract wOuld utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Participating Owners and Participating Owners and disbu~'sing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Charles Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 Prior Council Actions Associated with Master Plan Drainage Channel 31 Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment Of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this prO rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). 2. Resolution authorizing City Mar the Master Plan Drainage Cha comment on the adoption of L Fees; appointing the Planning on November 26, 1996 (Res. a ager to take the necessary actions to establish Impact Fees for ~nel 31 improvements, scheduling a public hearing to receive Ind Use Assumptions, Capital Improvements Plan and Impact 7,ommission as the Capital Improvements Advisory Committee D22773). Motion amending Offsite DevelOpment Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City ef Corpus Christi to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that poriJon of the cost of the project situated dowr,=i~am of each pa~cular tract on February 18, 1997 (M98-046). 4. Ordinance adopting t~e Capita~ Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to ~eference the Platting Ordinance Impact Fee prov sons on Apri 22, 1997 (Ord. #022913). Impact Fee Collection Trigger Prointe: Impact fees are collected at one of the following three trigger points, whichever occurs first, within all or any portion of a tract situated within Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; Dr 3. connection to the City's utility Systems. Disbursement of impact Fees I~o the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section~ 5, such disbursement requires adoption of an ordinance appropriating the funds by Council; Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offsite Drainalip Development Contract: The term of the Agreement approved by Council on December 31, 1985 ~as for the lessor of 20 years or full deve opment of the service area. The 20-year mark will be December 31, 2005. Page 2 of 2 LOCATION MAP BRIGHTON VILLAGE UNIT 8B MASTER CHANNEL31 Cerpus Christi BRIGHTON VILLEGE U!NIT 8B CiTY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS October 12, 2001 TRACT 40- BRIGHTON VILLAGE UNIT 8B Subject property being 7.227 Acre~ out of a portion of Lot 6, Section 10 and Lot 27, Section 11, F.B. & E.F. & G.T., recorded in Vj "A', Pages 41-43, M.R.N.C.T. 1) 2) Determine Distancei Ratio Ni~T SERVICE UNITS TRACT # 40 = GRoss SERVICE UNITS Determine Land U~e Factor 376.89 486.65 - 0.77446 ZONING = R - lB 5>> LDR for total acreage 100% or li.00 x 2.39 = 2.39 service units per acre 3) Calculate Construc!ion Cost (Tract Area) (Land Use Factor) (Distance Ratio) (Impact Fee/Service Unit) 7.227 x 2.39 x 0.77446 x (347.34 Service Unit) -- $4,646.33 4) Calculate Remaining Debt Service Tract g40 $126,767.28 4,646.33 $ 122,120.95 5) Calculate Impact F~ee with Interest Accumulated Present General Obligation Bond Rate ~The rate of the latest General Obligation Bond Sale of the City~ ....... as of 10/27/01 i = 0.0499895 (annually) (provided by Dorothea Montoya, F&A) i = 0.00417 (monthly) (O. 0499895 divided by12) Impact Fee = (Construction Cost) (1 + i/12) n where n = # of Months (n is an exponent) since 2/27/87 (date of completion of Ditch 31) n = 176 Months (Computed: 2/27/1987- 2/27/2001 ........... 168 mo. 2/27/2001 - 10/27/2001 ......... , 8 mo. Total 176 mo. ) Impact Fee = $4,646.33 x 1.00417 to the 176th = $4,646.33 x 2.08 = $9,664.36 By: ~Leonel Farias, P.E. Special Services Engineer Har~' J. Power, Plats Coordinator Valerie Gray, P.E., Stormwater Superintendent Subdivision Plat File (Brigton Village Unit 8B) CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT TO: Mark Simon, Acting Slx FROM: Tom Bacon, Collection SUBJECT: Project Status Report COMPLETE ACCEPTANCE. Thc Wastcwater Depmtment has condu facilities installed in the above project. operation and permanent maintenance. Sewer Line(s) [length/size/type]: eial Services Coordinator 'stems Superintendent Water Utilities Project Number: ~ Wastewater :ted a visual and televisiort inspection of the sanitary ~ewer The Wastewater Department found these facilities acceptable for The material quantities accepted are: Rehabilitated Manho le(s) [diameter/type]: Force Main(s) [length/size/type]: Line(s) Removed [length/size/type]: , Line(s) Abandoned [length/size/type]: Pre-Tap(s) [quantity]: ~ ~ Air Release Valves Installed [quantity]: Lift Station(s) [quantity]: Abandoned [quantity]: Tom Bacon Phone 857-1807 Date City of Corpus Christi, Wastewater Department xc. Engineering Services, Engineering Departmem Wastewater Department ln~eCtor Water Utilities Engineering AN ORDINANCE APPROPRIATING $9,I 8B DEVELOPER'S C( NO. 31 IN THE NO. 47: ORDINANCE NO. 024' FUNDS, BY ADDII INFRASTRUCTURE FI BElT ORDAINED BY THECI SECTION 1. That $9,664.36 t contribution to drainage chant appropriated and that ordinam the No. 4730 Infrastructure Fu SECTION 2. That upon wdtte copy attached, the City Counc need for immediate action nec of City affairs and (2) suspend and voting upon ordinances al passed and shall take effect u of July, 2003. ATTEST: 164.36 FROM BRIGHTON VILLAGE UNIT ~NTRIBUTION TO DRAINAGE CHANNEL t0 INFRASTRUCTURE FUND; AMENDING 30, WHICH APPROPRIATED THE TRUST IG $9,664.36 TO THE NO. 4730 IND; AND DECLARING AN EMERGENCY. t'Y COUNCIL OF CORPUS CHRISTI, TEXAS: rom Brighton Village Unit 8B developer's el 31 in the No. 4730 Infrastructure Fund is :e No. 024130 is amended by adding $9,664.36 to 'id. 1 request of the Mayor or five council members, il (1) finds and declares an emergency due to the essary for the efficient and effective administration s the Charter rule that requires consideration of two regular meetings so that this ordinance is )on first reading as an emergency this the 22nd day THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Josep~Harney' Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2003. 20 AGENDA MEMORANDUM July 16, 2003 AGENDA ITEM: Ordinance appropriating $11,435.77 from Barclay Grove Unit 8 developer's contribution to Drainage Channel No. 31 in the No. 4730 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $11,435.77 to the No. 4730 Drainage Channel 31 Trust Fund. Motion approving payment of $11,435.77, developers contribution from Barclay Grove Unit 8, from the No. 4730 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee; and declanng an emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Fund Agreement between developer Mark Bratton and the City of Corpus Christi. The agreement requires the City ~ collect payments from other developers that use the Channel and reimburse Mr. Bratton (Trustee) for his initial expenditures. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement Between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A Exhibit B Background Information Location Map ! I AGENDA MEMORANDUM ADDITIOI~AL BACKGROUND INFORMATION I Evolution of the Master Plan In 1985, several landowners ([ District (CCISD) began investin! of an area north of Yorktown B, is the Kaffie Middle School site this area ware in the process ~ The water and wastewater tru by the imposition of Iot/acreag City, to pay for water and wast, system for drainage costs, de~ drainage outfall in place. Draina,qe Channel 31 Trust Fund: articipating owners), including the Corpus Christi School I the basic infrastructure needs necessary for development )ulevard and east of Staples Street. Included in this area The water grid mains and wastewater trunk systems for being installed as part of King's Crossing development. funds, established by the City in 1982, which are funded fees, ware being used, as they are today throughout the ~water improvements which serve a large area. A similar elopment was hindered, as it is today, in areas without a The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, which included acquisition of right-of-way, excavation of the channel to Master Plan width, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land Which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of tract and the distance runoff from the tract Would utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Char~les Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. iExhibit A I Page 1 of 2 Prior Council Actions Associated with Master Plan Draina;le Channel 31 Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). Motion amending Offsite Development contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M98-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #022913). Impact Fee Collection Trigger I~,,oints:, Impact fees are collected at one of the following three trigger points, whichever occurs first, within all or any portion of a tract situated within Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the City's utility systems. Disbursement of Impact Fees Fro the Trustee: The Offsite Drainage Development Contract requires the immediate disbursentent of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offelte Drainaflq Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year mark will be December 31, 2005. Page 2 of 2 BARCLAY GROVE UNIT 8 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS I BARCLAY GROVE UNIT 8 CiTY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Ditch 31 Fees arclay Brove Unit 8 # of acres within # of acres in Costs allocated Principal tract being Tract 41 to tract developed 5.317 + 93.54 x $ 111,036.07 $ 6,311.51 Principal City's last G.O. # of months Months in Interest Bond Interest since 02/27/83 a year Rate $ 6,311.51 x 0.0521 x 187 ~ 12 $ 5,124.26 Principal Interest Impact Fee for acres being developed $ 6,311.51 + $ 5,124.24 $11,435.77 ~r~er: l 5/2iY{3 5~ Original - Central Cashicrlng Report C~y Yellow - C~m~al C~shicring Validated Copy for D~parun~n! Pink - Departmen[ lilt Copy CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT TO: Mark Simon, Acting ISpecial Services Coordinator FROM: Tom Bacon, Collectibn Systems Superintendent SUBJECT: Project Status RepOrt Water Utilitiea Projeet Name: ~~ ~z~d~g .fir ~' Project Number: / COMPLETE ACCEPTANCE - Wastewater The Wastewater Department has conducted a visual and television inspection of the sanitary sewer facilities installed in the above project. The Wastewater Department found these facilities acceptable for operation and permanent maintenance. The material quantities accepted are: Rehabilitated Manhole(s) [diametefftype]: Force Main(s) [length/size/type]: Line(s) Removed [length/size/type]: Line(s) Abandoned [length/size/type]: Pre-Tap(s) [quantityl: o~ 5 Lift Station(s) [quantity]: Air Release Valves Installed [quantity]: Abandoned [quantity]: Tom Bacon Phone 857-1807 City of Corpus Christi, Wastewater Departmem XG. Engineering Services, Engineering Department Wastewater Department Inspector Water Utilities Engineering Date JUL 1 2003 DEVELOPMENT SERVICES SPECIAL SERVICES ,/ AN ORDINANCE APPROPRIATING $~,435.77 FROM BARCLAY GROVE UNIT8 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WHICH APPROPRIATED THE TRUST FUNDS, BY ADDI INFRASTRUCTURE BElT ORDAINED BY THE~ SECTION 1. That $11,435.7' contribution to drainage chan~ appropriated and that ordinar to the No. 4730 Infrastructure SECTION 2. That upon writt~ copy attached, the City Coun~ need for immediate action ne of City affairs and (2) suspen~ and voting upon ordinances passed and shall take effect of July, 2003. ~IG $11,435.77 TO THE NO. 4730 UND; AND DECLARING AN EMERGENCY. ITY COUNCIL OF CORPUS CHRISTI, TEXAS: ' from Bamlay Grove Unit 8 developer's tel 31 in the No. 4730 Infrastructure Fund is ce No. 024130 is amended by adding $11,435.77 Fund. ~n request of the Mayor or five council members, :il (1) finds and declares an emergency due to the :essary for the efficient and effective administration Is the Charter rule that requires consideration of two regular meetings so that this ordinance is ~on first reading as an emergency this the 22"d day ATTEST: THEClTYOFCORPUSCHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: Joseph~arne~y-~'-' ~' Assistant City Attorney For City Attorney ,2003. 21 AGENDA MEMORANDUM July 16, 2003 AGENDAITEM: Ordinance appropriating $26,311.01 from Yorktown Crossing Unit 2 developer's contribution to Drainage Channel No. 31 in the No. 4730 Drainage Channel 31 Trust Fund; amending Ordinanc~ No. 024130, which appropriated the Trust Funds, by adding $26,311.01 to the No. 4730 Drainage Channel 31 Trust Fund. Motion approving payment ~of $26,311.01, developers contribution from Yorktown Crossing Unit 2, from the No. 4730 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee; and declaring an emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Fund Agreement between developer Mark Bratton and the City of Corpus Christi. The agreement requires the City tO collect payments from other developers that use the Channel and reimburse Mr. Bratton (Trustee) for his initial expenditures. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement Between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. Margie Rose Assistant City Manager/Interim Director Development Services ATI'ACHMENTS: Exhibit A Exhibit B Background Information Location Map AGENDA MEMORANDUM ADDITIOI~AL BACKGROUND INFORMATION Evolution of the Master Plan In 1985, several landowners ([ District (CCISD) began investi~ of an area north of Yorktown B is the Katie Middle School site this area were in the process c The water and wastewater tru,, by the imposition of Iot/acreag{ City, to pay for water and wast~ system for drainage costs, de~ drainage outfall in place. DrainaRe Channel 31 Trust Fund: articipating owners), including the Corpus Christi School i the basic infl'astructure ,r=~c, ds necessary for development )ulevard and east of Staples Street. Included in this area · The water grid mains and wastewater trunk systems for t' being installed as part of King's Crossing development. t funds, established by the City in 1982, which are funded ~ fees, were being used, as they are today throughout the )water improvements which serve a large area. A similar elopment was hindered, as it is today, in areas without a The interested owners (particip by providing the initial funding of fight-of-way, excavation of ti structures under the existing n protection structures and other to acquire two parcels of land =ting owners) implemented a plan for drainage of the area I=or Drainage Channel No. 31, which included acquisition le channel to Master Plan width, construction of crossing )adways (Rodd Field and Cimmaron Boulevard), erosion incidental were The City utilized its condemnation power ~hich could not be acquired by negotiation. In order to equitably distribute participating owners establish, distance runoff from the tract v proposal is the collection of the Participating Owners and disbl owners (CCISD, Harris & Char the costs among all properties in the tributary area, the ;d a pro rata fee based upon the area of tract and the ~)uld utilize the drainage channel. The City's role in this pro rata charges from both Non-Participating Owners and ~rsing the funds plus interest to the Trustee of the funding es Kaffie, and Mark Braffon). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of ~orpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 prior Council Actions Associated with Master Plan Draina;ie Channel 31 Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). Resolution authorizing City M~nager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public headng to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. f~022773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the Cityiof Corpus ChdstJ to attribute actual costs, pro rata, to each tract situated within Channel 31 service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each par'dcular tract on Februmy 18, 1997 (M98-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to ireference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #022913). Impact Fee Collection TriRger I~oints: Impact fees are collected at one of the following three trigger points, whichever occurs first, within all or any portion of a tract situated within Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the City's utility systems. Disbursement of Impact Fees ~te the Trustee: The Offsita Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offsite Drainage~ Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year mark will be December 31, 2005. Page 2 of 2 ER CHANNEL 31 ~ Co~pus Chri1~l~tl 1111 IF*eric, 0 ~00 400 YORKTOWN CROSSING UNIT 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS i YORKTOWN CROSSING UNIT 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Ditch 31 Fees Yorktown Crossing Unit 2 # of acres within # of acres in Costs allocated Principal tract being Tract 39 to tract developed 11.529 + 90.00 x $ 113,943.65 $14,596.18 Principal City's last G.O. # of months Months in Interest Bond Interest since 02/27/83 a year Rate $14,596.18 x 0.0521 x 185 ~- 12 $11,714.83 Principal Interest Impact Fee for acres being developed $14,596.18 + $11,714.83 $ 26,311.01 Simon - Interest Rate From: Dorothea Montoya To: Simon, Mark Date: 7/12/02 10:31AM Subject: Interest Rate The City has an A rating for GO bonds As of July 3, 2002, A rated bonds were paying 5.21%. 060271-P38 KING'S POINT UNIT 2 (FINAL - 11.~2g ACRES) ~est of Cimarron Boule~tard and north of Yorktown Boulevard. owner - Morteza Shafinuw & Mostafa nighamian Engineer- Naismith Englneerlng~ InC. The owne~ propose to plat the first unit of a single-family residential subdivision. This first unit Contains for~-two (42) lotS and £omes OUt of land originally pla~ted in 1895. $. park Settlement fee. 6. Master Channel 31 fees· ~IORTEZA SHAFI NURY hrs CapJtal BANI( 1205 N. NAVARRO VICTORIA, TEXAS 77~O1 (361) 573-5241 · {800)780-5241 040712 570016246 04-25-03 AY TO THE IRDEROF C]TY OF CORPUS CHRISTI/CASE#060270-P37 ***'58,771.43 CASHIER'S CHECK 060275-P40 PADRE ISLAND - CORPUS CHRISTI ~ECTION NO. 4, BLOCK 221, LOT 1R IFINAL REPLAT - 0.220 ACRE) Located west of Cruiser Street and south of White Cap Boulevard, both west of Park Road 22. Owner - scarlet Inet, LLC CITY OF CORPUS CHRISTI L',',',',',',',','~ C~ ~cm. Ext. Original - Central Cashiering Report Copy Yello~ - Ccmra] Cashiering Validated Copy for Depanmcnt Pink - I~partment File Copy AN ORDINANCE APPROPRIATING $26,311.01 FROM YORKTOWN CROSSING UNIT 2 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WHICH APPROPRIATED THE TRUST FUNDS, BY ADDING $26,311.01 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BEITORDAINED BYTHECITYCOUNCILOFCORPUS CHRISTI, TEXAS: SECTION 1. That $26,311.01 from Yorktown Crossing Unit 2 developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $26,311.01 to the No. 4730 Infrastructure Fund. 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 shall take effect upon first reading as an emergency this the 22~ day of July, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED By: Joseph Ha~yey Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 22 AGENDA MEMORANDUM July 16, 2003 AGENDA ITEM: Motion approving the reimbursement application submitted by the Diocese of Corpus Chdsti, Owner and developer of St. Helena Tract, Block 1, Lot 1for the installation of 1,892 linear feet of a 12-inch PVC water gdd main; and Ordinance appropriating $53,154.42 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation of 1,892 linear feet of a 12-inch PVC water gdd main to develop St. Helena Tract, Lot 1 ,Block 1; and declaring an emergency. Motion approving the reimbursement application submitted by the Diocese of Corpus Chdsti, owner and developer of St. Helena Tract, Block 1, Lot I for the installation of 1,418 linear feet of a 12-inch oversize, overdepth sewer collection line; and Ordinance appropriating $54,034.59 in the Sanitary Sewer Collection Line trust Fund No. 4220 to pay the Diocese of Corpus Chdsti's reimbursement request for the installation of 1,418 linear feet of a 12-inch oversize, overdepth sewer collection line; and declaring an emergency. ISSUE: The Diocese of Corpus Christi, owner and developer of St Helena Church Tract, Block 1, Lot 1, has completed construction of public improvements required to plat and is requesting reimbursement of the installation of a water grid main and an oversize and overdepth sewer collection line within the Wooldridge Road Right -of -Way in accordance with the Platting Ordinance requirements. RECOMMENDATION: Staff recommends approval of the motions and ordinances as presented. Assistant City Manager/Interim Director Engineering Services ATTACHMENTS: Exhibit A Exhibit B Exhibit B~I Exhibit C Exhibit C-1 Additional Background Information Reimbursement Application-Water Gdd Main Location Map-Water Grid Main Reimbursement Application-Wastewater Collection Line Location Map-Wastewater Collection Line AGENDA MEMORANDUM ADDITIONALBACKGROUNDINFORMATION BACKGROUND: (A) The developl~ent and platting of St. Helena Church Tract, Block 1, Lot 1 required a total extension of 1,892 li~ear feet of a 12-inch PVC water gdd main along the north side of Wooldridge Road. The water lineities to the existing 12-inch water line previously installed up to approximately 12-feet west of the center line extension of Quebec Drive at Wooldddge Road. (see Exhibit B-1 - Location Map). The 12-inch water grid main is required by the City's Distribution System Master Plan and is eligible for reimbursement as a water distribution main in accordance with the Platting Ordinance. The total cost, submitted by the Diocese of Coq~us Chdsti for the installation of 1,892-feet of 12-inch PVC grid main, is $ 62,777.42. Because the Diocese of Corpus Christi has not paid the City of Corpus Christi assessed acreage fee of $ 9,623.00 the reimbursed amount due to the developer is the difference between the cost of installation of the 12-inch PVC water grid main and the acreage fee assessed. Therefore, the total reimbursement owed to the Diocese of Corpus Christi is $ 53,154.42 Application for reimbursement has been made in accordance with provisions of the Platting Ordinance. The Application for water grid main reimbursement and supporting cost documentation are attached (see Exhibit B - Reimbursement Application). (B) In addition the development and platting of St. Helena Church Tract, Block 1, Lot 1 required the off-site extension of 1,418 linear feet of a 12-inch PVC oversize / over depth wastewater collection line to the newly platted development (see Exhibit C-1 - Location Map). The 12-inch sanitary sewer line is eligible for reimbursement as an off-site sanitary sewer collection line in accordance with the platting Ordinance. An application for reimbursement in the amount of $ 54,034.59 has been submitted. In accordance with the reimbursement cdteria in the Platting Ordinance, the 19.48acre development is eligible for a remaining reimbursement eligibility of $ 73,340.59. Provisions of the ordinance allows the developer be credited for the actual off-site installation cost up to the amount of his lot / acreage fee upon submittal of an application for credit and approval by the Director of Engineering Services Department. An acreage fee credit of $19,306.00 was granted. Because the acreage fee was not paid at the time of recordation of the plat, the developer is due the remaining reimbursement eligibility minus the acreage fee value ($ 73,340.59 - $19,306.00 = $ 54,034.59). See Exhibit C - Reimbursement Application) CITY ACCEPTANCE: All work is completed, the water grid main and the sanitary sewer line improvements have been inspected and accepted by the City for operation and maintenance. Page 1 of 1 (361)854 3101 P.O BOX 6355 · CORPUS CHRISTI, TEXAS 78466 6355 No. 37536.00.01 FAX (361)854-6001 June 13, 2003 Mr. Walter Jan'in Development Services City of Corpus Chdsti P.O. Box 78469 Corpus Chdsti, TX. 78469 Subject: St. Helena Church Tract Sanitary Sewer Reimbursement and Water Grid Main Reimbursements Dear Walter: As discussed, enclosed herewith is our request for reimbursement for water and sewer lines constructed for the subject project. Attached is the supporting documentation including the credit and reimbursement application forms and final cost amount. We request reimbursements of $73,340.59 less the $19,306.00 fee credit for a net reimbursement of $54,034.59 for the oversize-overdepth sewer improvements and $62,777.42 less the $9,623.00 fee credit for a net reimbursement of $53,154.52 for the water grid main extension. Additionally enclosed are exhibits for your use depicting the scope and location of the improvements. We would appreciate you scheduling this for Council action as soon as possible. Please call should you have any questions or require anything else. Sincerely, ECUsst Enclosures xc: Cy F~lchards, III Art 9~sa Mark ,~imon 2725 SWANTNER DR, · CORPUS CHRISTI, TEXAS 78404 mail@urbaneng,com APPLICATION FOR WATERLINE REIMBURSEMENT We, Diocese of Corpus Ch[isti , owner and developer of proposed St. Helena Church Tract Subdivision, hereby request reimbursement of $ 53,154.52 for the installation of the water main in conjunction with St. Helena Church ~mct Subdivision, as provided for by City Ordinance No. 17092. Said $ 53A54.52 is the construction Cost, including 7-1/2% engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. A Corporate Sole, and His Successors in Office Date THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on .2003 by The Most Reverend ~l~/~td~0o of the Diocese of Corpu~,~hristt, a Corporate Sole, and His Successors in ~,x¢~ .. ~ Notary Pul~ in and for Nu~ces C Texas CERTIFICATION The information submitted with the at0plication for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Tmsmission Mains Trust Fund and (b) appropriate and approval by the City Council. ~tngel Escobar, P.E. Director of Engineering Date I EXHIBIT BJ APPLICATION FOR WATERLINE CREDIT We, Diocese of Corpus Christi , owner and developer of proposed St. Helena Church Tract Subdivision, hereby apply for $ 9,623.00 credit towards the water lot/acreage fee for the Grid Main extension installed in conjunction with St. Helena Church Tract Subdivision as provided for by City Ordinance No. 17092. Said $ 62,777.42 is the construction cost, including 7-1/2% engineering, as shown by the cost supporting documents attached herewith. Bishop of the Diocese of Corpus Christi, A Corporate Sole, and His Successors in Office Date THE STATE OF TEXAS COUNTY OF NUECES o This instrument was acknowledged before me on L ~.~ Edmond Carmodv. D.D.:,, ~s)op of the Diocese of Corpus ffhristi, a Corporate Sole, and His ~ i '~j ~ } i Notar~ eul~ic in and i'o} Nueces/G~ty, Texas ,2003 by The Most Reverend Successom in CERTIFICATION The information submitted with this application has been reviewed and determine to be correct and a credit of $ is herewith approved. Angel Escobar, P.E. Date Director of Engineering Sir. HELENA CHURCH TRACT Job No. 37536.00.01 WATER GRID MAIN EXTENSION FINAL AMOUNT 6/10/2003 ~TEMJ DESCRIPTION FINAL UNIT .~ UNIT TOTAL__` AMOUNT PRICE COST CREDIT/REIMBURSEMENTS: WATER CREDIT/REIMBURSEABLE ITEMS: 1. 12" PVC C-900 .......... 1,892 LF ~ $25.30 $47,867.60 2 12" Gate Valve and Box 5 EA $1,400.00 $7,000.00 3 12"x6" Ductile Iron Tee 4 EA $340.00 $1,360.00 4 12"x8" Ductile Iron Tee I EA $370.00 $370.00 5 12" X45 Degree Ductile Iron Bend 2 EA $300.00 $600.00 6 Tie to existing waterline _ _ I EA $1,200.0~0 $1,200.00 ._ ~ ii~ ~ ..... $58_,397.60 Eng~n~ring~{~ 7.5% . --' $4,379.82 _ ~onstruction '~0~J~ _ .... $62,777.42 .... Less Lot/A~eage Fee C__r~.it~ $9,623.00 _ _ Grid MainlReimbursement .... $53_,154.42 ~J~l : ST HELENA D TCH. 29 - CHURCH WATER LINE - GRID MAIK 1892 L.F. 12"¢ PVC woo~ ~L~~ ~o~ I~1 ~ ~ 0 Shee~ APPLICATION FOR SEWER LINE REIMBURSEMENT We, Diocese of Corpus Chgisti , owner and developer of proposed St. Helena Church Tract Subdivision, hereby request reimbursement of $ 54,034.59* for the installation of the sewer collection line in conjunction with St. Helena Churcl~ Tract Subdivision, as provided for by City Ordinance No. 17396. Said $ 54,034.59' is the construction cost, including 7-1/2% Engineering, in excess of the lot/acreage fee*, as shown by the cost supporting documents attached herewith. ~end Edmond C~D.D., Bishop of the Diocese of Corpug-Chfis~i, A Corporate Sole, and His Successors ih Office Date THE STATE OF TEXAS o COUNTY OF NUECES a This instrument was acknowledged before me on ( ~,~--~ & . ,2003 by The Most Reverend Edmond Carmodv, D.D., Bishop of the Diocese of Corpus~{~hristi, a Corporate Sole, and His Successors in Office. CERTIFICATION [?....' ~Notary [~flrbhc ~n and for Nuecpfl~ounty, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection/Trunk Line Trust Fund (b) appropriation and approval by the City Council ~,ngel Escobar, P.E. Director of Engineering Note: $73,340.59 - $19,306.00 Lot/Acreage Fee = $54,034.59 Date J EXHIBIT C] APPLICATION FOR SEWER LINE CREDIT We, The Diocese of Corpus Christi , owner and developer of proposed St. Helena Church Tract Subdivision, hereby apply for $ 19,306.00 credit towards the sewer lot/acreage fee for the collection line extension installed in conjunction with St. Helena Church Tract Subdivision as provided for by City Ordinance No. 17396. Said $ 146,498.53 5 is the construction cost, including 7-1/2% Engineering, as sho~wa by the cost supporting documents attached herewith. -:Fhe Most Reverend Edmond C~, Bishop of the Diocese of Corpug-C>~sti, A Corporate Sole, and His Successors in Office Date THE STATE OF TEXAS COUNTY OF NUECES This instrument was ac~ ~?dged before me on ~;', :J7~ / '4 ,2002 by The Most Reverend Edmond Carmodv D.D., E[~I~ ~]{~[°~ocese of Corpus Christi, a Corporate Sole, and His Successor~ · -, m Office. .e.: , g '.. %~ ~,x~ff .: ~ Not~ Publi~ in and for Nueces Cgu~ty, Texas %,,, CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit for $. is herewith approved. ~ngel Escobar, P.E. Director of Engineering Date Oversize .~ Overdepth Cost Final Cost Amount PROJECT: ST. HELENA CHURCH TRACT Date: 05-06-0:3 Final ..... Description Amount Unit Unit Price To~al Price A. I>VERS~EtOVERDEPTH St}~I~IARY SBN~'.-i;i lMPROVEMENTS PER ~,I'I~ REOUIRE~NTS 1 12" PVC (14'-16' Cut) 274 LF $66.50 $18,221.0~ 2 12" PVC (12'-14' Cut) 926 LF $35.10 $32,502.6~ 3 12" PVC (10'-12' Cut) 218 LF $24.70 $5,384.6~ 4 Claes 'D' Embedment 1418 _ LF __ _ $6.30 5 OSHA Trench Protection 1418 LF $5.50 $7,799.0~ 6 ~Ve]l Points ( As Required ) 1200 LF $0.50 $600.0~ 7 5' Diameter Manhole (14'-16' D~p~ 1 ___EA $8,600.00 $8,600.0~ 8 5' Diameter Manhole (12'-14' D~p) .... 4 EA $7,800.00 $31,200.0~ 9 5' D_'_~meter Manhole (10'-12` D~p~_ I EA_~ $6,800.00 $6,800.0~ 10 ~" PVC Stub-Out w/End Cap 1 EA $350.00 $350.0~ 11 12" P¥C Plug I LS $200.0C $200.0~ 12 Tie to Existing Manhote__~_ I LS _ $3,000.0~ $3,000.0G ; 13 Bore Under Telephone Boxes into Manhole I LS __ $9,000.0C SANITARY SEWER (A) SUB-'[0TA_L_: $132,690.66 B. SANITARY SEWER TO SERV~ ST. HELENA ~RACT I 10" PVC (10'-12' Cut) 720 LF $22.5C $16,2(X).00 -~ 10" PVC (8'-12' Cut) 176 LF $19.5C $3,432.00 3 Claes 'D' Embedment 896 LF $4.3C $3,852.80 ~ 4 OSHA Trench Protection 896 LF $4.5C $4,032.00 I 5 5' Dia Manhole (10'-12'beep) .... 3 EA $6,800.0C $20,400.00 I 6 5' Dia. Manhole (8'-10' Deep) I EA $5,800.0C $5,800.00 17 5" PVC Stub-Out w/End Cap I EA_ $350.0C $350.00 Tie to Existing Manhole I EA $2,500.0C $2,500.00 i 9 Bore Under Telephone Box~ into Manhole I - LS $7,800.0C .... $7,800.00 1 i~i i~ ~~~A/EER(B) SUBTOTAL: ' $64,366.80 OVERSLZE/OVERDEPTH REIMBURSEMENT AMOUNT (A - B _ $68,223.80. ENGINEERING: 7.5% $6,116.79 TOTAL OVERSIP'E/OVERDEPTH REIMBURSEMENT $73,340.59_. LESS ACREAGE FEE/CREDIT $t9,306.00 REIII~IBURSEMENT AMOUNT REQUESTED $54,034.59 Page 1 · ~" ' ' "I ' ~EAB(~WHE;GHTS~ ' ! .... T ~4' R~ ' H~LL? Rd. ~ ~ ' ~[~ ~t ST HELENA / I - ~'~ ~ i ~ ~P DITCH 29_ . - ST. HELENA CHURCH TRACT SA~IIA~Y S[W[~ :' ~ ~ ~ 0 ~ SAINT HELENA CHURCH TRACT LOCATION MAP ~V~SIZE/OVERDEP TH SAN/FAR Y SEWER ~.~.. ~0~¢ EXHIBIT C-1 · ~ Sheet 1 of AN ORDINANCE APPROPRIATING $$$,154.42 FROM THE WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030- 209010 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 1,892 LINEAR FEET OF AN 12- INCH PVC WATER ~RID MAIN TO DEVELOP ST. HELENA CHURCH TRACT, LOT 1, BLOCK 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CiTY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $53,154.4:Z from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-209010 is appropriated to pay developer (Diocese of Corpus Christi) reimbursement request for the installation of 1,892 linear feet of a 12-inch PVC water grid main to develop St. Helena Church, Lot 1, Block 1. 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 shall take effect upon first reading as an emergency this the 22nd day of July, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: Joseph H r~ney Assistant City Attorney For City Attorney ,2003. AN ORDINANCE APPROPRIATING $54,034.59 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY THE DIOCESE OF CORPUS CHRISTI'S REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 1,418 LINEAR FEET OF A 12-INCH OVERSIZE, OVERDEPTH, SEWER COLLECTION LINE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $54,034.59 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay the Diocese of Corpus Christi's reimbursement request for the installation of 1,418 linear feet of a 12-inch oversize, overdepth, sewer collection line. 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 shall take effect upon first reading as an emergency this the 22nd day of July, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ,2003. By: Joseph a~rney/% Assistant City Attorney For City Attorney 23 AGENDA MEMORANDUM July 22, 2003 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute a Change Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out. FUNDING: Funding is available from the Arena and Water CIP Funds. RECOMMENDATION: Approval of the ordinance and motion as presented. 7 IF ~'~¢~- nge . sco ar, Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Actions Preliminary Budget Location Map H:\HOME\KEVIN S\GENWrena\CO3Memo,doc ADDITIONAL INFORMATION SUBJECT: Multi-Purpose Arer~a - (Project No. 4236) BACKGROUND: Council appro proposal submitted by Fulton-Co the best value. The sealed prop( 2002. The evaluation and rank Government Code (Section 271. the sealed proposal process to n ced the ranking of the firms on November 5, 2002. The ~stcon, Corp., Joint Venture was determined to represent sals were received and opened on Monday, October 21, lng occurred within the 45 days required by the Local 118). The Local Government Code permits cities using .~gotiate with the selected firm options for scope and time modifications and price changesl. Contract negotiations and valueiengineering resulted in a revised not to exceed price of $34,232,798 for the Multipurpos~e Arena. This amount represents the realistic minimum price that will result in all of the cd~mmitments made being fulfilled regarding design, quality, and open ng prior to the beginnir~g of the 2004 basketball season. The total savings from value engineering included in ~the contract awarded was $3,243,202. The specific modifications negotiated did not impact the architectural design, finishes, functionality, and public areas of the arena. The final contract price included $1,500,000 of mechanical improvements for the Convention Center Expansion project resulting in a total contract award of $35,732,798. CHANGE ORDER No. 3: Change Order No. 3 provides for the build-out of the suites on the south side of the Arena. It has been the intent to complete the build-out through a change order once the project had progressed closer to completion. A review of the remaining work and likelihood of future change orders allows the City to proceed with the suite build-out. The only known remaining issue to be funded through contingency funds is aisle lighting for which adequate funding exists. The contractor agreed to guarantee the bid price provided a change order was awarded by July 31,2003. FUNDING: The change order will be funded by the Arena CIP Fund. The project budget is attached. See Exhibit D. H:\HOME\KEVINS\G EN~Arena\CO3Bkg ExhA.doc EXHIBIT "A" Page I of 1 PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CiP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Au,qust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:\HOME\KEVINS\G EN~Arena\CO3PriorActionsExh B,doc EXHIBIT B Page 1 of 4 Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initlative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 ~Subject to approval by the U. S. Housing and Urban Development in the No. 105~0 Federal State Grants Fund for the FY2001 Economic Development Initiative Speci~al Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. NoI 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Bl~)ck 72, Beach Addition with TRT Development Company for a purchase price of $3,3t9,084 (M2001-340). September 11, 2001 - Motion a~ithorizing the City Manager, or his designee, to execute a geotechnical investigation and s~tudy in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). December 17, 2002- a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of H:~-IOM E\KEVIN S\GENV~rena\CO3PriorActions Exh B,doc the Area; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) M2002-430. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013. January 21,2003 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003- 032). May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for the Multi-Purpose Arena Jn the amount of $572,309 with Fulton-Coastcon, Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other systems (M2003-173). July 8, 2003 - · Ordinance appropriating $30,485 in unappropriated interest earnings from the Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch water line and two fire hydrants for the multiple purpose arena; amending the Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $30,485. · Motion to authorize the City Manager, or his designee, to execute a Change Order No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions including masonry, plumbing, water main, fire hydrants, electrical, mechanical, structural steel, telecommunication, fire standpipes, fire protection, and solid plastic toilet partitions. PRIOR ADMINISTRATIVE ACTIONS: July 31,2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for amhitectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. FUTURE COUNCIL ACTIONS; Council will be requested to award an Cqnstruction contract for the reconstruction of Shoreline in front of the Arena and Convention Center. This will require the subsequent award of construction and testing contracts. Additional change orders may be necessary as construction progresses. A change order for the suite build out will be presented to EXHIBIT B H:\HOME~KEVI NS\GEN~Arena\CO3PriorAcfions Exh B.doc Council for consideration in July. The purchase ice making equipment for the Arena floor will need to be addressed as part of the lease agreement with the Rays. Several furnishings, fixture and equipment packages that are not part of the construction contract will require award by Council. These include: · Concession/food service equipment; · Scoreboard; · Seating; · Signage; and · Other FFE items. H:\HOME\KEVlNS\GENV~rena\CO3PdorActionsExh B.doc MULTI-PURPOSE ARENA Arena Project Budget 8-Jul-03 Project Revenues Short Term Note Federal Grant Arena Sales Tax Fund Balance Contribution Water CIP Fund Bond Proceeds Project Expenditures Pay Off Note Land Acquisition Construction Change Order No. 1 Change Order No. 2 Change Order No. 3 Less mechanical share for Convention Center Streets Signage Contingency NE Geotechnical Project Management PM Construction Phase (1) Art (1.25%) Materials testing/laboratory FF&E Seating Engineering ISF Reimbursement 5,000,000 498,900 500,000 30,485 49,575,939 55,605,324 5,000,000 3,319,084 35,732,798 572,309 121,118 595,000 (1,500,000) 400,000 349,914 281,942 3,247,549 27,880 288,500 1,287,500 427,730 230,000 3,300,000 1,800,000 124,000 55,605,324 Exhibit C Page 1 of 1 File \ Mproject \ councilexhibits \ exh4 2 36.dwg SHIP CHANNEL HARBOR BRIDGE N PROJECT SITE PROJECT NO. 4236 MUL TI - PURPOSE ARENA CITY OF CORPUS CHRISTI, TEXAS VICINITY MAP NOT TO SCALE CORPUS CHRISTI BAY EXHIBIT CITY COUNCIL EXHIBIT DEPAR~T OF ~NEERING S~C~ PAGE: 1 o¢ 1 DATE: 07-08-2005 24 CITY COUNCIL AGENDA MEMORANDUM July 22, 2003 SUBJECT: Acquisition of Parcel 8A International Airport Expansion (#1023) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Katherine Cecelia DeMott, et al. in the amount of $86,081 plus $1,200 in closing costs, for the purchase of fee simple property rights for Parcel 8A, being 29.683 acres out of Tract No. 8, Margaret Kelly Land, located south of the Corpus Christi International Airport (CCIA) between County Roads 2292 and 763 in connection with the International Airport Expansion Project (#1023) and for other municipal purposes. ISSUE: In June 1990, a Master Plan was approved by City Council which proposed acquisition of lands for the expansion of the Corpus Christi International Airport (CCIA). Three tracts of land have been identified and selected for current acquisition. Land acquisition staff has finalized negotiations with the landowners for Parcel 8A. A real estate sales contract for the appraised value of $86,081 has been executed by the landowners. Approval of the contract is now required by the City Council and execution by the City Manager or his designee. REQUIRED COUNCIL ACTION: City Council approval is required for land acquisition contracts and expenditures exceeding $25,000. FUNDING: Aviation 550701-3020B-00000-100030 CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. ~¢F-Angel R. Escobar, P. E. ' Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Parcel Location Map Future Airport Boundary Map Information Summary Contract Summary H:\HOME\EUSEBIOG\GEN~Agenda Items\CClA Expansion. DeMott~Agenda Memorandum.doc BACKGROUND INFORMATION July 22, 2003 SUBJECT: Acquisition of Parcel 8A International Airport Expansion Project (#1023) PRIOR COUNCIL ACTION: 7. 8. 9. 10. 11. 12. 13. October 1977 - Authoriz( d acquisition, at the approved values, of Parcels 2, 3, 4 ~ ~ ~oca--~-ed north of M, :Gloin Road and east of Bockholt Road, containing 346.082 acres. February 1979 - Authoriz .=d acquisition of Parcel 2 located east of Bockholt Road containing 135.294 acres an increase of 77.548 acres over the original approved acreage. July 1979 - Authorized acquisition of Parcel 1 located east of Bockholt Road and south of Highway 44 codtaining 116.871 acres and appropriated $126,493.90 to supplement a prior apprc~priation. September 1979 - AutHorized acquisition of 4.576 acres for the Runway 31 Approach Lighting Syste~. November 1986 - Authori;~ed acquisition of Parcel 14c-d located south of Bear Lane and east of Joe Mireur Read containing 199.586 acres and appropriated $907,350 from the Airport Bond Fund. June 1990 - Ordinance adopting CCIA Master Plan. October 31, 1995 - Adoption of the FY95-96 Capital Budget and Recommended 1996-2000 Capital Improvement Planning Guide, amended December 12, 1996. June 18, 1996- Authorized acquisition of Parcels 8b, 8c, 15a, 15b and 15c located on FM-763 (Joe Mireur Road) containing 140.915 acres. December 15, 1998 -Authorized acquisition of Parcel No. 8-D1 located on FM-763 (Joe Mireur Road) for the Airport Land Acquisition project. July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 3, Land Acquisition and Airport Project No. 22, Land Acquisition (Part 150 Study). September 28, 1999 - Ordinance adopting the CCIA Master Plan Update, Draft Part 150 Noise Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal Terminal Development Study. January 25, 2000 - Motion authorizing the acquisition of Parcel 16b, located east of FM 763 (Joe Mireur Road) between Old Brownsville Road and Bear Lane for $211,338 in connection with the Corpus Christi International Airport Land Acquisition Project. March 25, 2003 - Resolution authorizing eminent domain proceedings to acquire three tracts of land for the International Airport Expansion project. (Resolution No. O2525O) Exhibit A Page 1 of 2 FUTURE COUNCIL ACTION: Authorize the acquisition of pamels whose cost exceeds $25,000; and authorize the payment of any Special Commissioners' Awards for the condemnation of any required parcels. OVERVIEW: In June 1990, the original Master Plan was approved by City Council which established boundaries for the airport's expansion and long term needs. On September 28, 1999, City Council adopted the CCIA Master Plan Update, which expanded the previous airport development plan to its ultimate capacity and addressed both existing and future land uses around the airport. Approximately 425 acres located south and east of the existing airport boundary were recommended for near-term acquisition. This area would be exposed to high noise levels and would be needed as a buffer zone. Following acquisition, it was recommended that these areas remain as open space or be developed with land uses compatible with aircraft noise exposure. City Council approved the draft FAR Part 150 Noise Compatibility Study for submittal to Federal Aviation Administration (FAA) for their approval on September 21, 1999. Current plans call for the acquisition of three tracts of land labeled as SA, 8D-2, and 8E. A map marked "Exhibit B" shows the location of the tracts. In addition, a map marked "Exhibit C" shows the location of these tracts in relation to the outer boundary of the updated Airport Master Plan. Parcel 8E will be utilized for drainage purposes. Land Acquisition staff has made offers to all the landowners based on appraised values. Negotiations with the landowners for Parcel 8A have been finalized. A real estate sales contract for the appraised value of $86,081 has been executed by the landowners. The City will acquire fee simple dghts to 29.683 acres of land, excluding any mineral rights. Upon approval by the City Council and execution by the City Manager or his designee, the contract will be escrowed at First American Title Company. H:\HOME\EUSEBIOG\GEN~Agenda Iterns\CCIA Expansion,DeMott\Background Info.doc Exhibit A Page 2 of 2 File : \Mproject\londocc~\exh1023.dw9 ~,. CORPUS CHRISTII I ~ INTERNATIONAL k~ ACOUISI 7 ION '~'% SUBJECT PARCEL VZCZNZTY MAP NOT TO SCALE EXHIBIT B CITY PROJECT No. 102~ CITY COUNCIL EXHIBIT INtERNAtIONAL AIRPORT EXPANSION ~r~r oF ENGINE~RtNG SERVtCES PARCEL 8A PASE: I of ~ Cl~ OF CORPUS CHRISTI, TEXAS DATE: 07-14-200J CITY OF CORPUS CHRISTI CORPUS CHRISTI INTERNATIONAL AIRPORT FUTURE LAND ACQUISITION CORPUS CHRISTI, TEXAS EXHIBIT C INFORMATION SUMMARY Owner: Location: Zoning: Size: Platted: Tax Value: Appraiser: Appraised Value: Negotiated Price: International Airport Expansion (#1023) Parcel 8A Katherine (~ecilia DeMott, et al. South of th~ International Airport between County Roads 2292 and 763 Part within lhe City limits is FR, Farm Rural. Remainder is outside the City limits (OCL). 29.683 acres No $59,248 or$1,996/acre (2002) John A. EriCkson, SRA $2,900 per acre Total Just Compensation $86,081 The appraised value of $86,081 was offered to the owners. The owners responded stating that they felt the offer was Iow based on compensation received in previous acquisitions. After researching and responding that the city's offer was a fair reflection of current market value, the owners asked for more time to settle their estate. On March 25, 2003 the City Council approved Eminent Domain proceedings by Resolution No. 025250. Subsequently, the owners responded and accepted the appraised value previously offered. EXHIBIT D CONTRACT SUMMARY Project #1023: International Airport Expansion Parcel 8A This Contract is entered into by Katherine Cecelia DeMott, et al., of 26440 White Eagle, San Antonio, Bexar County, Texas 78258, "SELLER", Collectively, and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, "BUYER" Terms: 1, Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: 29.683 acres of land out of Tract number 8, Margaret Kelly Land 2. Purchase Price - $86,081 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seller, up to and including 2002. Taxes for 2003 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. The sale of the property shall mean and include the Surface Estate Only, and shall not include any interest in the mineral estate. EXHIBIT E 1 of 2 12. The current year's crops on the property shall remain the property of the sellers and their tenants, with lhe right of ingress and egress for the cultivation and harvesting thereof. EXHIBIT E 2of2 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/22/03 AGENDAITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $296,826 from the Texas A~tomobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcen~ent grant within the Police Department. B. Ordinance appropriating $2(36,826 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Poli~e Grants Fund; appropriating $13,812 from the No. 1061 ATPA Asset Seizure and FOrfeiture Account to, and authorizing the transfer of $47,168 from the No. 1020 Cash cor~tribution to Grants to the No. 1061 Police Grants Fund. ISSUE: The ATPA has awarded Year Three funding to the City of Corpus Christi and the grant must be accepted and funds appropriated. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 04/22/03. FUNDING: Due to reductions in the State budget, the award has been reduced by $91,669. In ~3rder to comply with this decrease and maintain the City match as approved by City Council, it is necessary to reduce the grant by one civilian, an Application Specialist V. The specialist is ~ charge of mapping the crime data that is then distributed to the detectives and field officers. The grant does include funding for a Lieutenant to supervise the Unit, two sworn CCPD officers, one civilian Crime Analyst, and one civilian Management Assistant. The two civilians conduct data analysis, cdme analysis, manage the required public awareness campaign, and maintain all grant paperwork. Funds are also included for a temporary data entry clerk to assist with daily entry of auto theft crime information. The City will provide $16,899 in in-kind costs through the office space and other supplies with the Law Enforcement Trust Fund providing $23,700 for equipment. This is the first year for a required 20% City match. $13,812 in proceeds from the sale of seized or forfeited equipment as a direct result of work conducted by the Unit are being used to assist with the match CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds. Attachments: · Award documents P~--Alvarez, Jr. Chief of Police BACKGROUNDINFORMATION The ATPA was established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. Due to reductions in the State budg~et, the award has been reduced by $91,669 or 23%. This decrease was one of only three in t~e State with other grants reduced by 34% or receiving no funding at all. The ATPA has state, that the odginal level of funding may be renewed as eady as FY 05/06. In order to comply with this decreas~ and maintain the City match as approved by City Council, it is necessary to reduce the grant byone civilian, the Information Technology Specialist. The specialist is in charge of mapping the cdme data that is then distributed to the detectives and field officers. The Auto Theft Unit sI proactive enforcement efforts wdl be affected, as the number of maps produced by the unit will b~ reduced. Every effort will be made to place the employee in another position with the City by the beginning of the new grant, 09/01/03. The Auto Theft Unit focuses on stollen vehicles as well as the estimated 40 or so salvage yards in an effort to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well aS other cdme prevention programs focusing on reducing auto thefts. ORIGINAL Watch Yeur July 7, 2003 Mr. George K. Noe Acting City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: GRANT NBR: SA-T01-10045-04 YEAR OF FUNDING: 3 APPLICATION: City of Corpus Christi TITLE: Corpus Christi Auto Theft Prevention Grant AMOUNT: $ 296,826 Dear Mr. Noe: I am pleased to inform you that the above referenced grant is approved in the amount indicated. The grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice in the pre-addressed envelope provided. A copy of the Automobile Theft Prevention Authority's Grant Administrative Guide is being forwarded under separate cover to the financial officer designated in your grant application. I look forward to working with you to ensure the success of your program. Any questions relating to the administration of this grant should be directed to our office by calling the Grant Administrator, Charles Caldwell (512) 374-5108. Sincerely, Susan Sampson Director, ATPA Texas Automobile Theft Prevention Authority Statement of Grant Award Grant Number: Grantee: Project Title: Grant Period: SA-T01 ~10045-04 City of Corpus Christi Auto Theft Prevention Grant 09/01/2003 - 08/31/201~4 ATPA Award: $296,826 Grantee Cash: $84,680 Grantee In-Kind: $12,488 Total Project Cost: $393,994 The Texas Automobile Theft Prevention AUthority (ATPA) has awarded the above-referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ATPA Grant Administrative Guide promulgated for this specific program fund (referenced above) through the Automobile Theft Prevention Authority a listing of applicable special conditions are listed below. Total project costs must be aCcounted for in accordance with the Uniform Grant and Contract Management Standards and the Administrative Guide. GRANTEE REQUEST FOR FUNDS All Grantee request for funds shall be submitted to ATPA in accordance with the instructions provided by ATPA and shall be in the form required by ATPA. Requests for funds will net be honored until all special conditions outlined on the Statemer~t of Grant Award and action required on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Administrative Guide for this specific program fund. Special Conditions and Requirements: Cooperative Working Agreements Interagency Agreement and Approval July 7, 2003 AWARD DATE SUSAN SAMPSON Automobile Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78779 512/374-5101 GRAN~EE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Corpus Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Theft Prevention Authority, State of Texas, entitled Auto Theft Prevention Grant and further identified by grant number SA-TO 1-10045-04 ; and Whereas, the Automobile Theft Preven~on Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Theft Prevention Authority dated 07/07/2003 certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Contract Management Standards and spe~al requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible gor submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is Project Director NON-LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Theft Prevention Authority. Certified By: Date: Sig~natu~e of Pr~ P. Alvarez, Jr.~ef of Police Name & Title(mustg6~int or type) P. O. Box 9016 Official Agency Address(street or post office box) Signature of Financial Officer I~e grin Dumbauld, Finance Director Name & Title(must print or type) P. O. Box 9277 Official Agency Address(street or post office box) Cnrp. u.q Chri.~i: Texas 78469 City/Zip Code/Telephone Number 361-886-2604 Corpus Christi, Texas 78469 City/Zip Code/Telephone Number 361-880-3600 Signature of Authorized Official George K. Noe, City Manager Name & Title (must print or type) P. O. BOX 9277 Official Agency Address (street or post office box) ~nrpng chri~q~i: Toaras 7~46~ 361-880-3222 City/Zip Code/Telephone Number l~exas Automobile Theft Prevention Authority Approved Budget Summary Grant Number: SA--T01-10045-04 Region: 2000 Grantee: Corpus Christi, City of Date: 07/07/03 Project Title: Corpus Christi Auto Theft Prevention Grant Grant Period: 09/01/2003 to 08/3112004 Funding Source: Automobile Theft Prevention Authority/TxDOT ATPA Cash Match In-Kind TOTAL A. Personnel: $285,759 $52,939 $338,698 B. Contractual: $0 C. Travel: $5,126 $5,126 D. Equipment: $21,600 $21,600 E. Supplies: $5,941 $10,141 $12,488 $28,570 F. Indirect: $0 Total: $296,826 $84,680 $12,488 $393,994 Budget Detail: A. Crime ,Analyst 100% $29,830; Management Assr 100% $26,240; Lieutenant 100% $46,218; St. Officer 100% $39,856; Sr. Officer 100% $39,856; Staff Asst 75% $14,530; Overtime $7,593; Fringe Benefits $81,636. Local Travel: Management Asst III $730 In-State: ATPA Conf. $1,191; SATI-DPS $450; Financial Crimes-Ins Fraud $495; TAVTI $1,760. Out-of-State: NICB-Basic Academy $500 F. Pager (8) $441; Public Awareness Media $5,000; Postage $500 -Law Enforcement, Detection and Apprehension AN ORDINANCE APPROPRIATING $296,826 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUN]); APPROPRIATING $13,812 FROM THE NO. 1061 ATPA ASSET SEIZURE AND FORFEITURE ACCOUNT TO; AND AUTHORIZING THE TRANSFER OF $47,168 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDA1NED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $296,826 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the. Police Department. SECTION 2. That $13, 812 fiom the ATPA Asset Seizure and Forfeiture Account is appropriated in the No. 1061 Police Grants Fund as a grant match. SECTION 3. That $47,168 is transferred from the No. 1020 Cash Contribution to Grants Fund to the No. 1061 Police Grants Fund as a grant match. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED AS TO FORM THIS THE 17TM DAY OF JULY, 2003 Step'hen R. ZastrC0~V Assistant City Attorney For The City Attorney Samuel L. Neal, Jr., Mayor City of Corpus Christi 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: Ordinance appropriating $509,474 in Passenger Facility Charge Fund 4621; transferring $288,185 into the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund 4641 for Debt Service payments on Airport Improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509,474; and declaring an emergency ISSUE: Additional Passenger Facility Charge (PFC) funds need to be appropriated for the debt service expenditure and year end accrual for the Series 2000A and 2000B Bonds. The original financing plan included the utilization of PFC revenue for repayment of the bonds, as well as Operating Funds and Capitalized Interest. REQUIRED COUNCIL ACTION: Approval of the Ordinance as presented. PREVIOUS COUNCIL ACTION: 1. September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2. September 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31, 1998 (Ord. 023057) 3. December 18, 1997 - Ordinance to submit an application (No. 2) to FAA to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1, 1998 (Ord. 023165) 4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1,2023. (Ord. 024603) 5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord. 024585) 6. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to January 1, 2027. (Ord. 025166) 7. March 25, 2003 - Ordinance approl~riating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2D00A Debt Service Fund 4640 and $265,275 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY 2002-2003 Capital Budget adopted by Ordinance no. 025144 to increase appropriations by $995,812; and declaring an emergency FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $509,474 CONCLUSION AND RECOMMENDATION: Staff recommends approval. Attachments: Exhibit A: Background Department Head Signature BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December' 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approxim~ely 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25, 200t. The approved amendment includes revisions to project scopes and/or budgets for completed, in-progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application ~vere required to support the Council-adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. Previously this fiscal year, Passenger Facility Charge Revenues were appropriated for the bond debt service payments which did not include the accrual through the end of the fiscal year. This transfer will balance the Bond Debt Service Funds at year end. Exhibit A ORDINANCE APPROPRIATING $509~474 IN PASSENGER FACILITY CHARGE FUND 4621; TRANSFERRING $288,185 INTO THE AIRPORT 2000A DEBT SERVICE FUND 4640 AND $221,289 INTO THE AIRPORT 2000B DEBT SERVICE FUND 4641 FOR DEBT SERVICE PAYMENTS ON AIRPORT IMPROVEMENTS; AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED By ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY $509,474; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CIi'Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEX~S: SECTION 1. That $509,474 in Passenger Facility Charge Fund is appropriated to transfer $288,185 into the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements. SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $509,474. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST THECITYOFCORPUS CHRISTI Armando Chapa City Secreta~,r,~ A oved: _~ l ''''/ ,2003 /'A~sistant City Attorney {,,For The City Attorney Samuel L. Neal, Jr. Mayor 27 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: City Council Action Date: July 22, 2003 Ordinance appropriating $79,026.6~) in unappropriated interest earnings in Airport 1990 CIP Fund No. 3022 for the Airport Terminal Project; amending FY 2002~2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $79,026.69; and declaring an emergency ISSUE: The interest income from the proceeds of this bond issue in this fund has not been appropriated. This ordinance will allow the appropriation Of the interest income which shall be used for the Terminal Project. This will also allow staff to cl(~se the fund upon final expenditure of the unappropriated interest. REQUIRED COUNCIL ACTION: Approval of Ordinance. PREVIOUS COUNCIL ACTION: None FUNDING: Funds are available in Airport 1990 ClP Fund 3022 $79,026.69 CONCLUSION AND RECOMMENDATION: Staff recommends approval. Attachments: Exhibit A: Background Department Head Signature BACKGROUND INFORMATION BACKGROUND: The interest income from the proceeds of this bond issue in this fund has not been appropriated. This is interest that has accumulated in this fund over several fiscal years. This ordinance will allow the appropriation of the interest income which shall be used for the Terminal Project. This will also allow staff tO close the fund upon final expenditure of the unappropriated interest. ORDINANCE APPROPRIATING $79,026.69 IN UNAPPROPRIATED INTEREST EARNINGS IN AIRPORT t990 CIP FUND NO. 3022 FOR THE AIRPORT TERMINAL PROJECT; AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY $79,026.69; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY!COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $79,026.69 is appropriated in unappropriated interest earnings in the Airport 1990 CIP Fund No. 3022 for the Airport Terminal Project. SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $79,026.69. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary (~P~PROVED: July 16, 2003 , ohn-Burke -- Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 8,2003 ,,A.G.E, NDA ITEM: Zoning Ordinance text amendment to the "B-5" Primary Business District, B-6' Primary Business Core District, and Article 22, Off-street Parking Regulations in order to eliminate required off-street parking in the downtown area. ISSUE: Current regulations require the !provision of off-street parking in the downtown area for residential development. REQUIRED COUNCIL ACTION: Approval of the proposed Zoning Ordinance text amendment to Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary Business Core District and Article 22, Off-street Parking Regulations and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed Zoning Ordinance text amendment to Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary Business Core District, and Article 22, Off-street Parking Regulations. Attachments: Ordinance Boundary Map of "B-5" and "B-6" Districts H:\PLN-D1R\ERMA\WORD~ZORD~ARTICLES 171822PARKINGAG EN DAM EMO.DOC BACKGROUNDINFORMATION The Downtown Management DiStrict requested that,the ,,City review the off-street parking requirements for the downtown~rea. The current B-6 Primary Core Business District does not require any off-stree~parking except for dwelling units. The abutting "B-5" Primary Business District requires off-street parking for all uses with some uses having a reduced parking requirement. Staff reviewed the parking requirements in Dallas, Fort Worth, Austin and San Antonio. Dallas had reduced parking req¢irements while Austin, Fort Worth and San Antonio had no off-street parking requirements for the central business district, including residential uses. The aforementioned cities had reduced off-parking requirements for uses in the abutting commercial district. The Downtown Management District has indicated that the market and lenders will dictate the amount of off-street parking a project must provide. On June 18, 2003, the Planning Commission held a public hearing unanimously voted to recommend approval of the proposed text amendment. H:\PLN-DIR\ERMA~WO RD~ZORD~A RTICLES 171822PARKINGAG ENDAM EMO.DOC AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 17, "B-5" PRIMARY BUSINESS DISTRICT, ARTICLE 18, "B-6" PRIMARY BUSINESS CORE DISTRICT, AND ARTICLE 22, OFF-STREET PARKING REGULATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning th~ amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18, 2003, during a meeting of the Planning Commission, and on Tuesday, July 8, 2003, for the first reading and on Tuesday, July 15, 2003, for the second reading, 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 revising Article 17, "B-5" Primary Business District, to read as follows: "ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, e){cept for properties located east of U. S. Highway 181 and Upper Broadway Street where off-street parking is not required. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 18, "B-6" Primary Business Core District, to read as follows: "ARTICLE 18. "B-6" PRIMARY BUSINESS CORE DISTRICT REGULATIONS H:\LEG-DIRUOSEPH\ORD-PARKINGB5-B6.DOC 2 Section 18-3 Parking Regulations. There are no parking requirements in the "B-6" Primary Business Core Distnct fc .......... '.-'~ T~'~ SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 22, (~ff-Street Parking Regulations, to read as follows: "ARTICLE 22. OFF-STREET PARKING REGULATIONS Section 22-2 Interpretation of l~he Chart: 22-2.01 There are no parl~ing regulations for the "B-6" Primary Business Core D~stnct .... ,. ............. ~. 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 any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRUOSEPH\ORD-PARKINGB5-B6.DOC 3 That the foregoing ord,~ance was read ~or t,he first time and passed to its second reading on this the '7~ day of , _)L~ JL-I ,2003, by the following vote: Samuel L. Neal, Jr. ('~%~ .~ Bill Kelly Brent Chesney (~/-'~' 2 Rex A. Kinnison Javier D. Colmenero ~.~.~ Jesse Noyola Melody Cooper ~ (~_ ? Mark Scott Henry Garrett (~t'~ v. That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ., 2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: Joseph H~rne~ 'J~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2003; H:\LEG-DIR~JOSEPH\ORD-PARKINGB5-B6 DOC :hristi Ship Channel LEGEND I I I I Demarcation Line ~ ZONING B-5 17JUN031 HK CITY OF ' See B.2 CORPUS CHRISTI BAY ~.,~ B-5 & B-6 ZONING 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22,2003 AGENDA ITEM: Amendment t(~ the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund, using the trust fund to install trunk force mains and lift stations, adding the Storm Water ColleCtion Sewer Trust Fund, and revising reimbursements procedures to developers. ISSUE: · Developers prepare to develop areas that would require major trunk line extensions, · No mechanism to reimburse developers for expenditures of installations of lift stations and trunk force mains, and · Create a mechanism for cost sharing with developers in the installation, over-sizing, over-depth of storm water collection sewer (pipes and boxes). REQUIRED COUNCIL ACTION: Approval of the proposed amendments to the Platting Ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund, using the trust fund to install trunk force mains and lift stations, adding the Storm Water Collection Sewer Trust Fund, and revising reimbursements procedures to developers. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed Platting Ordinance text amendment. ~'Michael N:Gunning, AICP ' Assistant Director of Development Services/Director of Planning Ange R. Escobar, P.E. -- -- Director of Engineering Services Attachments: Ordinance H :~PLN-DIR\ERMA\WORD\ZO RD\PLA TTINGO RDIN ANCE SEWERTRUNKFUNDAGENDAM EMO.DOC BACKGROUNDINFORMATION The amendments to the PlattinfJ Ordinance will rename the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund; allow the use of monies from the trust fund for the installation of trunk force mains and lift stations; add a Storm Water Collections Sewer Trust Fund, ~nd revise the reimbursement procedures to developers. Below are details of the major changes: · Renaming the Sanitary Slower Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund. · Authorizing reimbursements from the Sanitary Sewer Trunk System Trust Fund for the construction of sanitary sewer force trunk mains and lift stations, in addition to the sanitary sewer trunk lines. · Requires projects to be constructed to comply with applicable utility master plan to be eligible for reimbursement. · If a master plan amendment is required before a project is constructed, the developer is responsible for preparing the amendment. · In order to get reimbursed, the City Council must approve an infrastructure construction and reimbursement contract before any work is done. · Order of reimbursement will be based on the order in which the City Council approves the infrastructure construction and reimbursement contract. · Establishes the Storm Water Collection Sewer Trust Fund. The effective date will be delayed until the new Storm Water Master Plan is adopted. In order to implement the proposed amendments, the City is developing three separate contracts for infrastructure construction and reimbursement to developers. · A simple contract (short form) that will be used to reimbursement the developer at the end of construction. Bonds and insurance will not be required. · Two detailed contracts (long form) that will be used to make progress payments to the developer during construction. Both contracts will based on typical City engineering contracts, and will include requirements for insurance, performance and payments bonds, etc. Both contract required require City Council approval prior to construction. Agenda Memorandum Platting Ordinance Text Amendment Page 2 One contract will be for projects exceeding 30% of the value of all required infrastructure of the proposed development and will require compliance with the State's competitive bidding procedures. · The contracts will be worked out with the Developer before the project starts, and the developer will normally have the option of the type of contract. The exception will be when the project dequires competitive bids. The Sanitary Sewer Trunk Line Trust Fund was created in 1982. Since its inception, there have been no requests from delvelopers for reimbursements. There have been two (2) transfer of funds from the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Collection Line Trust Fund. The current balance of the Trunk Line Trust Fund is over $5.1 Million and expected to grow to over $7.7 Million in the next five (5) years. Developers have not been asl4ing for reimbursement from the Trunk Line Trust Fund because of the small size of the projects to justify the large expense of a trunk main, availability of trunk mains for connections and the use of temporary lift stations to accommodate current development. On July 16, 2003, the Planning Commission unanimously recommended approval of the proposed Platting Ordinance text amendments. There were several members of the development community that spoke in favor of the amendments during the public hearing. H:\p LN -DI R\ERMA\WORD~ZORD\PLATTINGORDINANCE S EWERTRUNKFUNDAGEN DAM EMO.DOC AN ORDINANCE AMENDING THE PLATTING ORDINANCE BY RENAMING THE SANITARY SEWER TRUNK LINE TRUST FUND TO THE SANITARY SEWER TRUNK SYSTEM TRUST FUND AND AUTHORIZING THE USE OF THE SANITARY SEWER TRUNK SYSTEM TRUST FUND FOR THE INSTALLATION OF TRUNK FORCE MAINS AND LIFT STATIONS, BY ADDING THE STORM WATER COLLECTION SEWER TRUST FUND, AND BY REVlSlNGi THE PROCEDURES FOR OBTAINING REIMBURSEMENTS TO DEVELOPERS FROM ALL OF THE INFRASTRUCTURE TI:~JIST FUNDS; PROVIDING FOR SEVERANCE; PROVIDING FOR EEFECTIVE DATES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Platting Ordinance of the City of Corpus Christi (Ordinance 4168, as previously amended); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 16, 2003, during a meeting of the Planning Commission, and on Tuesday, July 22, 2003, 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 Section V.B.5. of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by adding a definition of "Fire Suppression Rating Schedule" as subdivision (12), to read as follows: "V.B.5. WATER LINES "V.B.5.b) Definitions: "V.B.5.b)(12) Fire Suppression Ratinq Schedule: A publication published by ISO, Properties, Inc., which has been adopted by the Texas Department of Insurance, that is used to develop a public protection classification for property based on a City's fire suppression system, which inclgdes the needed fire flow for water available at a site." R32830A2.doc SECTION 2. That Section V.B.5.f)(1) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.5.f) Credits and Reimbursements: "V.B.5.f)(1) Arterial Transmission and Grid Main Extensions: In the event of the arterial transmission main or grid system is not in place when required for development, the developer may install that portiqn of arterial transmission main or grid main necessary to meet the Distribution System StJandards, Water Transmission Master Plan, and Fire Suppression Rating Schedule, provided, however, the grid system shall be developed as approximate one mile grids beyond the existing grid to ensure that sufficient service is available. "V.B.5.f)(1)(ii) Reimbursement: If the developer costs for installation of such arterial transmission main or grid main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Grid and Arterial Transmission Mains Trust Fund for that portion of the arterial transmission main or grid main installed by the developer up to a maximum of that which is required by the Distribution System Standards to complete the next grid loop from the grid system in place or under construction prior to the developer's installation, i.e., if any portion of a grid loop is in place or under construction prior to the developer's installation, the developer may be reimbursed for completing that grid loop, plus up to a maximum of one additional grid loop, if such installation is required by the Distribution System Standards. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.5.f)(1)(ii)(2) If the location or size of the developer's proposed arterial transmission main or Rrid main is not consistent with the City's Water Transmission Master Plan, Distribution System Standards, and the Fire Suppression Ratinq Schedule, the developer's application for reimbursement may not be considered until an amendment to the Distribution System Standards has been approved by the City Council. The developer must prepare and submit a draft amendment to the Distribution System Standards to the Directors of El3.qineerin.q Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Plannin.q Commission for its re(~ommendation, and to the City Council for consideration. "V.B.5.f)(1)(ii)(3) The submissions for draft amendments to the Distribution System Standards must address the cqrrent availability of related infrastructure (includin,q wastewater service, adequate qlraina.qe facilities, and roads constructed to the standards in the Transportation Plan) at the site of the proposed development and all tracts of land along the route of the proposed transmission or .qrid main extensions. The draft amendment to the Distribution System Standards should contain a recommended sequencing of construction of transmission or grid main extensions across the City based on the developer's survey of development community. R32830A2.doc 'V.B.5.fl(1)(,)(4) ...... ,.,. ................................ An arterial transmission main or ,qrid main construction and reiml~ursement agreement has been approved by the City Council before the developer st~lrts construction. Such reimbursement shall only be made when monies are fully available in and appropriated from the Grid and Arterial Transmission Mains Trust Fund, The order of reimbursement will be determined according to the date the ";"~ ;~ ~u~.~ ~ ....... .~ ,,,;~h ~h~. r, .... *,, ~lorU arterial transmission main or .qrid main (~onstruction and reimbursement agreement is approved by the City Council." SECTION 3. That Section V.B.~.0(2)(ii) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to readas follows: "V.B.5.f)(2) Distribution Main Extensions: * * * "V.B.5.f)(2)(ii) Reimbursement: If the developer costs for installation of such distribution main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the "maximum extension" criteria described above. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.5.f)(2)(ii)(2) If the location 9r size of the developer's proposed distribution main is not consistent with the City's Di{stribution System Standards and Fire Supression Ratinq Schedule, the developer's appli~cation for reimbursement may not be considered until an amendment to the Distribution SYstem Standards has been approved by the City Council. The developer must pi'epare and submit a draft amendment to the Distribution System Standards to the Directors of Engineering Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planning Commission for its recommendation, and to the City Council for consideration. "V.B.5.f)(1)(ii)(3) The submissions for draft amendments to the Distribution System Standards must address the current availability of related infrastructure (includin.q wastewater service, adequate c~rainage facilities, and roads constructed to the standards in the Transportation, Plan) at the site of the proposed development and all tracts of land along the route oflthe proposed distribution main extensions. The draft amendment to the Distribution System Standards should contain a recommended sequencing of construction of dlstribution main extensions across the City based on the developer's survey of develoPment community. "V.B.5.f)(2)(ii)(4) o, ,,-~, -.~,;~*;^. ~ .... ~,~, ........ * ~o ...... ~.~. ................................ An distribution main extension construction and reimbursemeqt agreement has been approved by the City Council before the developer starts construction. Such reimbursement shall only be made when monies are fully available in and appropriated from the Distribution Mains Trust Fund. R32830A2.doc The order of reimbursement will :be determined according to the date the ,, ............. , .~.v. ~'1 ,.,,{.I..~....,, *I-N~., ,~.. ~vv~.~, ,.$~'~' ~l~r~,~,,~,, .. distribution main extension construction and reimbursement agreement is approved by the City Council. In instances where properties are adjacent to a distribution main installed by others, a front foot charge of $5.20 per foot will be charged for that portion of the main fronting the property, to be paid when the property is developed." SECTION 4. That Section V.B.$.b) of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by adding definitions of "trunk force main" and "sanitary sewer trunk system construction and reimbursement agreement," as new subdivisions (11) and (12) to read as follows: '~/.B.6.a) Defintions: "V.B.6.a)(11) Trunk Force Main; A sanitary sewer line that is at least 8" diameter that conveys wastewater under preSsure. "V.B.6.a)(12) Sanitary Sewer Trunk System Construction and Reimbursement A.qreement. A trunk line constrt~ction and reimbursement agreement, trunk force main construction and reimbursemen~t agreement, or lift station construction and reimbursement aqreement." SECTION 5. That Section V.B.6.c) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.c) Payment of Fees. "V.B.6.c)(1) Before any unit of a subdivision, single lot, or tract which is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a fee of ....... $279.00 per lot or $73! .00 $1,117.00 per acre, whichever is greater. "V.B.6.c)(2) A surcharge of $!23.00 $200.00 per lot will be charged in addition to the tap fee for service to each lot. '¥.B.6.c)(3) This surcharge will apply to all property, new or existing, when a sanitary sewer service tap is applied for. All lot and/or acreage fees and pro-rata fees will be paid to the Department of Public Utilities prior to the subdivision plat being released for filing by the City. "V.B.6.c)(4} Surcharges and tap fees will be paid to the Department of Public Utilities concurrently with the tap application for sanitary sewer service on individually platted lots/properties. R32830A2.doc '~/.B.6.c)(5) These fees shall apply regardless of whether the properties are located inside or outside the city limits, except as provided in e)(1) below." SECTION 6. That Section V.B.6.e)(1) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.e)(1) Lot and acreage fees and seventy-five percent of the surcharge fees will be deposited into the Sanitary Sewer Trunk L-iRe-System Trust Fund for use in constructing trunk lines and reimbursing developers for constructing trunk lines." SECTION 7. That Section V.B.6.f) of the Platting Ordinance of the City of Corpus Christi, Texas, is revised to read as follows: "V.B.6.f) Credits and Reimbursements: "V.B.6.f)(1) Sanitary Sewer Trunk Line Extensions: In the event the trunk line system is not in place when required for development, the developer may install that portion of the trunk line system necessary to meet the established design standards. "V.B.6.f)(1)(i) Credits: If the developer installs such the sanitary sewer trunk line, the developer shall be credited for the actual installation costs up to the amount of his lot/acreage fee, provided an application for credit, including all cost-supporting documentation, has been submitted to the Director of Engineering Services/City Engineer prior to the installation of such the trunk line, and is approved by said the Director of Engineering Service~/City Engineer. '¥.B.6.f)(1)(ii) Reimbursement: Ifthe developer's cost for installation of such the sanitary sewer trunk line is greater than the IotJacreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Sanitary Sewer Trunk L-iRe~System Trust Fund for that portion of the trunk lines installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.6.f)(1)(ii)(1) If the location or size of the developer's proposed sanitary sewer trunk line is not consistent with the C~'s applicable Wastewater Master Plan for the service area, the developer's applicatiol3 for reimbursement may not be considered until an amendment to the applicable Wastewater Master Plan has been approved by the City Council. The developer must prepare and submit a draft amendment to the applicable Wastewater Master Plan to the ;Directors of Engineering Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Plannin.q Commission for its recommendation, and to the City Council for consideration. "V.B.6.0(1)(ii)(2) The submissiQns for draft amendments to the applicable Wastewater Master Plan must address the qurrent availability of related infrastructure (including water service, adequate drainage facilities, and roads constructed to the standards in the Transportation Plan) at the site of the proposed development and all tracts of land R32830A2.doc along the route of the proposed trunk line extension. The draft amendment to the applicable Wastewater Master plan should contain a recommended sequencing of construction of trunk system iml~rovements across the City based on the developer's survey of development community. "V.B.6.t')(1)(ii)(3) The developer must submit an application for reimbursement, including all cost-supporting documentation, to the Director of Engineering Services/City Engineer prior to the installation of .... ~- tl~e sanitary sewer trunk line; '-'-'~ 'V.B.6.f)(1)(.)(2) (4) ...... t-~- ............ '~;"'~' ........ * !c A trunk line construction and reimbursement agreement has been approved by the City Council before the developer starts construction. "V.B.6.f)(1)(ii)(5) Such The reimbursement shall only be made when monies are available in and appropriated from the Sanitary Sewer Trunk L!,",c System Trust Fund. "V.B.6.f)(1)(ii)(5)(a) The order of reimbursement will be determined according to the the ,. ................................... , ...... sanitary sewer trunk system construction and re mburseme~ a.qreement is approved by the City Council. "V.B.6.f)(1)(ii)(5)(a) If a developer is owed funds from the Sanitary Sewer Trunk L~ne System Trust Fund, the developer will be qiven credit for subsequent-lot/acreage fee r~r~-em-the are due on subsequent final plats filed with the County Clerk, which ~' .... '~'*"'~ *" r~d th dit d ill b · --'*~-'-'; ...... J ..... a e amounts cre e w e deducted from the outstanding amounts owed to the developer by the Sanitary Sewer Trunk L!,",cc System Trust Fund until the total amount owed has been pa~d ,~ ....... cf the ..... cf Peimburseme~, if the following conditions are met: "V.B.6.f)(1)(ii)(5)(a)l. The land~ being platted are within or contiquous to the boundaries of the preliminary plat of the originally developed property. "V.B.6.f)(1)(ii)(5)(a)2. The land will be served by the sanitary sewer trunk line for which the credit was given. "V.B.6.f)(1)(ii)(5)(a)3. An exten{sion of the trunk line was not required to serve the land." V.B.6.f)(2) Collection Line Extensions: * * * "V.B.6.f)(2)(ii) Reimbursement: If the developer's cost for installation of such collection line is greater than the lot/acreage fee, the developer shall be reimbursed as herein provided (less any lot/acreage fee credits) from funds available from the Collection Line Trust Fund for that portion of the collection line installed by the developer up to the R32830A2.doc maximum reimbursement criteria described above. Provided, however, in order to be reimbursed as set forth in this subsection: "V.B.6.f)(2)(ii)(1) If the location consistent with the City's applic~ reimbursement may not be con Plan has been approved by the draft amendment to the applica[ and Development Services. If ti amendment must be submitted and to the City Council for consi r size of the developer's proposed collection line is not ~ble Master Plan, the developer's application for idered until an amendment to the applicable Master City Council. The developer must prepare and submit a ,le Master Plan to the Directors of En.qineerinR Services ~e directors approve the proposed amendment, the :o the Plannin,q Commission for its recommendation, :leration. "V.B.6.f)(2)(ii)(2) The submissio Master Plan must address the water service, adequate draina¢ the Transportation Plan) at the extension. The draft amendmel contain a recommended sequer across the City based on the de is for draft amendments to the applicable Wastewater Jrrent availability of related infrastructure (includinq e facilities, and roads constructed to the standards in ~ite of that will be served by the proposed collection line to the applicable Wastewater Master Plan should ~cin.q of construction of collection system improvements celoper's survey of development community. "V.B.6.f)(2)('ii)(3) The developer must submit an application for reimbursement, including all cost-supporting documentation, to the Director of Engineering Services/City Engineer prior to the installation of .... ~' the collector line; '-'-'~ "V B 6 f)(2)(ii)(4) ~' '"~- .~,-,~,I;.-..~H~,. ~' .... ;,-~1-, ........ {' !c An collection line extension construction and reimbursemer~t a.qreement has been approved by the City Council before the developer starts construction. '¥.B.6.f)(2)(ii)(4)(a) Such The reimbursement shah may only be made when monies are fully available in and appropriated from the Collection Line Trust Fund. "V.B.6.f)(2)(ii)(4)(b) The order of reimbursement will be determined according to the date the pl3t i.~ ~;~.4,.,.... ~,... ......., ~v... ~'~ ..,;,~...,.,, ,~.....,.. r...v... ,.~*" Clerk arterial transmission main or qrid main construction and reimbursement a.qreement is approved by the City Council. "V.B.6.f)(2)(ii)(4)(c) In instances where properties are adjacent to a collection line installed by others, a front foot pro-rata charge of $6.20 per foot will be charged for that portion of the line fronting the property, to be paid when the property is platted. "V.B.6.f)(2)(ii)(4)(d) If a developer is owed funds from the Collection Line Trust Fund, subsequent lot/acreage fee credits from subsequent final plats filed with the County Clerk, which lands are within or contiguous to the boundaries of the preliminary plat of the originally developed property and which will be served by the sanitary sewer collection line for which the original credit was given, but will not be served by any trunk or collection line extension, may be credited to the outstanding amounts owned to the developer by the Collection Line Trust Fund until the total amount owed has been paid regardless of the order of reimbursement, R32830A2.doc "V.B.6.f)(3) Sanitary Sewer Truok Force Main Extensions: If a trunk line or trunk force main system is not in place when required for development, the developer may install that portion of the trunk force mtain system necessary to meet the established design standards. "V.B.6.f)(3)(i) Credits: If the del eloper installs the sanitary sewer trunk force main, the developer shall be credited for t le actual installation costs up to the amount of his Iot/acreaqe fee, provided an apl dication for credit, includinq all cost-support ng documentation, has been subm tted to the Director of Enqineer n.q Services/City Engineer pr or to the installatior of the trunk force main, and is approved by the Director of Engineering Services/City Er ineer. "V.B.6.f)(3)(ii) Reimbursement: i If the developer's cost of installing a sanitary sewer trunk force main is greater thanlthe IotJacrea.qe fee, the developer will be reimbursed (less any lot/acreage fee credit~) from funds available from the Sanitary Sewer trunk System Trust Fund for that portton of the trunk force mains installed by the developer. Provided, however, in order to I~e reimbursed as set forth in this subsection: "V.B.6.f)(3)(ii)(1) If the location ~)r size of the developer's proposed trunk force main is not consistent with the City's al~plicable Master Plan for the service area, the developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan h~s been approved by the City Council. The developer must prepare and submit a draft amendment to the applicable Master Plan to the Directors of Engineerinq Servicf~s and Development Services. If the directors approve the proposed amendment, the {amendment must be submitted to the Planning Commission for its recommendlation, and to the City Council for consideration. "V.B.6.f)(3)(ii)(2) The submissiqns for draft amendments to the applicable Wastewater Master Plan must address the (;urrent availability of related infrastructure (including water service, adequate drainage facilities, and roads constructed to the standards in the Transportation Plan) in the area that will be service by the proposed trunk force main. The draft amendment to,the applicable Wastewater Master Plan should contain a recommended sequencing of construction of trunk system improvements across the City based on the developer's survey of development community. '¥.B.6.f)(3)(ii)(3) The develope~ must submit an application for reimbursement, including all cost-supporting documentatlon, to the Director of Engineering Services/C ty Eng neet prior to the installation of the sanitary sewer trunk force main. "V.B.6.f)(3)(ii)(4) A trunk force main construction and reimbursement agreement has been approved by the City Council before the developer starts construction. '¥.B.6.f)(3)(ii)(5) The reimbursement shall only be made when monies are available in and appropriated from the Sanitary Sewer Trunk System Trust Fund. R32830A2.doc '~/.B.6.f)(3)(ii)(5)(a) The order of reimbursement will be determined according to the date the sanitary sewer trunk system construction and reimbursement agreement is approved by the City Council. "V.B.6.f)(3)(ii)(5)(b) If a developf~r is owed funds from the Sanitary Sewer Trunk System Trust Fqnd, the developer will be Riven credit for lot/acreage fees that are due on subsequent final plats filed with ~the County Clerk, and the amounts credited will be deducted from the outstanding ~mounts owed to the developer by the Sanitary Sewer Trunk System Trust Fund until t~e total amount owed has been paid, if the following conditions are met: '¥.B.6.f')(3)(ii)(5)(b)l. The land,being platted are within or contiguous to the boundaries of the preliminary pleat of the original y deve oped property. "V.B.6.f)(3)(ii)(5)(b)2. The land ~vill be served by the trunk force main for which the credit was Riven. "V.B.6.f)(3)(ii)(5)(b)3. An exten~sion of the trunk force main was not required to serve the land. '~/.B.6.f)(4) Sanitary Sewer Lift Station Installations: If a sanitary sewer lift station is not in place or the one that is in pla~e is inadequate when required for development, the developer may install or upRrad~e the lift station to meet the established design standards for ultimate developr~ent. "V.B.6.f)(4)(i) Credits: If the deyeloper installs or upgrades a lift station, the developer shall be credited for the actual ipstallation costs up t° the amount of his lot/acreage fee, provided an application for credlit, including all cost-supporting documentation, has been submitted to the Director of En.qineerin.q Services/City Engineer prior to the installation or upgrading of the lift station, alnd is approved by said Engineer. "V.B.6.f)(4)(ii) Reimbursement:, If the developer's cost of installing or upgrading a lift station is qreater than the Iot/aqreaRe fee, the developer will be reimbursed (less any lot/acreage fee credits) from funds available from the Sanitary Sewer Trunk System Trust Fund for that portion of the lift station installed or upgraded by the developer. Provided, however, in order to be reimbursed: '¥.B.6.f)(4)(ii)(1) If the location or size of the developer's proposed lift station is not consistent with the City's applic~able Master Plan for the service area, the developer's application for reimbursement roaY not be considered until an amendment to the applicable Master Plan has been approved by the City Council. The developer must prepare and submit a draft amendment to the applicable Master Plan to the Directors of Engineering Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planning Commission for its recommendation, and to the City Council for consideration. "V.B.6.f)(4)(ii)(2) The submissions for draft amendments to the applicable Wastewater Master Plan must address the current availability of related infrastructure in the area R32830A2.doc that will be service by the propofsed lift station. The draft amendment to the applicabl~, Wastewater Master Plan should contain a recommended sequencing of construction of trunk system improvements across the City based on the developer's survey of development community. "V.B.6.f)(4)(ii)(3) The developer, must submit an application for reimbursement, includin,q all cost-supporting documentatipn, to the Director of Engineer n.q Services/City Engineer prior to installing or upgrading tl~e lift station. "V.B.6.fl(4)(ii)(4) A lift station cqnstruction and reimbursement agreement has been approved by the City Council bpfore the developer starts construction. "V.B.6.f)(4)(ii)(5) Reimbursement may only be made when monies are available in and appropriated from the Sanitary ~;ewer Trunk System Trust Fund. "V.B.6.f)(4)(ii)(5)(a) The order ol reimbursement will be determined accordinq to the date the sanitary sewer trunk system construction and reimbursement agreement is approved by the City Council. "V.B.6.f)(4)(ii)(5)(b) If a develop~er is owed funds from the Sanitary Sewer Trunk System Trust Fund, the developer will be given credit for lot/acreage fees that are due on subsequent final plats filed with, the County Clerk, and the amounts credited will be deducted from the outstanding {amounts owed to the developer by the Sanitary Sewer Trunk System Trust Fund until l~he total amount owed has been paid, if the followinq conditions are met: '~/.B.6.f)(4)(ii)(5)(b)l. The land~ being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property. "V.B.6.f)(4)(ii)(5)(b)2. The land,will be served by the lift station for which the credit was given. "V.B.6.f)(4)(ii)(5)(b)3. A new liR station additional trunk line extension was not required to serve the land. '¥.B.6.f)(4)(ii)(5)(b)4. The new development did not require the modification or expansion of the lift station serving the land. '¥.B.6.f)(5) No Double Credit: A lot/acreage fee for the same property may only be credited against either the Sanitary Sewer Trunk LAne-System Trust Fund or the Collection Line Trust Fund, but not against both trust funds." SECTION 8. That Section V.B. of the Platting Ordinance of the City of Corpus Christi, Texas, is amended by revising the introductory paragraph and by adding a new Section V.B.10. to read as follows: "V.B. MINIMUM STANDARDS. The following minimum standards for subdivision ctrcct infrastructure improvements shall be met as a condition of approval of construction R32830A2.doc plans by the Director of Engineering Services/City Engineer and before approval of a plat by the Planning Commission. "V.B.10. STORM WATER COL~_ECTION SEWERS "V.B.10.a) Definitions: "V.B.10.a)(1) Acreage Fee: Th? fee required to be paid by the developer based on the acreage in the deve opment, n(~lud n.q parks, streets, and drainage ded cations. "V.B. 10.a)(2) Fee Value: The v~alue of the fees that the property would be charqed, includ n.q ot/acreaqe fee and sqrcharge "V.B.10.a)(3) Lot Fee: The fee ~required to be paid by the developer based on the number of lots in the development. "V.B.10.a)(4) Pro-rata: A fee required to be paid by the developer as a front foot charqe for the portion of storm water collector sewer adjacent to the property that is required for the development, but installed bY others. %/.B.10.a)(5) Storm Water Collector Sewer: An underground storm water conveyance that connects to a maior drainage ditch or storm water collector drainage ditch. "V.B.10.a)(6) Surcharge: A $0ql0.00 fee to be charged in addition to tap fees for single- family or duplex utility connectigns to be paid when the tap fee is paid. "V.B.10.a)(7) Tap Fee: The fee to be paid that provides a connection for city-owned utilities. "V.B.10.b) Before any unit of a ~subdivision, or single lot, or tract for which the zoning is other than single-family or duplex use is completed and the final plat signed, the developer will be required to pay to the City of Corpus Christi a fee of $000.00 per lot or $000.00 per acre, whichever is ,greater. If the subdivision is zoned for single-family or duplex use, the fee shall be $000.00 per lot or $000.00 per acre, whichever is greater. A surcharge of $000.00 per lot will be charged for each lot zoned for single-family or duplex use only. This surchar.q~e will apply to all property, new or existing, when the drainage system serving the Io~ is connected to the storm water collection sewer. All lot and/or acreage fees and pro-ra~a fees will be paid to the Development Service Department prior to the subdivision plat being released for filing by the City. Surcharges will be paid to the Development Service Department concurrently with buildinq permit applications for construction of the primary residence on the lot for lots located within the City, and before filing of the final plat for lots located within the City's extraterritorial iurisdiction. These fees are applicable regardless of whether the properties are located inside or outside the city limits, except as provided in (k) below. R32830A2.doc "V.B.IO.c) Lot, acreage, and surcharge fees will be deposited into the Storm Water Collector Sewer Trust Fund for ~se in oversizinR and constructing storm water collector sewers, and reimbursing developers for constructinq storm water collector sewers. "V.B.10.d) All fees and charges ~Nill be indexed to the Auqust Construction Index published in the Enqineerin.q NeWs Record and adjusted September 1 each year. "V.B.IO.e) Credits and Reimbur= "V.B.lO.e)(1) Storm Water Colle collector sewer is not in place w that portion of the storm water c Master Plan. ;ements: ;tor Sewer Extensions: In the event of the storm water ~en required for development, the developer may install )llector sewer necessary to meet the Storm Water "V.B.lO.e)(2) Credits: If the dev developer shall be credited for ti acreage fee, provided an applic; documentation, has been subm Engineer prior to the installation En.qineerinR Services/City En.qir 9loper installs the storm water collector sewer, the ~e actual installation cost up to the amount of his lot ~tion for credit, including all cost-supporting [ted to the Director of Engineering Services/City of such grid main, and is approved by said Director of eer. '¥.B. 10.e)(3) Reimbursement: If the developer costs for installation of the storm water collector sewer are qreater tharl the Iot/acreaqe fee, the developer shall be reimbursed (less any IotJacrea.qe fee credits) from funds available from the Storm Water Collector Sewer Trust Fund for that portiqn of the storm water collector sewer installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: '¥.B.10.e)(3)(i) If the location o[ size of the developer's proposed storm water collector sewer is not consistent with the City's Storm Water Master Plan for the drainage basin, the developer's application for reimbursement may not be considered until an amendment to the Storm Wate[ Master Plan has been approved by the City Council. The developer must prepare and submit a draft amendment to the Storm Water Master Plan to the Directors of Engineering Services and Development Services. If the directors approve the proposed amendment, the amendment must be submitted to the Planning Commission for its recommendation, and to the City Council for consideration. '~/.B.lO.e)(3)(ii) The submissioas for draft amendments to the Storm Water Master Plan must address the current avail~ibility of related infrastructure (including water and wastewater service and roads qonstructed to the standards in the Transportation Plan) at the site of the proposed development and all tracts of land that will be served by the proposed storm water collector sewer. The draft amendment to the applicable Wastewater Master Plan should contain a recommended sequencin.q of construction of storm water major draina.qe chennels and storm water collector systems across the City based on the developer's survey of development community. "V.B.10.e)(3)(iii) The developer, must submit an application for reimbursement, including all cost-supporting documentation, to the Director of En.qineerinq Services/City Engineer prior to the installation of the storm water collector sewer; and R32830A2.doc '5/.B.10.e)(3)(iv) A storm water collector sewer construction and reimbursement agreement has been approved by the City Council before the developer starts construction. "V.B.10.e)(3)(v) The reimbursement shall only be made when monies are available in and appropriated from the Storm Water Collector Sewer Trust Fund. '¥.B.10.e)(3)(vi) The order of re~imbursement will be determined according to the date the storm water collector sewerlsystem construction and reimbursement agreement is approved by the City Council. "V.B.10.e)(3)(vii) If a developer lis owed funds from the Storm Water Collector Sewer Trust Fund, the developer will bff given credit for lot/acreage fees that are due on subsequent final plats filed withithe County Clerk, and the amounts credited will be deducted from the outstanding ~mounts owed to the developer by the Storm Water Collector Sewer Trust Fund until the total amount owed has been paid, if the followinq conditions are met: "V.B.10.e)(3)(vii)(1) The lands bein.q platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property. "V.B.10.e)(3)(vii)(2) The land will be served by the storm water collector sewer for which the credit was given. "V.B.10.e)(3)(vii)(3) An extensi(~n of the storm water collector sewer was not required to serve the land. '~/.B.10.f) Once every two year~;, the City Council shall review the adequacy of all fees and charges established in V.B.10 and the sufficiency of the Storm Water Collector Sewer Trust Fund and may, after a public hearin.q, adopt a new schedule of fees and charges. "V.B. 10.g) The following categories of property are exempt from the lot/acreage fees of this section: '¥.B.10.q)(1) When the lot/acreage fees have been paid throu.qh platting for property, and such property for which fees have been paid is replatted, an additional lot/acreage fee will not be paid except that,, if at the time of replattin.q, the land use has changed to where the higher lot/acreage fee applies, the re-subdivider will then pay the City the difference in such higher and lower fee rate." SECTION 9. That to the extent that this amendment to the Platting Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Plaiting Ordinance, as amended by this ordinance. SECTION 10. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. R32830A2.doc SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION '12. Section 8 of this prdinance goes into effect upon the formal adoption of the Storm Water Master Plan roi' the City of Corpus Christi. SECTION 13. The remaining sections of this ordinance are effective upon publication of the ordinance. SECTION '14. 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. R32830A2.doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the __ ATTEST: ,2003 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2003. Armando Chapa City Secretary APPROVED: 16th day of July, 2003: By: ~ Samuel L. Neal, Jr. Mayor R32830A2.doc 30 AGENDA MEMORANDUM DATE: July 15, 2003 SUBJECT: Contract for P~blic Access Studio and Equipment Management AGENDA ITEMS: A. Ordinance appropriating $~30,379 from the Reserve for Government Access Equipment and Facilities in the 1020 General Fund for access channel equipment and facilities; amending ordinance No. 024974 which adopted the FY02-03 budget, to increase appropriations. B. Motion authorizing the City Manager, or his designee, to execute a contract with the Channel 10 PAUG/NuPAC, InC. for a 12-month period with a renewal option of four additional one-year periods, subject to the approval of the contractor and the City Manager or his designee, to maRage a public access studio and editing equipment, with City donated equipment, for public access producers, for a one-time payment of $15,458 for facility and equipment set-up and $14,921 for replacement of inoperable equipment. ISSUE: Time Warner no longer provides studio and editing services for public access users. Time Warner gave studio and editing equipment to the City of Corpus Christi. The City would like to ensure that public access users have support for studio and editing services by contracting with a local non-profit agency to use the City equipment and provide studio and editing equipment services to public access producers. The contract for studio and equipment management with South Texas Informer Educational Foundation ended on July 10, 2003. RECOMMENDATIONS: Staff recommends that the City Council authorize the City Manager, or his designee, to ex~ecute a contract with the Channel 10 PAUG/NuPAC for a 12-month period with a renewal option of four additional one-year periods, subject to the approval of the contractor and the City Manager or his designee, to manage a public access studio and editing equipment, with equipment donated by the City, for public access producers, for a one-time payment of $15,458 for facility and equipment set-up1 a one-time payment of $14,921 to replace significant inoperable equipment, and an annual grant of $7,000 to begin on October 2003 for equipment maintenance and repair. Background Information In the past, Time Warner provided studio and equipment use to public access producers. In August 2002, Tlme Warner closed the studio and stopped support for access studio, editing and ~quipment usage. Under the new cable franchise agreement, Time Warner gav~the studio and editing equipment to the City. Time Warner and Grande/ClearSource also agreed to provide $3,500 each annually for public access equipment and facilities.i After requesting proposals, onl September 12, 2002, the City contracted with South Texas Informer Educational Foundation, Inc. (STIEF) to manage the editing and studio equipment for access users. Robert Hughes, who formerly managed the Time Warner access production program, assisted STIEF until he moved out-of-town in June 2003. STIEF has been unable to replace Mr. Hughes, and has had several problems with non- working equipment. STIEF chose to terminate the contract, effective July 10, 2003. As the City was approaching the end of the first year of the contract to manage the editing equipment and studio, on June 4, 2003, the City requested proposals from local groups interested in maintaining the equipment and studio. The responsibilities of the successful proposer would include: obtaining a studio location; scheduling equipment use; developing and managing equipment check-out and usage system; managing maintenance and repair of equipment; and all other duties required to maintain the studio, including training and certification of producers. The City would provide funding from the cable operator grants of $7,000 per year to the selected contractor for equipment maintenance and repair. Two proposals were received and reviewed by a City team consisting of Lisa Aguilar, Susan Cable, and Dan Whitworth, using criteria including funding requirements, non- profit status, studio facilities, and timeline for operations. Proposals were received from the Channel 10 Public Access Users Group (PAUG) NuPAC, Inc., and from the Observer Education and Research Foundation. STIEF did not respond. A summary of the two proposals is attached. There are many technical issues involved with moving and reassembling the studio and editing equipment. These include ceiling height for cameras, wiring, sound-proofing, fire-proofing, and other architectural and engineering issues. The Channel 10 PAUG, NuPAC, Inc. has indicated that they will work to ensure that proper standards are met in re-establishing a studio and editing facilities to meet the needs of public access users in the community. The contract provides that the equipment (Attachment A) and any additional equipment purchased with cable operator grant funds, will belong to the Channel 10 PAUG, NuPAC, as long as the equipment is used for production of access programs. ATTACHMENTS: Proposal Summary for Management of Public Access Studio and Equipment Channel 10 PAUG, NuPAC, Inc. Proposed Budget Contract Ordinance to Appropriate Funds Public Access Studio and Editing Equipment List Proposals for Management of Public Access Studio and Equipment Channel i0 Public Access Group, NuPAC Observer Education and Research Foundation Address 5403 Everhart #278 2721 Erie Drive ~orpus Christi, TX 78411 Corpus Christi, TX Contact Person Bo~ Klepec and Geor~;e Iniquez Mary Beth Nelson 501 (c) 3 Status yes "Not yet. We are certified by the state as a non-profit corporation. Application , in progress." Proposed Studio Location Will provide location, negotiating with Corpus Either Parkdale Plaza or Sunrise Mall Christi Business Park, Commerce One Business Plaza, and Park Green Atrium. Own, Lease or Plan to Lease Plan to lease. Working on a donation. Dimensions of Studio Approximately 1,000 sf Larger than before. 2,000 sf Operational Time Frame Target for editing will be immediate. Studio Operational on July 31,2003. will be ,operational by September 2003. ~ Proposed Hours Goal is 40 hours per week. 9 am to 6 pm for secretary; 1 to 9 pm for technician~ How Group Proposes to Funding request is the annual grant of $7,000 Funding request is for a budget of Accomplish Listed and a one-time funding of $15,458 for $118,000, which includes: equipment Responsibilities equipment and studio move, set-up and move, set-up, repair and future repairs calibration, and a one-time funding of $14,921 ($55,000); two personnel ($43,000), and for replacement of inoperable equipment, liability and equipment insurance ($20,000). Request is for full funding on an annual basis. CONTRACT TO MANAGE PUBLIC ACCESS FACILITIES WHEREAS, this Contract ("Contract") is between the City of Corpus Christi, a Texas home- rule municipal corporation, ("City"), and the Channel 10 PAUG, NUPAC Inc., a Texas nonprofit corporation ("Contractor"). WHEREAS, the City allocates fLlnds provided by Te,x, as Cable Partners, Inc. ("Time Warner Cable") and Grande CommunicStions Inc. ("Grande) pursuant to franchises granted by the City of Corpus Christi for public ¢~ccess channel equipment and facilities; NOW, THEREFORE: in conside~ration of the premises and the mutual covenants contained, in this Contract, the parties agree as follows: SECTION1. TERM 1.1 This Contract shall be in effect for a period of one year from July 9, 2003 ("Effective Date") through July 8, 2004, wiffi the option to renew for four (4) additional one-year periods. 1.2 Upon expiration of this Contract, Contractor agrees to hold over under the same terms and conditions for such period of time as is necessary for the City to contract for replacement services, at the written request of the City Manager or the City Manager's designee ("City Manager"). SECTION 2. CONTRACTOR OBLIGATIONS 2.1 Contractor shall manage a public access studio for use by the public in production of public access programming. The Contractor shall provide hours of operation sufficient to meet public access studio and equipment users' requests and needs. 2.2 City shall provide equipment identified in the attached Exhibit A to the Contractor who shall then make the equipment available for use in production of public, and government access programming. 2.3 Contractor shall move the equipment listed on the attached Exhibit A which is currently located at Leopard Street to the Contractor's facility at 4531 Ayers Street #102, Corpus Christi, Texas. 2.4 Contractor shall have the editing equipment in operation within thirty days from the Effective Date of this Contract. 2.5 Contractor shall have the studio in operation within sixty days from the Effective Date 2.6 Contractor shall provide training to the public access producers in the use of the equipment and studio for production of access programming. G:/acac/99cntrct 2.7 Contractor must not knowingly permit the public access facilities under its control to be used for the production of any material which is in violation of Subchapter B: Obscenity, of Chapter 43 of the Texas Penal Code, as may be amended. SECTION 3. CITY OBLIGATIONS 3.1 Initial payments for equipment set-up and equipment Upon Contractor's submission oI detailed invoices, the City shall make payment up $30,379 to Contractor for the following: $19,458 for studio and equipment set-up, and $14,921 for replacement of significant inoperable equipment. The costs are identified in the attached Exhibit B. 3.2 Annual Payment for Equipment By each October 31 of each year of this contract, beginning in 2003, the City shall make payment of Seven Thousand Dollars ($7,000.00) to Contractor to be used by Contractor for replacement and repair of public access equipment. 3.3 Limit of City Funding Liability The parties agree that the City's funding obligations to Contractor are contingent upon payments to the City in accordance with the Franchise Agreements with Time Warner Cable and Grande Communications ("Access Funds"). This Contract does not obligate the General Fund or any other moneys or credits of the City of Corpus Christi. The City shall not be liable for and Contractor shall release, indemnify and hold the City harmless from any claims or demands for: (a) expenses incurred either prior to or after the term of this Contract; or, (b) expenses incurred in violation of the terms of this Contract and its attached Exhibits. SECTION 4. GUIDELINES FOR USE OF FACILITIES AND EQUIPMENT Contractor may engage in activities generating funds using any resources available to it, or managed by it pursuant to this Contract. All such activities must be in conformity with Contractor's 501,c.3 Internal Revenue Code status and must serve to further the goal of promoting the public's use and access to cable television or other media. SECTION 5. OWNERSHIP OF PROPERTY 5.1 All equipment identified on Exhibit A shall belong to the Contractor so long as Contractor makes the equipment available for public access programming production purposes in accordance with this Contract, 6.1 5.2 All equipment purchased with funds received under this Contract shall belong to the Contractor so long as Contractor makes the equipment available for public access programming production purposes in accordance with this Contract. 5.3 Contractor shall be responsible for maintenance, replacement, repair, and insuring of the equipment. 5.4 Upon termination of the Cor~tract, all equipment provided or purchased with funds under this Contract shall become propi~rty of the City, and Contractor shall deliver all equipment to the City unless otherwise agreeato in writing by the City Manager. 5.5 The Contractor shall: (a) maintain custody and control over all properly provided by the City; (b) maintain detailed property records; and (c) perform an annual physical inventory. 5.6. /f Contractor no longer desires to use a particular piece of equipment, then Contractor shall deliver the equipment to the City-designated location. SECTION 6. RECORDS 6.1 Contractor shall submit annual detailed information regarding use of the annual $7,000 grant provided under this Contract to the City Manager no later than June 30 of each year. 6.2 Contractor shall at all times maintain full, accurate and current records documenting the level of Contractor's services provided for public access studio and equipment usage. SECTION 7. PERFORMANCE REPORTS AND EVALUATION 7.1 Contractor shall submit detailed information to the City Manager no later than June 30 of the usage of studio and equipment by public and government access producers. 7.2 The Contractor shall furnish such statements, records, reports, data and information to the City at such times and in such form as the City Manager may require. SECTION 8. REPRESENTATIONS AND WARRANTIES 8.1 The Contractor represents and warrants that: (a) All information, reports and data furnished to the City by Contractor are complete and accurate as of the date furnished to the City, and that Contractor shall promptly notify the City Manager of any material change affecting the accuracy or completeness; (b) All financial statements and information furnished to the City are complete, accurately reflect the financial condition of the Contractor on the date shown on the report, accurately show the results of the operation for the period covered by the report, and that since said date there has been no material change, adverse or otherwise, in the financial condition of the Contractor; (c) Contractor has notifie~l the City Manager of any and all pending or threatened legal proceedings against the ~ontractor; (d) The Contractor has ttle power to enter into this Contract and accept payments under this Contract, and the Contractor has taken all necessary action to authorize acceptance under the terms and conditions of this Contract; (e) None of the assets of the Contractor is subject to any lien or encumbrance of any character except for current taxes, except as shown in the financial statements furnished by the Contractor to the City; (f) Conflict of Interest: (1) Contractor will complete the City's Disclosure of Interests form. (2) Contractor's employees shall not be afforded preferential treatment with respect to resources administered under this Contract. 8.2 Contractor shall make reasonable responses to public inquiries regarding its operations. SECTION 9. INSURANCE 9.1 The Contractor shall carry insurance in the following types and amounts for the duration of this Contract and furnish copies of insurance policies to the City Manager as evidence: (a) Statutory Worker's Compensation for Contractor's paid employees working with access studio and equipment. (b) Comprehensive General Liability Insurance with minimum Bodily Injury, and Property Damage combined single limit of $500,000 for each occurrence to include Premises - Operations, Broad Form Property Damage, Personal Injury and Contractual Liability coverage; and, (c) Fire and extended coverage for equipment provided or funded under this Contract in an amount sufficient to cover the equipment. 9.2 If the insurance policies are not written for the amount specified in subsections (a)(ii) and (a)(iii) above, the Contractor is required to carry an Excess Liability insurance policy for any difference in the amounts specified. 9.3 The Contractor shall not commence work under this contract until it has obtained all required insurance and until such insurance has been approved by the City of Corpus Christi Risk Management Office and the City Manager; this Contract shall be deemed not to enter into effect until these approvals have been obtained. 9.4 The required insurance mus of Texas at the time the policy is shall name the City as an additic 9.5 The Contractor shall not caL lapse. Insurance certificates sh; canceled or reduced, restricted, be written by a company licensed to do business in the State issued, and all insurance (other than Worker Compensation) nal insured. se any insurance to be canceled nor permit any insurance to II include a clause to the effect that the policy shall not be )r limited until 45 days after the City has received written notice as evidenced by return rebeipt of registered or certified letter. Certificates of Insurance shall contain transcripts from thff proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date and the above-mentioned notice of cancellation clause. 9.6 The City reserves the right tp review the insurance requirements of this section during the effective period of the contract and to adjust required insurance coverages and their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, o~ the claims history of the industry or Contractor. SECTION 10. INDEPENDENT CONTRACTOR Contractor is an independent contractor, having the duty and obligation to supervise and direct the work, and having control over the means and methods by which such work is accomplished. The City is solely interested in compliance with the Contract goals and terms. SECTION 11. CONTRACTOR CHANGES 11.1 Contractor shall notify the City Manager of any change in the Contractor's Board of Directors' or of the Contractor's Executive Director within ten (10) working days of its occurrence. Contractor shall notify City Manager of any change in Contractor's corporate structure, or any Board of Director resolution affecting performance of this Contract, within ten (10) working days of its occurrence. SECTION 12. DEFAULT 12.1 In the event that Contractor's fails to timely and properly perform any of its obligations under this Contract, the City, without limiting any rights it may otherwise have, may withhold further payments to the Contractor. 12.2 The City Manager shall give Contractor notice in writing of its decision to suspend funding in the event of default. Such notice shall be given by certified mail return receipt requested, hand delivery, or facsimile communication to the Contractor's Executive Director. The notice shall identify the nature of the default and the action required for cure. If the default has been cured, the Contractor will be restored to full compliance status and paid any withheld funding. If however, the Contractor has not cured the default within (ten) 10 days from the date Contractor receives the notice, the City may terminate this Contract, or exercise such other remedies available to the City under law or in equity. 12.3 If the event of default remains uncured, the equipment provided or purchased with funds under this Contract shall immediately become the property of the City and the Contractor shall immediately deliver the equipment to the location identified by the City Manager. SECTION 13. TERMINATION OR EXPIRATION OF CONTRACT 13.1 The City may terminate this Contract immediately with cause if Contractor: (a) fails to cure a default as provided in Section 12, above; (b) materially breaches any provision of this Contract; 13.2 Either party may terminate this Contract for convenience by giving at least thirty (30) calendar days notice in writing to the other party. 13.3 Upon receipt of notice to terminate, the Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Contract. The City shall not be liable to the Contractor or Contractor's creditors for any expenses, encumbrances or obligations whatsoever, incurred after the notice of termination date. Failure to terminate outstanding orders or subcontracts relating to the performance of this Contract is a material breach of this Contract. 13.4 Upon termination or expiration of this Contract, Contractor shall deliver all equipment provided or funded under this Contract to the location designated by the City Manager. SECTION 14. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other legal action, including without limitations, any communications concerning copyright infringement, or criminal indictment is brought by any person(s), or entity against the Contractor, Contractor shall deliver copies of such to the City Manager within twenty four (24) hours after receipt. SECTION 15. OTHER NOTICES Contractor shall notify the City Manager within two (2) working days, by providing the copies of documents concerning: (a) Contractor filing for relief under the Bankruptcy Code; (b) the appointment of a trustee, receiver or liquidator for all or a substantial part of the Contractor's property; (c) any reorganization, or liquidation proceedings by or against the Contractor; and (d) the filing of any lien or attachment against any property or bank account of Contractor. SECTION 16. ASSIGNMENTS; Contractor shall not transfer, ple~lge or otherwise assign this Contract or any interest in this Contract, or any claim arising ur~der this Contract, to any other party, bank, trust company or other financial institution. Any plurported transfer or assignment made in violation of this Section is null and void. SECTION 17. NO THIRD PAR'I~Y BENEFICIARIES This Contract does not confer ar~y enforceable rights to any person or entity, which is not a party to this Contract. SECTION 18. COMPLIANCE V~/ITH FEDERAL, STATE AND LOCAL LAWS The Contractor shall comply witb all applicable laws, rules, regulations, procedures and policies of the Federal, State and local governments. SECTION 19. LEGAL AUTHORITY The persons executing this Contract on behalf of Contractor represent and warrant that they are duly authorized and empowered to execute this Contract, that Contractor has taken all action necessary to approve this Contract, and that this Contract is a lawful and binding obligation of Contractor. SECTION 20. SEVERABILITY OF PROVISIONS If any provision of this Contract, or its application to any person or set of circumstances is held to be unconstitutional, invalid, or unenforceable, that holding shall only affect the words, phrases, clauses, or provisions so held, and such holding shall not affect the remaining portions of this Contract, this being the intent of the Parties in entering into this transaction; and all provisions of this agreement are declared to be severable for this purpose. SECTION 21. NON-WAIVER OF PERFORMANCE In no event shall any payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to the City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No waiver by the City of any one or more of Contractor's defaults shall operate as an express or implied waiver of any other existing or future default. Waiver by the City shall not be deemed a practice or course of dealing between the parties contrary to the express terms of the Contract. SECTION 22. INDEMNITIES 22.1 Contractor for itself and its agents, employees, subcontractors, and the agents and employees of said subcontractors, shall defend, indemnify and hold the City, its successors, assigns, officers, employees and elected officials harmless from and against any and all claims, demands, suits, causes of action and judgments, whether in contract or in tort (including negligence and strict liability), arising out of, or incident to, concerning or resulting from the performance of any services under this Contract or the negligence or willful misconduct of Contractor, its agents employees, and/or subcontractors, in the performance of services under this Contract, including, but not limited to, claims for: (a) damage to or loss of the property of any person (including but not limited to Contractor, its agents, officers, employees and; subcontractors, City's agents, officers and employees, and third parties); (b) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of Contractor, Contractor's subcontractors and third parties); and (c) violations of any laws, rules regulations, procedures and policies of the Federal, State and local governments. 22.2 It is the intention of the parties, and Contractor expressly agrees, that the provisions of this Section shall not exclude claims, damages, and losses, if any, caused by the negligence of the City. SECTION 23. CONTRACT ENTIRE AGREEMENT This Contract, together with the attached exhibits constitutes the entire agreement between the parties hereto with respect to the matters covered by its terms. No other agreement, assertion, statement, understanding, or other promise made by any party, or to any employee, officer, or agent of any party that is not embodied in this Contract shall have force or effect. SECTION 24. VENUE The obligations and undertakings of each of the parties to this Contract shall be performed in Nueces County, Texas. Any dispute under this Contract shall be filed in the courts of Corpus Christi, Texas. SECTION 25. NOTICES 25.1 For purposes of this Contract, all communications and notices among the parties shall be deemed made if sent postage prepaid to the parties and addresses set forth below: The Contractor Channel 10 Public Access Group The City of Corpus Christi City of Corpus Christi President 5403 Everhart, # 233 Corpus Christi, Texas 78411 City Manager 1201 Leopard Corpus Christi, Texas 78401 25.2 Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business day after deposit with the U. S. Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission overnight exp~'ess carrier. 25.3 Either party's address may! be changed by a party giving notice to all other parties as provided above. Post Office receipts or overnight express carrier receipt is conclusive proof that notice was delivered in due course. SECTION 26. NO WAIVER BY CITY Failure of the City to declare any default upon its occurrence, as provided in Section 12 defining default, or delay action in connection with a matter that may constitute a default, does not waive the default or breach. Rather, the City has the right to declare a default as a result of a breach or failure to perform on Lessee's part at any time and take such action in response as may be lawful or authorized under this lease. Moreover, the City's conduct with regard to a lapse, breach, or default by Lessee at one time or in one respect does not be construed as a waiver of any subsequent or other lapse, breach, or default of any term, condition or covenant of this lease. SECTION 27. FORCE MAJEURE. If the City or Contractor is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or Contractor are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes, the party affected will promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. SECTION 28. MODIFICATIONS No changes or modifications to the Contract may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. SECTION 29. NON-DISCRIMINATION Contractor warrants that it is and will continue to be an Equal Opportunity Employer. Contractor covenants and agrees that Contractor shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the public access studio, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. SECTION 30. TAXES Contractor shall pay all taxes and all other licenses and fees required to operate and maintain operations as public access studio. Further, Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended, prior to their respective due dates. Contractor must provide proof of payment of these taxes within 30 days after City Manager requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly authorized representatives as of the __ day of ,2003. CONTRACTOR: CITY OF CORPUS CHRISTI: Name: George K. Noe Title: City Manager ma_rQe: Title: Approved as to form: July 10, 2003 Lisa Aguilar Assistant City Attorney for City Attorney 10 Studio Item Qty. Audio 1 Cameras w/CCU and Cable 3 Cassette 1 CD Player i 1 Editor Controller ; 1 Graphic Generator 1 InterCom System (4 head~ets0 1 Monitors (quads b&w) 2 Monitors (14" Color) 2 Monitors (9" Color) 2 ½ vhs Player 1 3/4 player 1 3A Editor (Recorder) 1 TBC 3 Sync Generator 1 t Misc. (microphones, stand, cables) 1 Racks w/console 5 Kilgel "Scoops" (1000 watts)* 4 Kilgel "Femels" (750 walls)* 3 Backlights (650 watts)* 3 Editing Room Item Qty. Editing controller 1 Character Generator 1 Character Generator Encoder 1 13" color monitor 1 9" B/W monitor 2 ~" player 1 SVHS ~" Editor 1 Audio/Video Mixer 1 Audio Cassette Player/Recorder 1 %" VCR 1 CD Player 1 Racks w/console 2 EXHIBIT A (page 1 of 2) Equipment Check-Out Item Qty. VHS Camcorder 3 Tripods 3 Hand microphones i 3 Lapel microphones I 3 3 light kit ~ 3 Mic stands w/boom arm 3 Assorted cables, plugs, accessories 1 Microphone mixer , 1 Equipment in Storage Item Qty. Panasonic Edit Controller AG-A750 1 Panasonic SVHS Player AG-7650 1 Panasonic Security Camera 1 Panasonic Security Camera Drive Unit 1 Sony 9" Color TV/Monitor 1 AD Switcher VGA MAC 1 5' Monitor Ceiling Mount 1 TV Monitor Ceiling Mount 1 Box/assorted power/video/control cables I EXHIBIT A (page 2 of 2) Replacement of Broken Equipment with Used Equipment EQUIPMENT MODEL DESCRIPTION AMOUNT BR-DV6000A REPLACES % INCH - CONNECTS INTO ANY EDITING Used Professional DV SYSTEM - LINEAR OR NON-LINEAR— IT HAS THE $3,101.26 Recorder / Player PERFORMANCE SPECS TO PRODUCE HIGH- QUALITY, PROFESSIONAL RESULTS, PER TIME WARNER STANDARDS OF DV I JVC BR-S822U Pro 'Y2 INCH FOR USE IN STUDIO AND EDITING Used $2840.00 Editor/Recorder x 2 = 5,680 SVHS COMPACT 8mm Sony Model EVO- AC/DC OPERATION. CHANNEL 3/4 OUTPUT FOR USE ON Used RECORDER/PLAYER 520 Recorder/Player STANDARD TV. $1,890.00 BNC AND RCA TYPE VIDEO INPUT CONNECTORS. RCA TYPE AUDIO CONNECTORS. X1 PLAY, SLOW AND FRAME ADVANCE CONTROLS, ELECTRONIC COUNTER REMOVED FROM SERVICE, GOOD CONDITION. INCLUDES AC POWER CORD. NO OTHER ACCESSORIES. Portable Video Camera SONY HDW-F900 HDVF-20A VIEWFINDER, HIGH PERFORMANCE X3 Used CINE ALTA HDCAM EYEPIECE, SUPERCARDIOID SHOTGUN MIC, VCT -14 $4,250.20 TRIPOD PLATE, SHOULDER STRAP, RAIN COVER, OP MANUAL, MAINT MANUAL, AND LC-HD7 CARRY CASE Total Replacement of Significant Inoperable Equipment: $14,921.46 EXHIBIT B (page I of 3) Studio Area & Studio Equipment Setup ITEM ADDITONAL DESCRIPTION AMOUNT Studio lighting track Single track lighting Tubing with Single rail $ 960. bends to meet wall contours Cross Rail lighting Total 15 @ $250.00 w clamps installed = $3,750 Single track lighting tubing clamps 6 @ $37.00 = $222 Electrical switch box installed with supply $630.00 Labor $200 = breakers for lighting to meet code $830 Switcher control panel for lighting $320.00 Used Studio camera/Tripod setup and calibrated $250 Intercom to studio $200.00 Assembly of lights 4 1,000 watts @ $60.00 each _ $240 3 750 wafts Fernels @ $40.00 = $120 3 Back light assembly install 3 @ $40.00 = $120 Calibration of 3 cameras $680 Calibration of 3 camera body units 3 @ $450.00 = $1,350 Overall equipment cleanin $200.00 Total Studio $9,242.00 EXHIBIT B (page 2 of 3) Editing Equipment ITEM ADDI DESCR. AMOUNT Wiring, labor, parts $130.00 CCD Video Monitors assembly in rack, calibration, wiring, parts 7 x $240.00 = $1,680 Audio RF signal generator assembly in Rack, wiring, labor, parts $120.00 Graphic Generator calibration, labor $120.00 13" Monitor assembly, wiring, labor, parts $120.00 9" Monitor B/W assembly, wiring, labor, parts $120.00 Cassette assembly, wiring, labor, parts $180.00 Studio grade CD player assembly, wiring, labor, parts $100.00 Raising of ceiling with supports labor, parts $1,476.00 Chroma Key paint w/curtains/han ers, labor, parts $120.00 Studio adaptable flooring $1,100.00 Total Editing $5,266.00 Checkout Equipment ITEM AMOUNT 3 VHS Camcorders calibration, assembly, labor, parts $580.00 3 $230.00 3 Mic Booms from light rails, install, labor, parts $140.00 Total Checkout $950.00 Total Equipment Move/Setup/Calibration Costs $15,458.00 Exhibit B (page 3 of 3) ORDINANCE APPROPRIATING $30,379 FROM THE RESERVE FOR GOVERNMENT ACCESS EQUIPMENT AND FACILITIESIN THE NO. 1020 GENERAL FUND FOR ACCESS CHANNEL EQUIPMENT AND FACILITIES; AMENDING OPERATING BUDGET ADOPTED BY ORDINANCE NO. 024974 TO INCREASE APPROPRIATIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,379 is appropriated from the Reserve for Government Access Equipment and Facilities in the No. 1020 General Fund for access channel equipment and facilities. SECTION 2. That the Operating Budget adopted by Ordinance 024974 is amended to increase appropriations by $30,379. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ., 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neai, Jr. Mayor APPROVED: July 11,2003 Lisa Aguilar ~ Assistant City Attorney for City Attorney 31 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2003 AGENDA ITEM: Resolution authori;~ing the City Manager to execute on behalf of the City of Corpus Christi the Interruptible Water Supl~ly Contract between Lavaca-Navidad River Authority and City Of Corpus Christi, Texas; and providing for severance. ISSUE: In 1993, the City of CorpUs Christi and the Lavaca-Navidad River Authority ("LNRA") entered into a Water Delivery and Conveyance Contract, and under that contract the City built the Mary Rhodes Pipeline, completed ir~ 1998, which presently conveys to the City 41,840 acre-feet of water annually for municipal and inCustrial purposes. In 2001, the City and LNRA entere~l into an Interruptible Water Supply Contract that made 4,500 acre-feet of interruptible water avallable to the City, and, subject to permitting, gave the City an option of purchasing an additional ~',500 acre-feet of interruptible water; and LNRA obtained authority from thel Texas Commission on Environmental Quality to make the additional 7,500 acre-feet of interrul~tible water available to the City. This additional 7,500 acre-feet of interruptible water is available with a high degree of dependability and at a very economical price. The cost of the recently acquired 4,500 acre-feet of interruptible water is 50 percent of the annual price for firm water. Currently, the cost of firm water is $91.89. At 50 percent of the cost of firm water, the cost of interruptible water is $45.95. The cost of the additional 7,500 acre-feet will also be 50% of the annual contract price when we actually take delivery of the water. This amendment also includes an option price of 30 percent of the cost of firm water for those instances when the water is available, but City is unable t~o take the water. At $91.89 per acre-foot, the cost of the option would be only $27.57, which is 20 percent less the price of the interruptible water. The interruptible water has been ven/beneficial to the City, its citizens, and the customers it serves in the long term, especially during recurring drought conditions in the Nueces River watershed. Because the Mary Rhodes Pipeline currently has the capacity to deliver the water, the City can utilize the interruptible water at an extremely advantageous price. Since the City has been using the pipeline to transfer water from Lake Texana, we have been able to reduce the amount of water drawn from the reservoir system. The availability of this water was previously certified by Dr. Robert Brandes, a leading hydrologist who worked for the LNRA on this matter. REQUIRED COUNCIL ACTION: Approval of resolution. CONCLUSION AND RECOMMENDATION: Approval of the resolution. Attachments Ronald F. Massey Assistant City Manager FIRST AMENDMENT TO 1NTERRUPTIBLE WATER SUPPLY CONTRACT BETWEEN LAVACA-NAVIDAD RIVER AUTHORITY AND CITY OF CORPUS CHRISTI, TEXAS This First Amendment to the July 24, 2001 Interruptible Water Supply Contract between the Lavaca-Navidad River Authority and the City of Corpus Christi, Texas (this "First Amendment") is made and entered into as of this day of 2003, the "Effective Date" by and betwee~ the La,v, aca-Navidad River Authority (the "LNRA") and the City of Corpus Christi, Texas (tl~e "City '). WHEREAS, on July 24~ 20.0,1, the LNRA and the City entered into an interruptible water supply contract ("the Contract ') wherein LNRA agreed to sell to the City 4500 acre- feet of water per annum on an interruptible basis; and WHEREAS, the City agreed to purchase the 4500 acre-feet of water and to pay the LNRA for all such water, whether or not the City actually took delivery of any or all of the 4500 acre-feet of water in any Y~ar; and WHEREAS, LNRA determined that an additional supply of up to 7500 acre-feet of water per annum might be available on an interruptible basis; and WHEREAS, the LNRA and the City agreed in the Contract that should the LNRA receive all the necessary authoriZations to enable the LNRA to sell and deliver the additional supply of 7500 acre-feet ofwateX per annum m the City, the LNRA would notify the City of the availability of said supply and the City would notify the LNRA if the City desired to purchase the additional 7500 acre-feet of water; and WHEREAS, the City agreed in the Contract, that should the City agree to purchase the additional 7500 acre-feet of water that it would do so on the same terms and conditions under the Contract for the City'S purchase of the initial 4500 acre-feet of water per annum; and WHEREAS, since the time that the parties entered into the Contract, the LNRA has received all the necessary authorizations and through this process has determined that the reliability of the availability of the 7500 acre-feet of interruptible water is less than the reliability of the availability of the initial 4500 acre-feet of interruptible water; and WHEREAS, due to these changed circumstances, the parties have determined that it would be appropriate to agree upon new terms and conditions for the purchase and sale of the additional 7500 acre-feet of interruptible water. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual benefits and provisions hereinafter contained in this First Amendment, the LNRA and the City agree that the Contract between the LNRA and the City is amended as follows: IIServerladmin IWORDICONTRA Cl~lnterruptible Water Stqa First Amendment 7500 act Final 062003.doc Section 3.01(c) is stricken and this New Section 3.01(c) is substituted to read as follows: (c) LNRA has determined that 7500 acre-feet of additional water may be available annually on a~ interruptible basis in Lake Texana and has obtained authorization from the T0xas Commission on Environmental Quality (TCEQ) to appropriate and deliver such additional water to the City. The City agrees to reimburse LNRA for all reasonable expenses incurred in obtaining TCEQ authorization to appropriate and deliver such additional water. The City agrees to reimburse LNRA sucl~ expenses within 45 days following billing and LNRA agrees to provide appropriate documentation of expenses if requested by the City. (i) If LNRA determines that the 7500 acre-feet of water or a portion thereof is available, LNR~ agrees to notify the City. After receiving notice from LNRA that such additional water is available, the City shall have forty- five (45) days in which to notify LNRA that it agrees to accept delivery of such additional water. If the City decides not to accept delivery of the additional available water, the City agrees to pay LNRA for such water at the rate per acre-foot of water the "Option Price" of 30% of the rate being charged for the water supplied pursuant to the December 14, 1993 Water Delivery and Conveyance Contract between LNRA and the City. (ii) If the City accepts delivery of the additional available water, the City agrees to pay LNRA for such water at the rate per acre-foot of water "Interruptible Water Rate" of 50 % of the rate being charged for the water supplied pursuant to the December 14, 1993 Water Delivery and Conveyance Contract between LNRA and the City. IN WITNESS WHEREOF, this First Amendment to the Interruptible Water Supply Contract dated July24, 2001 between the Lavaca-Navidad River Authority and the City of Corpus Christi, Texas, is executed as of the date first written above on behalf of the LNRA and the City by their respective authorized officers, in multiple counterparts, each of which shall constitute an original. LAVACA-NAVIDAD RIVER AUTHORITY Sharla Vee Strauss Board President CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF CORPtJS CHRISTI THE INTERRUPTIBLE WATER SUPPLY CONTRACT BETWEEN LAVACA-NAVlDAD RIVER AUTHORITY AND CITY OF CORPUS CHRISTI, TEXAS; AND PROVIDING FOR SEVERANCE WHEREAS, in 1993, the City oflCorpus Christi and the Lavaca-Navidad River Authority ( NRA ) entered nto a Water I~el~very and Conveyance Contract, and under that contract the City built the Mary Rhodes Pipeline, completed in 1998, which presently conveys to the City 41,840 acre-feet of water annually for municipal and industrial purposes; and WHEREAS, in 2001, the City and LNRA entered into an Interruptible Water Supply Contract that made 4,500 acre-feet of interruptible water available to the City, and, subject to permitting, gave the City an option of purchasing an additional 7,500 acre-feet of interruptible water; and WHEREAS, LNRA obtained authority from the Texas Commission on Environmental Quality to make the additional 7,500 acre-feet of interruptible water available to the City; and WHEREAS, this additional 7,500 acre-feet of interruptible water is available with a high degree of dependability and at a very economical price; and WHEREAS, the interruptible water would be very beneficial to the City, its citizens, and the customers it serves in the long term, and would be especially beneficial during recurring drought conditions in the Nueces River watershed; and WHEREAS, because of the Mary Rhodes Pipeline the City can utilize the interruptible water at an extremely advantageous price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager is authorized to execute on behalf of the City of Corpus Christi the Interruptible Water Supply Contract Between Lavaca-Navidad River Authority and City of Corpus Christi, Texas, which is attached to this ordinance as Exhibit A and incorporated into this ordinance for all purposes. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this resolution for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its intended purpose. R33718A1 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: Resolution auth,~rizing the City Manager, or the City Manager's des gnee, to submit a notice of intent to applylfor a Regional Facility Planning Grant to the Texas Water Development Board for the development of a large-scale seawater desalination demonstration project in Corpus Christi ISSUE AND BACKGROUND: On April 29, 2002, Governor Perry charged the Texas Water Development Board (TWDB) to develop a recommendation for a large-scale seawater desalination demonstration project. The City of Corpus Christi submitted a proposal along with twelve other groups in response to the TWDB request for proposals. The TWDB issued a report selecting three projects to proceed toward implementation. These three projects were the Freeport project, the Lower Rio Grande Valley project and the Corpus Christi project. The TWDB further recommended that the legislature appropriate $1.5 million so that the TWDB can issue grants for studies for the three projects. During the legislative session, Representative Vilma Luna carried House Bill 1370 which directed the TWDB to undertake the studies and report back not later than December 1, 2004. In addition, the Appropriation Committee, for which Representative Luna served as vice- chairman attached Rider 16 to the TWDB appropriations which authorized $1.5 million for grants for desalination projects. On Thursday, July 17, 2003, City of Corpus Christi staff and Lucas Meyers of Representative Luna's office, together with representatives of Freeport and the Lower Rio Grande Valley, met in Austin with TWDB officials, who announced the call for the appropriated grants funds. TWDB staff indicated that there was a need to move forward very rapidly and has requested that the three entities issue a notice of intent[ to apply for the financial assistance on or before August 15, 2003, and to submit a draft application by that same date with a final application due by August 29, 2003. While city staff recognizes that this time frame is extremely short, we feel confident that we can meet the TWDB time frame. Since the City Council's first meeting in August will be on August 19, we are requesting Council authorization to move forward at this time in order to meet the TVVDB timing requirements. We will come back to the City council with the final application prior to submission in late August. CONCLUSION AND RECOMMENDATION: In order to meet the TWDB timeline, we are requesting the City Council authorize staff to issue the appropriate notice of intent to apply for financial assistance and to submit such application to the TWDB. Special Assistailt to the CityManager RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A NOTICE OF INTENT TO APPLY FOR A REGIONAL FACILITY PLANNING GRANT AND TO SUBMIT THE GRANT APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR THE DEVELOPMENT OF A LARGE-SCALE SEAWATER DESALINATION DEMONSTRATION PROJECT IN CORPUS CHRISTI NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a notice of intent to apply for a Regional Facility Planning Grant to the Texas Water Development Board for the development of a large-scale seawater desalination demonstration project in Corpus Christi. SECTION 2. The City Manager, or the City Manager's designee, is authorized to establish formal and direct contact with all appropriate entities that impact or could be impacted by the project. SECTION 3. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 18th day of July, 2003, ,~ 'c~ityn,~ffo rney Samuel L. Neal, Jr. Mayor R33727A1 ,doc 33 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: authorizing a two-year contract with two one-year renewal options between the City of Motion Corpus Christi, Texas, and Concert[fa Medical Center to provide occupational health services. ISSUE: The City of Corpus Christi's curren~ contract for occupational health services will expire on July 31, 2003. A Request for Proposals (RF~) was issued on June 5, 2003. Proposals were received on June 23, 2003 and were reviewed by tl~e members of the evaluation team. As a result of the RFPs received and reviewed, Concentra ~ledical Center is determined to be the best value for the City in providing these services. REQUIRED COUNCIL ACTION: Council approval is needed authorizing a two-year contract with two one-year renewal options to provide occupational health services. FUNDING: Funding for this contract has been i~cluded in the proposed budget for Fiscal Year 2003-2004. CONCLUSION AND RECOMMIENDATION: Staff recommends approval of the motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and Concentra Medical Center to provide occupational health services. Director of Financial Services Attachments: Background Information Schedule A-Evaluation Criteria Schedule B-Evaluation Summary BACKGROUND INFORMATION BACKGROUND i In June of 2003, Requests For PrOposals were issued for occupational health services. Of the fourteen vendors who received the 13FP, four responded with proposals. Responses to the RFP were received on June 23, 2003 in the PrOcurement Division. All of the four responses were provided by local vendors. The contract with the current provider will expire July 31, 2003. EVALUATION Initially, an evaluation team was chgsen which was comprised of the Human Resources Director, the Risk Manager, the Senior Purchas~g Analyst, the Risk Management Analyst, Human Resource Analyst and the Senior Management Assistant/Finance. The evaluation team reviewed proposals for responsiveness. None were eliminated for non-responsiveness to RFP requirements. The proposals were evaluated by the team using the following criteria: (1) risk 25%, (2) strategic need 10%, (3) technical solution 30%, and (4) cost 35%. The resulting matrix prioritized each vendor based onthe point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in Schedule A. RECOMMENDATION As a result of this evaluation, Coneentra is the highest ranking provider as shown in Schedule B. Therefore, City staff recommends City Council approval of a two-year contract with two one-year renewal options with Concentra Medical Center to provide occupational health services. Schedule A CRITICAL OPPORTUNITY EVALUATION OF OCCUPATIONAL HEALTH SERVICES PROPOSALS RISK STRATEGIC NEED TECHNICAL SOLUTION COST TOTAL 35% 10% 25% 30% 100% Adequacy of Medical 1. Promotion of Open Oral 1. Physician's role (2, 4, 6) Services (1, 3.3) and Written Communication /50% /25% /45% Hours of Operation and 2. Provide legal depositions 2. Medical Services (3, 5, 9, Average Wait time (3.6) as necessary (11) 10,12) /10% /15% /30% 2. References (3.3) 3. Coordinate with City's 3. Provide medical reports /10% Workers' Compensation (13, 15, 16, 3.5) Plan (187) /20% 3 /40% Financial Stability (3.3) /20% 4. Litigations and Lawsuits [HIPAA] (3.4) /10% 5 Physical Therapy (Amendment #1) /25% 6 7/17/2003 1:53 PM Schedule B CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX OCCUPATIONAL HEALTH Conc~entra Comp Care One Med Saratoga Evaluation Criteria Maximum Potnts Points Points Points Points Awa~rded Awarded Awarded Awarded Risk 35 points 23.1 23.4 25.3 24.7 Strategic Need 10 points 8.~0 10.0 7.2 0.0 technical Solution 25 points 2,5.0 22.5 17.3 4.3 Cost 30 points 30.0 26.0 26.0 19.0 TOTAL 86r. 1 81.9 75.8 48.0 ~;105,4~13.00 $119,565.00 $119,445.00 $166,836.00 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ITEM: (Caption as it ~Should appear on the agenda) An Ordinance amending the Co~e of Ordinances Chapter 24, Human Relations, by adding Article V, Discrimination Agains~ Individuals With Disabilities, establishing procedure and implementation; providing publidation; providing for severance; and providing for penalties. ISSUE: The City's advisory boar has requested the City Counc discrimination ordinance to ensL services, activities and progran proposed ordinance would be disabilities frem being excluded J of the Committee for Persons with Disabilities (CFPWD) I's consideration of the CFPWD's recommended non- re persons with disabilities have accessibility to facilities, is by the City and its contractors. By declaration, this ;ome City policy and locally prohibit individuals with frem full participation in, be denied the benefits of, any service, activities or pregrams by the City or by persons and organizations that conduct business with the City. Upon implementation of the preposed non-discrimination ordinance, any individual with a disability who believes that he/she has been discriminated against based on their disability could exercise their civil rights at the local government level which allows for local enforcement and penalties. This preposed ordinance applies to the City and other parties that receive any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City prevides or otherwise makes available assistance in the form of: funds; services of City personnel; or real or personal preperty or any interest in or use of such preperty, including transfers or leases of such preperty for less than fair market value or for reduced consideretion; and preceeds frem a subsequent transfer or lease of such preperty if the City share of its fair market value is not returned to the City. Any City contractor that is non-compliant under the requirements of the preposed ordinance and fails to rectify would place their financial assistance through the City at risk and be subject to contract termination. Although training and public awareness of Americans with Disabilities Act (ADA) and accessibility issues could potentially increase with a local non-discrimination ordinance, the significance of this ordinance is to previde local enforcement and investigation of inaccessibility issues through the City and also its contractors. The City primary responsibilities would be administration, research, investigation, enforcement and monitoring of non-compliance under the ADA and this ordinance. The specific City contractors that are not in compliance for accessibility is undetermined. There are some unknown impact(s) to those City contrectors where the proposed ordinance would apply. City contractors would need an assessment conducted of their facilities and operations for compliance under the preposed ordinance and previde assurances of compliance to the City. REQUIRED COUNCIL ACTION: City Council approval is required for the City to accept the non-discrimination ordinance as proposed by the CFPWD. PREVIOUS COUNCIL ACTION: None on this item. FUNDING: Funding is not budgeted in the City's FY 2003-04 Proposed Budget. The estimated City cost to begin implementation of this proposed non-discrimination ordinance is $345,336. CONCLUSION AND RECOMMENDATION: Addressing accessibility complaints/reasonable accommodations and providing technical assistance on ADA related matters have been an ongoing function of the City. More recently the City Council adopted the City's ADA Title II Comprehensive Evaluation and Transition Plan in February of 2003. Also, in its greater commitment toward accessibility, the City Council recommended that the City maintain ADA compliance as a high priority. Although the City recognizes and supports efforts to deter discrimination against persons with disabilities, City Staff is unable to recommend the existing non-discrimination ordinance for adoption at this time. Staff has not had the opportunity to consider any input/concerns from the City contractors that may be impacted by this ordinance. Contractors have not had the opportunity to learn about this proposed ordinance and provide feedback. L. David Ramos Director of Human Relations Attachments: 1. The CFPWD's Draft Ordinance on Non-Discrimination 2. Memorandum on Impact of CFPWD Proposed Non-Discrimination Ordinance (For copies of this impact memo's attachments, please contact L. David Ramos at (361) 880-3190 or 1201 Leopard in Corpus Christi, Texas 78401.) 3. CFPWD & City Combined Draft Non-Discrimination Ordinance BACKGROUNDINFORMATION At its July 2003 Monthly ~eeting, the Committee for Persons with Disabilities recommended by motior~ to submit its non-discrimination ordinance to the City Council for consideration. A DRAFT ORDINANCE Recommended by the Committee for Persons with Disabilities ~G THE CODE OF O~ANCES CH~TER 24, ~ ~LATIONS, BY ~D~G ARTICLE V, DISC~ATION AG~ST ~WIDUALS ~TH DISAB~IT~S, ESTABLISH~G PROCED~ ~ ~LE~NTATION; PROVID~G P~LICATION; PROVID~G FOR SEVE~CEt ~ PROVID~G FOR PENALT~S. BE IT O~D BY THE CIT+ CO~C~ OF THE CITY OF CO~US CH~STI: SECTION 1. That the Code of Ofrdinances, City of Corpus Christi, Chapter 24, Human Relations is amended by adding Article V, Discrimination Against An Individual With A Disability to read as follows: ARTICLE V: DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY Sec. 24-84 Declaration of Policy (a) It is hereby declared to be the policy of the City to bring about through fair, orderly and lawful procedules, that no qualified individual with disability shall, on the basis of such disability, be excluded from participation in, be denied the benefits of, or otherwise be subjeated to discrimination under any program or activity operated or contracted for by the City. It is further declared that such policy is established upon the recognition of the inalienable fights of each qualified individual with a disability to participate fully and receive the benefits of, all programs and activities of the City. (c) It is further recognized that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an tmjust denial or deprivation of such inalienable rights which is within the power and responsibility of government authority to prevent. See. 24-85 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Auxiliary Aid includes: Services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, texts on tape, materials in braille, and large print materials. This list is not ~xclusive and functional equivalents may be substituted for any auxiliary aid. City Manager means the City Manager of Corpus Christi or his/her designee. 070303 Draft- GFPWD Non-Discrimination Ordinance 1 070303 Director means the Director of the Human Relations Department or his/he~ designee. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) Physical ar mental impairment means any physiological disorder or condition, ~osmetic disfigurement, or anatomical loss affecting one or more of the folloFing body systems: neurological; musculoskeletal; special sense organs; respiratory (including speech organs) cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine. Mental impairmen~ also includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, heating, speaking, breathing, learning, and working. (3) Has a record of such impairment means a history of, or has been misclassifiad as having a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means has a physical or mental impairment that does not substantially limit major life activities but that is treated by another as constituting such limitation. Being regarded as having an impairment also means has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated by others as having such an impairment. Discrimination means any direct or indirect exclusions, distinctions, segregation, limitation, refusal, denial, or any other differentiation in the treatment of an individual or individuals with disabilities on account of a disability. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. Financial assistance means any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City provides or otherwise makes available assistance in the form of: funds; services of City personnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less than fair market value or for reduced consideration; and proceeds from a subsequent Draft- CFPWD Non-Discrirninatinn Ordinance 2 transfer or lease of such property if the City share of its fair market value is not returned to the City. Person with disabilities means any person who has a disability as defined in "disability" above. Qualified individual with a t~isability means an individual with a disability who, with or without reasonable mo.dlfications to roles, policies, or practices, the removal of architectural,_communicatio~, or transportation ban/ers, or the provision of auxiliary aids and services, meets the essential eligibility requirements of the receipt of services or the participation in programs or activities provided by the City, or entities using City facilities. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include: (1) The nature and cost of the action; (2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of Xhe action on the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the type of operation or operations of any Parent Corporation or entity, including the composition, structure, and functions of the workfome of the Parent Corporation or entity. Sec. 24-86 (a) Communications The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (1) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the City. 070303 Draft- CFPWD Non-Discrimination Ordinance 3 (2) In determining what type of auxiliary aid and service is necessary, the City shall give prima~ consideration to the requests of the individuals with disabilities. The City and its contractors in considering reasonable accommodations must provide auxiliary aids and services when they are necessary to ensure effective communication w~th individuals with hearing, vision, or speech impairments. Auxiliary aids that Would result in an undue burden or in a fundamental alteration in the nature of the goods or services are not required by the regulation. See. 24-87 (a) Prohibited Practi{es The City in providing any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability (1) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service. (2) Afford a qualified individual with a disability an opportunity to participate in or benefit f/om the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain thc same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (4) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (5) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to any agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs; (6) Deny a qualified individual with a disability the oppommity to participate as a member of planning or advisory boards and commissions; (7) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. 070303 Draft - CFPWD Non-Discrimination Ordinance 4 Co) (c) (d) (e) (0 The City shall not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. The City shall nohdirectly or through contractual or other arrangement, utilize criteria or methodsDf administration that: (1) t Have the e~fect of subjecting a qualified individual with a disability to discriminatipn on the basis of such disability; (2) Have the purpose or effect of defeating or substantially impairing accomplishipent of the objectives of the City's program with respect to individuals ~ith disabilities. In determining the lite or location of a facility, the City and its contractors shall not make selections tha~: (1) (2) Have the eff~t of excluding individuals with disabilities from, denying them the benefits! of, or otherwise subjecting them to discrimination under any program or activity; or Have the pm'Pose or effect of defeating or substantially impairing the accomplishinent of the objectives of the service, program or activity with respect to individuals with disabilities. The City shall not administer a financial assistance program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of such disability, nor may the City provide financial assistance to programs or activities that subject qualified individuals with disabilities to discrimination on the basis of such disability. The aid, benefit, ~ service provided under a program or activity receiving or benefiting from City financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or part, with City funds. Sec. 24-88 Personal Devices and Services Nothing required in this Ordinance is to include, or be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use of study; or services of a personal nature including assistance in eating toileting 070303 Dmtt- CFPWD Non-Discrimination Ordinance 5 or dressing. Nothing in this Ordinance is to be construed as a requirement that a City service be fundamentally altered. Sec. 24-89 Undue Burden of Applicants for Contractual Financial Assistance Integration of individuals With disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act. Companies providing goods and services to the public neec[ to take certain limited steps to improve access to existing places of business. This mandate includes the obligation to remove barriers from existing buildings when it is readily achieval~le to do so. Readily achievable means easily accomplishable and able to be carried out withgut much difficulty or expense. Removing barriers by constructing a curb ramp, widening an entrance door, installing visual alarms, or designating an accessible parking space is often essential to ensure equal oppommity for people with disabilities. Because removing these and other common barriers can be simple and inexpensive in some cases and difficult and cosily in others, therefore a flexible approach to compliance should be practical. A business Or other private entity that serves the public must ensure equal oppommity for people with disabilities. The requirement to remove barriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a place of public accommodation. Further, barriers must be removed only where it is readily achievable to do so. Readily achievable means easily accomplishable and able tO be carried out without much difficulty or expense. A public accommodation must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Auxiliary aids that would result in an undue burden or in a fimdamental alteration in the nature of the goods or services are not required by the regulation. If your business provides goods and services to the public, you are required to remove barriers if doing so is readily achievable. Such a business is called a public accommodation because it serves the public. If your business is not open to the public but is only a place of employment like a warehouse or manufacturing facility, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not required to remove barriers in existing facilities, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility. Sec. 24-90 Affidavit of Compliance by Applicants for Contractual Financial Assistance An applicant for contractual financial assistance from the City, other than procurement contract or a contract of insurance or guaranty, shall submit an assurance of compliance, on a form specified by the Director, that the program will be operated in compliance with this 070303 Draft - CFPWD Non-Discrimination Ordinance 6 chapter. An applicant may incorporate this assurance by reference in subsequent applications to the City. See. 24-91 (a) (b) City to Evaluate ItSelf Annually The City shall annually: (1) Evaluate, wi disabilities c current polic meet the rec (2) h the assistance of interested persons, including people with r organizations representing persons with disabilities, its [es and practices and the effects thereof that do not or may not firements of this article; Modify, afte' consultation with interested persons, including persons with disabilities e r organizations representing persons with disabilities, any policies that do not meet the requirements of this article; and (3) Take, after ~onsultation with interested persons, including persons with disabilities qr organizations representing persons with disabilities, appropriate ~emedial steps to eliminate the effects of any discrimination that result from adherence to these policies and practices. The City shall maintain on file and make available for public inspection: (1) A list of the interested persons consulted; (2) A description of areas examined and any problems identified; and (3) A desca'iption of any modifications made and of any remedial steps taken. Sec. 24-92 (a) City Adoption of Designated Coordinator and Grievance Procedure The City shall designate at least one person to coordinate its efforts to comply with this article. The City shall adopt grievance procedures that incorporate appropriate due process standards and that provide the prompt and equitable resolution of complaints alleging any action prohibited by this article. 070303 Draft- CFPWD Non-Discrimination Ordinance 7 Sec. 24-93 (a) Co) City's Non-Discrimination Notice regarding Individuals with Disabilities The City shall take appropriate and continuing steps to notify participants, beneficiaries, employees, or applicants, including those with impaired vision or heating, and unions or professional organizations holding professional agreements with the City that it does not discriminate on the basis of disability. The notification shall state, where appropriate, that the City does not discriminate on the basis of disability. The notification shall also include an identification of the person and department responsible for investigating complaints of discrimination. If the City publishe~ or uses materials or publications containing general information that it makes available to participants, beneficiaries, employees, or applicants, it shall include in those materials or publications a statement of the policy described in subsection (a) above. Sec.24-94 Requirements to Insure Accessibility (a) No qualified individual with a disability shall, because of inaccessibility to or unusability of the City or its contractors, facilities, be denied the benefits of, be excluded fi.om participation in, or otherarise be subjected to discrimination under any program or activity to which this section applies. Co) The City and its contractors shall operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to individuals with disabilities. This subsection does not require that every existing facihty or every part of a facility be made accessible to and usable by persons with disabilities. (c) Procedures will be adopted and implemented to ensure that interested persons, including persons with impaired vision or heating, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by persons with disabilities. (d) Each facility or part of a facility constructed by, on behalf of, or for the use of the City or its contractors shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by persons with disabilities in compliance with ADA and regulatory standards. (e) Each facility or pan of a facility which is altered by, on behalf of, or for the use of the City or its contractors in a manner that affects or could affect the usability of the facility or part of the facility is readily accessible to and usable by persons with disabilities. 070303 Draft - CFPWD Non-Discrimination Ordinance 8 (0 Design, constmcti0n, or alteration of facilities in conformance with Texas Accessibility Standards of the Architectural Barriers Act, Article 9102, Texas Civil Statutes shall constitute compliance with this section. Sec. 24-95 Administration As a means of implementin focal point for coordinatin implementation of any rele have the following responsi and enfoming this article, the Director will serve as the City's the implementation this article as well as coordinating the ~ant new and existing laws and ordinances. The Director will bilities: (a) Coordinate the investigation and/or conciliation procedure outlined in Sec. 24-97 and assist in resolving ~rievances to assure prompt solutions; (b) Prepare and diaserr~nate information regarding disability rights to the public, City departments, and cdmmunity agencies; (c) Research administr,tive policies and procedures to identify for City management, modifications requited for accessibility to individuals with disabilities; (d) Monitor City activities related to individuals with disabilities and conduct periodic compliance reviews ~o assure that all City departments are providing services that are accessible to individuals with disabilities; (e) Recommend lxaining programs for various groups of the City organization in which accessibility and employment related needs are provided to assure that all City services are available to the disability_community; (f) Provide technical assistance and consultation to all City departments in areas related to accessibility as defined by law; and, (g) Assist in the development of long-range planning activities to accomplish compliance. Sec. 24-96 (a) General Enforcement Guidelines Any individual who believes that he/she has been discriminated against because of his/her disability may file with the Director a request to have the Director investigate and/or mediate his/her complaint. 070303 Draft - CFPWD Non-Disc~ination Ordinance Co) (c) (a) (e) (t) Nothing in this article shall create a civil cause of action for damages against the City or preclude any aggrieved person from seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this article against the City or its agents, employees, and officials. Filing a complaint with the Director is not a prerequisite or a bar to the filing of some other legal complaint or to the pursuit of any other remedy provided by law. The pendency of a complaint before the Director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a pending complaint on the same alleged act of discrimination. In connection with any investigation of a charge filed under this article, the Director or designated investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to the charge under investigation and is not privileged as provided by law. No person shall knowingly, intentionally or recklessly obstruct, or prevent compliance with this article or hinder or interfere with the performance of the proper exercise of a duty, obligation, right or power of the Human Relations Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance. Where appropriate and not in violation of conflicts of interest or other ethical rules of the State Bar of Texas, the City Attorney shall assign counsel to assist the Human Relations Department in the performance of its functions. The City Manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Relations Department. Sec. 24-97 Filing/Investigation under Grievance on Accessibility City Policy G-7 The City of Corpus Christi strives to provide quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any individual with a disability has a complaint regarding accessing City services, programs or activities, the City of Corpus Christi has formulated a policy as a Title II Entity under the Americans with Disabilities Act (ADA) to address such issues. (a) Any person who claims to have been injured by an activity prohibited by this article may file a complaint with the Director of Human Relations. Such complaints will be in the form established by the Director and shall identify the person(s) alleged to have committed or alleged to be committing a discriminatory practice are based. In situations where the grievant's disability requires assistance to submit a complaint, 070303 Draft - CFPWD Non-Discrimination Ordinance 10 (b) (c) (d) the Director will make reasonable effort to assist the person in filing a complaint. The City shall provide complaint forms and furnish them without charge to any person, upon request. All complaints mus[ be filed within 180 days following the occurrence of an alleged discriminatory practice. As soon as practicable, but no more than 15 calendar days, the Director will m~et with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after meeting with the Complainant the Director will respond in writing, and where appropriate, in a format accessible to the complainant, such a~ large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the Director does not satisfactorily resolve the issue the complainant may appeal the Director's decision to the City Manager. Such an appeal must be filed within 15 calendar days after receipt of the response. Within 15 calendar days of the appeal, the City Manager or his/her designee will meet with the Complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All formal complaints received by the Director, the responses to the complaints and the record of appeals to the Human Relations Commission, shall be retained by the City of Corpus Christi for at least three years. Sec. 24-98 l~ling/Investigation Places of Public Accommodation Procedure (a) Upon the filing or referral of a complaint as herein provided, the Director shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the Director shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisions of this article. In the event such review results in the determination that the charge does not come within the provisions of the affmle, the charging party shall be g/yen a clear and concise explanation of the masons why the complaint fails to come within the ordinance. (b) All complaints filed under this Section will proceed in accordance with the procedures set forth in City Policy G-7; except: (1) All determinations of the Director to whether discfiminaton occurred shall be made as promptly as possible or no later than thel00th day after the date 070303 Draft - CFPWD Non-Discrimination Ordinance 11 (2) the complaint is filed, or if unable to complete the investigation within the 100-day period, the Director shall notify the complainant and the respondent in writing of the reasons for delay. Appeals of the Director's decision will be to the Corpus Christi Human Relations Commission. Such an appeal must be filed within 15 calendar days of th~ receipt of the Director's decision. The Human Relations Commission will conduct a heating on the appeal during the next available meeting. Complainants, and Respondents will have the right to appear in person to explain their respective positions to the Commission. Sec. 24-99 Retaliation or Coercion (a) The City and its contractors shall not discriminate against any individual because that individual has opposed any act or practice made unlawful by this article, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or heating under this article or the Americans with Disabilities Act of 1990. (b) The City and its contractors shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this article or the Americans with Disabilities Act of 1990. Sec. 24-100 (b) (c) Remedial and/or Voluntary Action If the outcome of the investigation process under Sec. 24-97 finds that a City program or activity has discriminated against persons on the basis of disability in violation of this article, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary to rectify the problem. All appeals of a grievance will follow established appeal procedures through the City grievance accessibility procedure for program participants/citizens. Where a City program or activity is found to have discriminated against an individual on the basis of disability and where a contractor of a program area has discriminated, the City Manager may require either or both Parties to take appropriate action to rectify the problem. 070303 Draft - CFPWD Non-Discrimination Ordinance 12 (d) The City Manager may, where necessary to overcome the effects of discrimination, require a City program or activity to take corrective action that may include actions: (1) With respect to an individual with a disability who no longer participates in the City's programs but who were participants in the program when such discrimination occurred; or (2) With respe(~t to an individual with a disability who would have been a participant ih the program had the discrimination not occurred. (3) The City m~ty take steps, in addition to any action that is required by this article, to 4vercome the effects of conditions that resulted in limited participation in the City's program or activity by qualified persons with disabilities. (c) If the outcome of the investigation process under Sec. 24-98 finds that a place of public accommodations has discriminated against persons on the basis of disability in violation of this article, the person(s) violating shall be punished by a fine of no less than two hundred fifty dollars ($ 250.00) nor more than the maximum provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi ("City Code"). Violations of Section 24-22(a) of Article 13[ may_be forwarded to the appropriate governmental body to enforce such conduct to the extent and manner prescribed by state law. See. 24-101 SECTION 2. SECTION 3. SECTION 4. Status Reports to the City Council Annually after passage of this article, the Director shall submit to the City Council a status report on the implementation of this article. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Penalties are as provided in this ordinance and in Sec. 1-6 Code of Ordinances. 070303 Draft- CFPWD Non-Discrimination Ordinance 13 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero i Henry Garrett Bill Kelly ., 2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly __ day of ,2003, by the following vote Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PASSED AND APPROVED, this the __ day of ., 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form this the __ day of By: Joseph Hamey Assistant City Attorney For City Attorney ,2003; 070303 Draft - CFPWD Non-Discrimination Ordinance 14 9rpus. -" Chr lStl To: Through: From: Date: Subject: George K. Noe, City Manager Margie Rose,~AssiS~ant City Manager L. David Ramos, Hbman Relations Director May 16, 2003 Impact of CFPWD Proposed Non-Discrimination Ordinance The City's advisory committee, Committee for Persons with Disabilities (CFPWD), is proposing a non-discrimination ordinance regarding persons with disabilities for City Council consideration. Per your request, the Human Relations Department has worked with the City Secretary's Office and other City departments in compiling contractor information in order to assess the impact this proposed ordinance may have to the City, if implemented. The enclosed information is representative of the resoumes and estimated workload volume in applying the proposed ordinance. I. Enforcement As a means of implementing and enforcing the Proposed Ordinance, the Director of Human Relations or designee will serve as the City's focal point for coordinating the implementation of the Proposed Ordinance, as well as coordinating the implementation of any relevant new and existing laws and ordinances. The coordination duties and responsibilities for the Director have been identified within the Proposed Ordinance. Upon implementation of the Proposed Ordinance, any individual who believes that he/she has been discriminated against because of his/her disability may file a request to have the Director of Human Relations investigate and/or mediate his/her complaint. The complaint will be addressed under the "General Enforcement Guidelines" identified in the proposed ordinance. II. Administrative Impact to the Human Relations Department In order to implement, monitor and perform the responsibilities of the Proposed Ordinance on behalf of the City, the administrative costs are as follows: .... Estimated costs to Human Relations Department $ 63,244 Estimated costs of services/activities/programs for Park and Recreation $282,092 P.O. Box 9277 · Coq 9 77 · (361) 880-3190 Other Requirements to the City The Proposed Ordinance also affects City processes for any agreements yielding financial assistance and/or benefit, (other than procurement contract or a contract of insurance or ~luaranty that do not apply to the Proposed Ordinance). This means any company, organization and/or person wishing to conduct business would have to comply with this ordinance, if approved. Compliance of the Proposed Ordinande would need to be communicated during initial agreement discussions, I~re-bid conferences and at the onset of developing new non-procurement or non-insurance/guaranty agreements, contracts, leases, loans and other arrangements, initiated or facilitated by applicable City departments. Likewise, this would also apply to any renewals of existing agreements following the effective date of the Proposed Ordinance. As the Proposed Ordinance also requires that those entering into an agreement with the City provide an assurance to comply with this ordinance, the proposed Compliance Officer position mentioned eadier would be utilized in following-up with the contractor's assurance and subsequent contractor's measures to comply with this ordinance. Additionally, the proposed Compliance Officer will conduct regular public awareness meetings and other educational outreach, as needed. Please note that other requirements affecting City departments within the Proposed Ordinance are similar to those requirements that the City already is responsible for and is addressing as a Title II entity, under the Americans with Disabilities Act (ADA). These other requirements are in the areas of City services, activities and p~ograms. Community Impact As discussed above, the Proposed Ordinance applies to companies, organizations and persons wishing to conduct business with the City and receiving some type of financial assistance and/or benefit. The cost of compliance for community businesses, organizations and contractors is unknown at this time and may later be ascertained for accessibility and compliance by conducting individual self-evaluations, physical surveys and on-site visits to determine non-complianco if applicable. Once deficiencies are identified, the action plan and time frame for non-compliant businesses and contractors to become compliant and accessible will depend on the condition of said business or contractor and will be addressed on a case-by- case basis. City Contracts In order to determine the number of existing City contracts, staff retrieved information from the City Secretary's Office and the City departments. The City Secretary's Office mai~ains a database of contracts by City Council action, whereas the City departments had information on contracts not requiring City Council action. Therefore this contract information is provided in two attachments: Attachment A for contracts in *he amount of $15,000 and greater tO and Attachment B for smaller contracts less than $15,000, both representative of executed contracts from January 2002 through Apdl 2003. Also enclosed is Attachment C which represents event rentals by contract for use of the City's Convention Facilities and Park and Recreation facilities. The data retrieved, from the database in the City Secretary's Office and various City departments, was further refined to exclude the contracts for Federal and State grants, as the City i~s the benefactor. Contracts for City purchases of utility easements and contract~ of insurance or guaranty were excluded, as the proposed ordinance wouNI not apply. The results of the remaining contracts are as follows: Number of L~arge Contracts ($15K+) 256 Number of S~mall Contracts (Less Than $15K) 109 Number of Contracted Event Rentals (Annually) 7,633 Upon your review, please let me know if you have any questions or need anything further in this matter. L. David Ramos Director of Human Relations CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text J= Committee's preferred language, (Green Text) = Staff preferred language. A DRAFT ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 24, HUMAN RELATIONS, BY ADDING ARTICLE V, DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES, ESTABLISHING PROCEDURE AND IMPLEMENTATION; PROVIDING PUBLICATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi, Chapter 24, Human Relations is amended by adding Article V, Discrimination Against An Individual With A Disability to read as follows: ARTICLE V: DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY Sec. 24-84 Declaration of Policy (a) h is hereby declared to be the policy of the City to bring about through fair, orderly and lawful procedures, that no qualified individual with disability shall, on the basis of such disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination ~ander any program or activity operate4 ~ ~ontracted for by the Ci~. It is further declared that such policy is established upon the recognition of the inalienable rights of each qualified individual with a disability to participate ~ ~-~ (in, or) receive the benefits of, all programs and activities of the City. (c) It is further recognized that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and responsibility of government ~. Sec. 24-85 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Auxiliary Aid includes: Services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, texts on tape, materials in braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. 1 Combined Draft Non-Disc~ination Ordinance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: rBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. City Manager means the City Manager of Corpus Christi or his/her designee. Director means the Director of the Human Relations Depamnent or his/her designee. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) Physical ar mental impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory (including speech organs) cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine. Mental impairment also includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) Has a record of such impairment means a history of, or has been misclassificd as having a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means has a physical or mental impairment that does not substantially limit major life activities but that is treated by another as constituting such limitaXion. Being regarded as having an impairment also means has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated by others as having such an impairment. Discrimination means any direct or indirect exclusions, distinctions, segregation, limitation, refusal, denial, or any other differentiation in the treatment of an individual or individuals with disabilities on account of a disability. (Means excluding a qualified individual from participation in or denial of the benefits of City services, programs, or activities, on the basis of disability, as disability is defined in context of this entire section). Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. 2 Combined Draft Non-Discrimination Ordinance 07/17~03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text }= Committee's preferred language, (Green Text) = Staff preferred language. Financial assistance means any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City provides or otherwise makes available assistance in the form of: funds; services of City personnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less than fair market value or for reduced consideration; and proceeds from a subsequent transfer or lease of such property if the City share of its fair market value is not returned to the City. Person with disabilities means any person who has a disability as defined in "disability" above. Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to roles, policies, or practices, the removal of architectural, communication, or transportation barters, or the provision of auxiliary aids and services, meets the essential eligibility requirements of the receipt of services or the participation in programs or activities provided by the City, or entities using City facilities. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include: (1) The nature and cost of the action; (2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the type of operation or operations of any Parent Corporation or entity, including the composition, structure, and functions of the workforce of the Parent Corporation or entity. Sec. 24-86 (a) Communications The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. 3 Combined Draft Non-Discrimination Ordinance 07117103 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. Co) (l) (2) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the City. In determining what type of auxiliary aid and service is necessary, the City shall give primary consideration to the requests of the individuals with disabilities. The City and its contractors in considering reasonable accommodations must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with heating, vision, or speech impairments. Auxiliary aids that would result in an undue burden or in a fundamental alteration in the nature of the goods or services are not required by the regulation. Sec. 24-87 (a) Prohibited Practices The City in providing any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service. (2) Afford a qualified individual with a disability an oppommity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (4) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (5) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to any agency, organization, or 4 Combined Draft Non-Discrimination Ordinance 07/17~03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text]= Committee's preferred language, (Green Text) = Staff preferred language. (b) (c) (d) (e) person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs; (6) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards and commissions; (7) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or oppommity enjoyed by others receiving an aid, benefit, or service. The City shall not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. The City shall not, directly or through contractual or other arrangement, utilize criteria or methods of administration that: (1) Have the effect of subjecting a qualified individual with a disability to discrimination on the basis of such disability; (2) Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the City's program with respect to individuals with disabilities. In determining the site or location of a facility, the City and its contractors shall not make selections that: ( 1 ) Have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity; or (2) Have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program or activity with respect to individuals with disabilities. The City shall not administer a financial assistance program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of such disability, nor may the City provide financial assistance to programs or activities that subject qualified individuals with disabilities to discrimination on the basis of such disability. (F) THE AID, BENEFIT, OR SERVICE PROVIDED UNDER A PROGRAM OR ACTIVITY RECEIVING OR BENEFITING FROM CITY FINANCIAL 5 Combined Draft Non-Discrimination Ordnance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. ASSISTANCE 1NCLUDES ANY AID, BENEFIT, OR SERVICE PROVIDED 1N OR THROUGH A FACILITY THAT HAS BEEN CONSTRUCTED, EXPANDED, ALTERED, LEASED OR RENTED, OR OTHERWISE ACQUIRED, IN WHOLE OR PART, WITH ~ITY FUNDS. Sec. 24-88 Personal Devices and Services Nothing required in this Ordinance is to include, or be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use of study; or services of a personal nature including assistance in eating tuileting or dressing. Nothing in this Ordinance is to be construed as a requirement that a City service be fundamentally altered. Sec. 24-89 Undue Burden of Applicants for Contractual Financial Assistance Integration of individuals with disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act. Companies providing goods and services to the public need to take certain limited steps to improve access to existing places of business. This mandate includes the obligation to remove barriers from existing buildings when it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. Removing barriers by constructing a curb ramp, widening an ~ntrance door, installing visual alarms, or designating an accessible parking space is often essential to ensure equal opportunity for people with disabilities. Bemuse removing these mad other common barriers can be simple and inexpensive in some cases and difficult and costly in others, therefore a flexible approach to compliance should be practical. A business or other private entity that serves the public must ensure equal opportunity for people with disabilities. The requirement to remove barriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a place of public accommodation. Further, barriers must be removed only where it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. A public accommodation must provide auxilia~ aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Auxiliary aids that would result in an undue burden or in a fundamental alteration in the nature of the goods or services are not required by the regulation. 6 Combined Draft Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft-1/8/03; Philosophical/policy differences: IBlue Text ~ Committee's preferred language, (Green Text) = Staff preferred language. If your business provides goods and services to the public, you are required to remove barriers if doing so is readily achievable. Such a business is called a public accommodation because it serves the public. If your business is not open to the public but is only a place of employment like a warehouse or manufacturing facility, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not required to remove barriers in existing facilities, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility. Sec. 24-90 Affidavit of Compliance by Applicants for Contractual Financial Assistance An applicant for contractual financial assistance ~om the City, other than procurement contract or a contract of insurance or guaranty, shall submit an assurance of compliance, on a form specified by the Director, that the program will be operated in compliance with this chapter. An applicant may incorporate this assurance by reference in subsequent applications to the City. SEC. 24-91 CITY TO EVALUATE ITSELF ANNUALLY I (A) THE CITY SHALL A~UALLY: (l) EVALUATE, WITH THE ASSISTANCE OF INTERESTED PERSONS, INCLUDING PEOPLE WITH DISABILITIES OR ORGANIZATIONS REPRESENTING PERSONS WITH DISABILITIES, ITS CURRENT POLICIES AND PRACTICES AND THE EFFECTS THEREOF THAT DO NOT OR MAY NOT MEET THE REQUIREMENTS OF THIS ARTICLE; (2) MODIFY, AFTER CONSULTATION WITH INTERESTED PERSONS, INCLUDING PERSONS WITH DISABILITIES OR ORGANIZATIONS REPRESENTING PERSONS WITH DISABILITIES, ANY POLICIES THAT DO NOT MEET THE REQUIREMENTS OF THIS ARTICLE; AND (3) TAKE, AFTER CONSULTATION WITH INTERESTED PERSONS, INCLUDING PERSONS WITH DISABILITIES OR ORGANIZATIONS REPRESENTING PERSONS WITH DISABILITIES, APPROPRIATE REMEDIAL STEPS TO ELIMINATE THE EFFECTS OF ANY DISCRIMINATION THAT RESULT FROM ADHERENCE TO THESE POLICIES AND PRACTICES. 7 Combined Draft Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft-1/8/03; Philosophical/policy differences: rBlue Text~= Committee's preferred language, (Green Text) = Staff preferred language. (B) THE CITY SHALL MAINTAIN ON FILE AND MAKE AVAILABLE FOR PUBLIC INSPECTION: I (1) A LI~T OF THE INTERESTED PERSONS CONSULTED; I (2) A DESCRIPTION OF AREAS EXAMINED AND ANY PROI~LEMS IDENTIFIED; AND (3) DESCRIPTION OF ANY MODIFICATIONS MADE AND O9 NY iREMEDIAL STEPS TAKEN.] Sec. 24-92 (a) (b) City Adoption of Designated Coordinator and Grievance Procedure The City shall designate at least one person to coordinate its efforts to comply with this article. The City shall adopt grievance procedures that incorporate appropriate due process standards and that provide the prompt and equitable resolution of complaints alleging any action prohibited by this article. Sec. 24-93 (b) City's Non-Discrimination Notice regarding Individuals with Disabilities The City shall take appropriate and continuing steps to notify participants, beneficiaries, employees, or applicants, including those with impaired vision or hearing, and unions or professional organizations holding professional agreements with the City that it does not discriminate on the basis of disability. The notification shall state, where appropriate, that the City does not discriminate on the basis of disability. The notification shall also include an identification of the person and department responsible for investigating complaints of discrimination. If the City publishes or uses materials or publications containing general information that it makes available to participants, beneficiaries, employees, or applicants, it shall include in those materials or publications a statement of the policy described in subsection (a) above. 8 Combined Draft Non-Discrimination Ordinance 07117103 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. SEC.24-94 REQUIREMENTS TO INSURE ACCESSIBILITY (A) NO QUALIFIED INDIVIDUAL WITH A DISABILITY SHALL, BECAUSE OF iNACCESSIBILITy TO OR UNUSABILITY OF THE CITY OR ITS CONTRACTORS, FACILITIES, BE DENIED THE BENEFITS OF, BE EXCLUDED FROM PARTICIPATION IN, OR OTHERWISE BE SUBJECTED TO DISCRIMINATION UNDER ANY PROGRAM OR ACTIVITY TO WHICH THIS (B) SECTION APPLIES. THE CITY AND ITS CONTRACTORS SHALL OPERATE EACH PROGRAM OR ACTIVITY TO WHICH THIS SECTION APPLIES SO THAT THE PROGRAM OR ACTIVITY, WHEN VIEWED IN ITS ENTIRETY, IS READILY ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. THIS SUBSECTION DOES NOT REQUIRE THAT EVERY EXISTING FACILITY OR EVERY PART OF A FACILITY BE MADE ACCESSIBLE TO AND USABLE BY PERSONS WITH DISABILITIES. (C) PROCEDURES WILL BE ADOPTED AND IMPLEMENTED TO ENSURE THAT INTERESTED PERSONS, iNCLUDiNG PERSONS WITH IMPAIRED VISION OR HEAR1NG, CAN OBTAiN iNFORMATION AS TO THE EXISTENCE AND LOCATION OF SERVICES, ACTIVITIES, AND FACILITIES THAT ARE ACCESSIBLE TO ?~ND USABLE BY PERSONS WITH DISABILITIES. (D) EACH FACILITY OR PART OF A FACILITY CONSTRUCTED BY, ON BEHALF OF, OR FOR THE USE OF THE CITY OR ITS CONTRACTORS SHALL BE DESIGNED AND CONSTRUCTED iN SUCH MANNER THAT THE FACILITY OR PART OF THE FACILITY IS READILY ACCESSIBLE TO AND USABLE BY PERSONS WITH DISABILITIES iN COMPLIANCE WITH ADA AND REGULATORY STANDARDS. (E) EACH FACILITY OR PART OF A FACILITY WHICH IS ALTERED BY, ON BEHALF OF, OR FOR THE USE OF THE CITY OR ITS CONTRACTORS iN A MANNER THAT AFFECTS OR COULD AFFECT THE USABILITY OF THE FACILITY OR PART OF THE FACILITY IS READILY ACCESSIBLE TO AND USABLE BY PERSONS WITH DISABILITIES. (F) DESIGN, CONSTRUCTION, OR ALTERATION OF FACILITIES IN CONFORMANCE WITH TEXAS ACCESSIBILITY STANDARDS OF THE ARCHITECTURAL BARRIERS ACT, ARTICLE 9102, TEXAS CIVIL STATUTES SHAI~L CONSTITUTE COMPLIANCE WITH THIS SECTION. 9 Combined Draft Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text }= Committee's preferred language, (Green Text) = Staff preferred language. Sec. 24-95 Administration As a means of implementing and enforcing this article, the Director will serve as the City's focal point for coordinating the implementation this article as well as coordinating the implementation of any relevant new and existing laws and ordinances. The Director will have the following responsibilities: (a) Coordinate the investigation and/or conciliation procedure outlined in Sec. 24-97 and assist in resolving grievances to assure prompt solutions; (b) Prepare and disseminate information regarding disability fights to the public, City departments, and community agencies; (c) Research administrative policies and procedures to identify for City management, modifications required for accessibility to individuals with disabilities; (d) Monitor City activities related to individuals with disabilities and conduct periodic compliance reviews to assure that ail City depamnents are providing services that are accessible to individuals with disabilities; (e) Recommend training programs for various groups of the City organization in which accessibility and employment related needs are provided to assure that ail City services are available to the disability_commanity; (f) Provide technical assistance and consultation to ail City departments in areas related to accessibility as defined by law; and, Assist in the development of long-range planning activities to accomplish compliance. Sec. 24-96 Combined Draft General Enforcement Guidelines Any individual who believes that he/she has been discriminated against because of his/her disability may file with the Director a request to have the Director investigate and/or mediate his/her complaint. Nothing in this article shall create a civil cause of action for damages against the City or preclude any aggrieved person fi.om seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this article against the City or its agents, employees, and officials. 10 Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. (c) (a) (e) (0 Filing a complaint with the Director is not a prerequisite or a bar to the filing of some other legal complaint or to the pursuit of any other remedy provided by law. The pendency of a complaint before the Director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a pending complaint on the same alleged act of discrimination. In connection with any investigation of a charge filed under this article, the Director or designated investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to the charge under investigation and is not privileged as provided by law. No person shall knowingly, intentionally or recklessly obstruct, or prevent compliance with this article or hinder or interfere with the performance of the proper exercise of a duty, obligation, right or power of the Haman Relations Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance. Where appropriate and not in violation of contlicts of interest or other ethical rules of the State Bar of Texas, the City Attorney shall assign counsel to assist the Hman Relations Department in the performance of its functions. The City Manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Relations Department. Sec. 24-97 Filing~lnvestigatio~ under Grievance on Accessibility City Policy G-7 The City of Corpus Christi strives to provide quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any individual with a disability has a complaint regarding accessing City services, programs or activities, the City of Corpus Christi has formulated a policy as a Title II Entity under the Americans with Disabilities Act (ADA) to address such issues. Combined Draft Non-Discrimination Ordinance Any person who claims to have been injured by an activity prohibited by this article may file a complaint with the Director of Haman Relations. Such complaints will be in the form established by the Director and shall identify the person(s) alleged to have committed or alleged to be committing a discriminatory practice are based. In situations where the grievant's disability requires assistance to submit a complaint, the Director will make reasonable effort to assist the person in filing a complaint. The City shall provide complaint forms and furnish them without charge to any person, upon request. 11 07117103 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: rBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. (b) (c) (d) All complaints must be filed within 180 days following the occurrence of an alleged discriminatory practice. As soon as practicable, but no more than 15 calendar days, the Director will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after meeting with the Complainant the Director will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the Director does not satisfactorily resolve the issue the complainant may appeal the Director's decision to the City Manager. Such an appeal must be filed within 15 calendar days after receipt of the response. Within 15 calendar days of the appeal, the City Manager or his/her designee will meet with the Complainant to discuss the complaim and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All formal complaints received by the Director, the responses to the complaims and the record of appeals to the Human Relations Commission, shall be retained by the City of Corpus Christi for at least three years. Sec. 24-98 Filing/Investigation Places of Public Accommodation Procedure (a) Upon the filing or referral of a complaint as herein provided, the Director shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the Director shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisions of this article. In the event such review results in the determination that the charge does not come within the provisions of the article, the charging party shall be given a clear and concise explanation of the reasons why the complaint fails to come within the ordinance. (b) All complaints fded under this Section will proceed in accordance with the procedures set forth in City Policy G-7; except: (1) All determinations of the Director to whether di .scrimination occurred shall be made as promptly as possible or no later than the100th day after the date the complaint is filed, or if unable to complete the investigation within the 12 Combined Draft Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: [Blue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. (2) 100-day period, the Director shall notify the complainant and the respondent in writing of the reasons for delay. Appeals of the Director's decision will be to the Corpus Christi Haman Relations Commission. Such an appeal must be filed within 15 calendar days of the receipt of the Director's decision. The Haman Relations Commission will conduct a hearing on the appeal during the next available meeting. Complainants, and Respondents will have the fight to appear in person to explain their respective positions to the Commission. Sec. 24-99 Retaliation or Coercion (a) The City ~and its contractor4 shall not discriminate against any individual because that individual has opposed any act or practice made unlawful by this article, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article or the Americans with Disabilities Act of 1990. (b) The City ~and its contractor4 shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any fight granted or protected by this article or the Americans with Disabilities Act of 1990. Sec. 24-100 (a) Co) (c) Remedial and/or Voluntary Action If the outcome of the investigation process under Sec. 24-97 finds that a City program or activity has discriminated against persons on the basis of disability in violation of this article, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary to rectify the problem. All appeals of a grievance will follow established appeal procedures through the City grievance accessibility procedure for program participants/citizens. Where a City program or activity is found to have discriminated against an individual on the basis of disability and where a contractor of a program area has discriminated, the City Manager may require either or both Parties to take appropriate action to rectify the problem. 13 Combined Draft Non-Discrimination Ordinance 07117103 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: rBlue Text ]= Committee's preferred language, (Green Text) = Staff preferred language. (e) The City Manager may, where necessary to overcome the effects of discrimination, require a City program or activity to take corrective action that may include actions: (2) (3) With respect to an individual with a disability who no longer participates in the City'S programs but who were participants in the program when such discrimination occurred; or With respect to an individual with a disability who would have been a participant in the program had the discrimination not occurred; The City may take steps, in addition to any action that is required by this article, to oVercome the effects of conditions that resulted in limited participation in the City's program or activity by qualified persons with disabilities. If the outcome of lthe investigation process under Sec. 24-98 fmds that a place of public accommodations has discriminated against persons on the basis of disability in violation of this article, the person(s) violating shall be punished by a fine of no less than two hundted fifty dollars ($ 250.00) nor more than the maximum provided in section 1-6 of thc Code of Ordinances of the City of Corpus Christi ("City Code"). Violations of Section 24-22(a) of Article II may_be forwarded to the appropriate governmental body to enforce such conduct to the extent and manner prescribed by state law. Sec.24-101 Status Reports to the City Council Annually after passage of this article, the Director shall submit to the City Council a status report on the implementation of this article. SECTION 2. SECTION 3. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that eveu section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Penalties are as provided in this ordinance and in Sec. 1-6 Code of Ordinances. 14 Combined Draft Non-Discrimination Ordinance 07/17/03 CFPWD Review of Amended Draft -1/8/03; Philosophical/policy differences: IBlue Text ~= Committee's preferred language, (Green Text) = Staff preferred language. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ., 2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the ,2003, by the following vote Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form this the __ day of 2003; By: Joseph Hamey Assistant City Attorney For City Attorney Combined Draft Non-Discrimination Ordinance 15 07/17/03 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 24, HUMAN RELATIONS, BY ADDING ARTICLE V, DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES, ESTABLISHING PROCEDURE AND IMPLEMENTATION; PROVIDING PUBLICATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi, Chapter 24, Human Relations is amended by adding Article V, Discrimination Against An Individual With A Disability to read as tbllows: ARTICLE V: DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY Sec. 24-84 (c) Sec. 24-85 CFPWD Declaration of Policy It is hereby declared to be the policy of the City to bring about through fair, orderly and lawful procedures, that no qualified individual with disability shall, on the basis of such disability, be,exchided from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity operated or contracted for by the City. It is further declared that such policy is established upon the recognition of the inalienable rights of eqtch qualified individual with a disabihty to participate fully and receive the benefits of, all programs and activities of the City. It is further recognize~ that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhahltant~ of the City and constitutes an un[nst denial or deprivation of such inalienable rights which is within the power and.responsibility of government authority to prevent Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Auxiliary Aid includes: Services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays,, readers, texts on tape, materials in braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. City Manager means the City Manager of Corpus Christi or his/her dehisce. Non-Discrimination Ordinance 1 Director means the Director 0fthe Human Relations Department or his/her designee. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more maior life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. Physical or ,mental impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respimtorf (including speech organs) cardiovascular; reproductive, digestive; yeti/tour/nary; hemic and lymphatic; skin; and endocrine. Mental impairment also includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (2) Ma/or life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, heating, speaking, breathing, learning, and working. (3) Has a record of such impairment means a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means has a physical or mental impairment that does not substantially limit maior life activities but that is treated by another as constituting such limitation. Being regarded as having an impairment als~ means has a physical or mental impairment that substantially,limits maior life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated by others as having such an impairment. Discrimination means any direct or indirect exclusions, distinctions, segregation, limitation, refusal, denial, or any other differentiation in the treatment of an indix4dnal or individuals with disabilities on account of a disability. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. Financial assistance means any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City provides or otherwise makes available assistance in the form of: fimda; services of City persgnnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less than CFPWD Non-Discrimination Ordinance 2 fair market value or for redux:ed consideration; and proceeds from a subsequent transfer or lease of such prollerty if the City share of its fair market value is not returned to the City. Person with disabilities megns any person who has a disability as defined in "disability" above. Oual~fied individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communicatior~ or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements of the receipt of services or the participation in programs or activities provided by the City, or entities using City facilities. Readily achievable means e~sily accomplishable and able to be carried out without much difficulty or expense. Deterrgining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include: (1) The nature and cost qfthe action; (2) The overall financiallresources of the site or sites involved; the number of persons employed at the sito; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of~e action on the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the WP~ of operation or operations of any Parent Corporation or entity, including the composition, structure, and functions of the workforce of the Parent Corporation or entity, See. 24-86 Communications The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (1) The City shall, furnish appropriate auxiliaw aids and services where necessaz3~ to afford an ingividual with a disability an equal oppommity to participate and enioy the, benefits of, a senSce, program, or activity conducted by the City. CFPWD Non-Discrimination Ordinance 3 Co) (2) In determining what type of auxiliary aid and service is necessary, the City shall give primary consideration to the requests of the individuals with disabilities. The City and its contractors in considering reasonable accommodations must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Auxiliary aids that wguld result in an undue burden or in a fundamental alteration in the nature of the gooc[s or services are not required by the regulation. Sec. 24-87 Prohibited Practice~ The City in providiqg any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability (1) Deny a qualified individual with a disability the opportunity to participate in or benefit fro~ the aid, benefit, or service. (2) Afford a qualified individual with a disability an oppommity to participate in or benefit frown the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as,effective in affording equal opportunity to obtain the same result, to gainithe same benefit, or to reach the same level of achievement as that provided to others; Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessar~ to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to o~ers; Aid or perp0tuate discrimination against a qualified individual with a disability by providing significant assistance to any agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs; (6) Deny a qualified individual with a disabiliW the opportunity to participate as a member of planning or advisory boards and commissions; (7) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. CFPWD Non-Discrimination Ordinance 4 (b) The City shall not d~ny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. The City shall not, directly or through contractual or other arrangement, utilize criteria or methods ot[ administration that: (1) Have the effect of subjecting a qualified individual with a disability to discriminatio8 on the basis of such disability; Have the pt~rpose or effect of defeating or substantially impairing accomplishmq~nt of the obiectives of the City's program with respect to individuals w~th disabilities. In determining the site or location of a facility, the City and its contractors shall not make selections that: (1) Have the eff~t of excluding individuals with disabilities fi.om, denying them the benefits of, or otherwise subiecting them to discrimination under any program or a~tivit¥; or (2) Have the purpose or effect of defeating or substantially impairing the accomplishmsnt of the objectives of the service, program or activity with respect to individuals with disabilities. The City shall not administer a financial assistance program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of such di.qahility, nor may the City proyide financial assistance to programs or activities that subiect qualified individuals with disabilities to discrimination on the basis of such disability. (f) The aid, benefit, or service provided under a program or activity receiving or benefiting from City financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwiae acquired, in whole or part, with City funds. Sec. 24-88 Personal Devices and Services Nothing required in this Ordinance is to include, or be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use of stud~; or services of a personal nature including assistance in eating toileting CFPWD Non-Discrimination Ordinance 5 or dressing. Nothing in this Oj:dinance is to be construed as a requirement that a City service be fundamentally altered. Sec. 24-89 Undue Burden of Applicants for Contractual Financial Assistance Integration of individuals wi~a disabilities into the mainstream of society is fundamental to the purposes of the Americgns with Disabilities Act. Companies providing goods and services to the public need to [take certain limited steps to improve access to existing places of business. This mandate includes the obligation to remove barriers from existing buildings when it is readily achievable ~o do so. Readily achievable means easily accomplishable and able to be carried out without ~nuch difficulty or expense. Removing barriers by constructing a curb ramp, widening an entrtmce door, installing visual alarms, or designating an accessible parking space is often essen~/al to ensure equal opportunity for people with disabilities. Because removing these and other common barriers can be simple and inexpensive in some cases and difficult and costlyiin others, therefore a flexible approach to compliance should be practical. A business or Other private entity that serves the public must ensure equal opportunity for people with 4isabilities. The requirement to remove bgrriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a place of public accommodation. Further, barriers must be removed only where it is [eadily achievable to do so. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. A public accommodation m~t provide auxiliary aids and services when they are necessary to ensure effective commugication with individuals with hearing, vision, or speech impairments. Auxiliary ai~ that would result in an undue burden or in a fundamental alteration in the nature of thO goods or services are not required by the regulation. If your business provides goods and services to the public, you are required to remove barriers if doing so is readilytachievable. Such a business is called a public accommodation because it serves the public. ~f your business is not open to the public but is only a place of employment like a warehouse or manufacturing facility, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not requked to remove barriers in existing facilities, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility. Sec. 24-90 Affidavit of Complignce by Applicants for Contractual Financial Assistance An applicant for contractual financial assistance from the City, other than procurement contract or a contract of insurance or guaranty, shall submit an assurance of compliance, CFPWD Non-Discrimination Ordinance on a form specified by the Dir~tor, that the program will be operated in compliance with this chapter. An applicant may incorporate this assurance by reference in subsequent applicol/on~ to the City. Sec. 24-91 City to Evaluate Itsolf Annually (a) The City shall annually: (1) Evaluate, wi~ the assistance of interested persons, including people with disabilities orlorgauizations representing persons with disabilities, its current policies and practices and the effects thereof that do not or may not meet the requirements of this article; Modify, after ~onsultation with interested persons, including persons with disabilities orlorganizations representing persons with disabilities, any policies that do not meet the requirements of this article; and (3) Take, after copsultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, appropriate remedial steps to eliminate the effects of any discrimination that result fi:om adherence to these policies and practices. (b) The City shall maintain on file and make available for public inspection: (1) A list ofthe interested persons consulted; (2) A description of areas examined and any problems identified; and (3) A description of any modifications made and of any remedial steps taken. Sec. 24-92 (a) City Adoption of Designated Coordinator and Grievance Procedure The City shall designote at least one person to coordinate its efforts to comply with this article. Co) The City shall adopt grievance procedures that incorporate appropriate due process standards and that provide the prompt and equitable resolution of complaints alleging any action prohibited.by this article. CFPWD Non-Discrimination Ordinance 7 Sec. 24-93 City's Non-Discrimi ,nation Notice regarding Individuals with Disabilities The City ~hall take, appropriate and continuing steps to notify participants, beneficiaries, employes, or applicants, including those with impaired vision or heating, and unions or professional organizations holding professional agreements with the City that it does not discriminate on the basis of disability. The notification .~hall state, where appropriate, that the City does not discriminate on the basis of disability. The notification .qhall also include an identification of the person and department responsible for investigating complaints of discrimination. (b) If the City publishes o[ uses materials or publications containing general information that it makes availabl~ to pmicipants, beneficiaries, employees, or applicants, it shall include in those materials or publications a statement of the policy described in subsection (a) above. Sec.24-94 Requirements to In~ure Accessibility (a) No qualified indiviapal with a disability shall, because of inaccessibility to or unusability of the City or its contractors, facilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity tO which this section applies. The City and its contractors ~hall operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to individuvd.q with disabilities. This subsection does not require that every existing facility or every part of a facility be made accessible to and usable by persons with disabilities. Procedures will be ~xlopted and implemented to ensure that interested persons, inclncling persons wi~ impaired vision or hearing, can obtain information as to the existence and locafiort of services, activities, and facilities that are accessible to and usable by persons with disabilities. Each facility or part of a facility constructed by, on behalf of, or for the use of the City or its contractors ghall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by persons with disabilities in compliance with ADA and regulatory standards. Each facility or part of a facility which is altered by, on behalf of, or for the use of the City or its contractors in a manner that affects or could affect the usability of the CFPWD Non-Discrimination Ordinance 8 facility or part of the facility is readily accessible to and usable by persons with disabilities. Design, construction, or alteration of facilities in conformance with Texas AccessibiliW Standards of the Architectural Barriers Act, Article 9102, Texas Civil Statutes shall constittlte compliance with this section. Sec. 24-95 Administration As a means of implementing iand enforcing this article, the Director will serve as the City's focal point for coord'mafmg:the implementation this article as well as coordinating the implementation of any relev~nt new and exisfing laws and ordinances. The Director will have the following responsibilities: Coordinate the investigation and/or conciliation procedure outlined in Sec. 24-97 and assist in resolving grievances to assure prompt solutions; Prepare and disseminate information regarding disability rights to the public, City departments, and con~nunity agencies; (c) Research administrative policies and procedures to identify for City management, modifications required for accessibility to individuals with disabilities; Monitor City activities related to individuals with disabilities and conduct periodic compliance reviews to assure that all City depaxtments are providing services that are accessible to individqals with disabilities; Recommend training programs for various groups of the City organization in which accessibility and employment related needs are provided to assure that all City services are available to the disability community; Provide technical assistance and consultation to all City departments in areas related to accessibility as defined by law; and, Assist in the development of long-range plann'mg activities to accomplish compliance. See. 24-96 General Enforcement Guidelines Any individual who believes that he/she has been discriminated against because of his/her disability may file with the Director a request to have the Director investigate and/or mediate his/h0r complaint. CFPWD Non-Disc~ination Ordinance 9 {d) (e) (0 Nothing in this article shall create a civil cause of action for damages against the City or preclude any aggrieved person fi.om seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this article against the City or its agents, employ0es, and officials. Filing a complaint wi~ the Director is not a prerequisite or a bar to the filing of some other legal complainh or to the pursuit of any other remedy provided by law. The pendency of a compl~nt before the Director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a per, ding complaint on the same alleged act of discrimination. In connection with andy investigation of a charge filed under this article, the Director or designated investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceerded against that relates to the charge under investigation and is not privileged as pl'ovided by law. No person shall koowingly, intentionally or recklessly obstruct, or prevent compliance with this 0rticle or hinder or interfere with the performance of the proper exercise of a duB', obligation, right or power of the Human Relations Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance. Where appropriate aod not in violation of conflicts of interest or other ethical roles of the State Bar of Tetxas, the City Attorney shall assign counsel to assist the Human Relations Departmeat in the performance of its functions. The City Manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Relations Department. Sec. 24-97 Filing/Investigation, under Grievance on Accessibility City Policy G-7 The City of Corpus Christi strives to provide quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any individual with a dlsabilit3, has a complaint r~garding accessing City Selvices, programs or activities, the City of Corpus Christi has formulated a policy as a Title II Entity under the Americans with Disabilities Act (ADA) to aqldress such issues. Any person who claims to have been injured by an activity prohibited by this article may file a complaint,with the Director of Human Relations. Such complaints will be in the form established by the Director and shall identif3, the person(s) alleged to have committed or alleged to be committing a discriminatory practice are based. In CFPWD Non-Discrimination Ordinance 10 situations where the grievant's disability requires assistance to submit a complaint, the Director will make reasonable effort to assist the person in filing a complaint. The City shall provitie complaint forms and furnish them without charge to any person, upon request. All complaints must be filed within 180 days following the occurrence of an alleged discriminatory practit;e. As soon as practicable, but no more than 15 calendar days, the Director will me~t with the complainant to discuss the complaint and possible resolutions. Within 1 ~ calendar days after meeting with the Complainant the Director will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the Director does not satisfactorily resolve the issue the complainant may app0al the Director's decision to the City Manager. Such an appeal must be filed withi]~ 15 calendar daw atter receipt of the response. Within 15 calendar days of the appeal, the City Manager or his/her designee will meet with the Complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All formal complaint~ received by the Director, the responses to the complaints and the record of appeals,to the Human Relations Commission, shall be retained by the City of Corpus Christi for at least three years. See. 24-98 Filing/Investigation Places of Public Accommodation Procedure Upon the filing or referral of a complaint as heroin provided, the Director shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the Direct~ shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisions of this article. In the event such review results in the determination that th, charge does not come within the provisions of the article, the charging party shall be given a clear and concise explanation of the reasons why the complaint fails to come within the ordinance. Co) All complaints filet1 under this Section will proceed in accordance with the procedures set forth in City Policy G-7; except: (1) All determinations of the Director to whether discrimination occurred shall CFPWD Non-Discrimination Ordinance 11 (2) be made as prgmptly as possible or no later than thel00th day after the date the complaint is filed, or if unable to complete the investigation within the 100-day period, the Director shall notify the complainant and the respondent in writing of the reasons for delay. Appeals of tlm Director's decision will be to the Corpus Christi Human Relations Coqunission. Such an appeal must be filed within 15 calendar days of the r~ceipt of the Director's decision. The Human Relations Commission ~vill conduct a hearing on the appeal during the next available meeting. Coq~plainants, and Respondents will have the right to appear in person to explgin their respective positions to the Commission. Sec. 24-99 Retaliation or Coerqion (a) The City and its contractgrs shall not discriminate against any individual because that individual has opposed arW act or practice made unlawful by this article, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or heating under this article or the Americans with Disabilities Act of 1990. (b) The City and its contractors shall not coerce, intimidate, threaten, or interfere with any individual in the exercise~ or enio'~ment of, or on account of his or her having exercised or enioyed, or on accoun~ of his or her having aided or encouraged any other individual in the exercise or enio'~aent of, any right granted or protected by this article or the Americans with Disabilities Act of 1990. Sec. 24-100 Remedial and/or Voluntary, Action (a) If the outcome of the iavestigation process under Sec. 24-97 finds that a Cit3, program or activity has discriminated against persons on the basis of disability in violation of this article, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary to rectify the problem. Co) All appeals of a grievance will follow established appeal procedures through the City grievance accessibility procedure for program participants/citizens. Where a City program or activit~ is found to have discriminated against an individual on the basis of disability and where a contractor of a program area has discriminated, the City Manager may require either or both Parties to take appropriate action to rectify the problem. CFPWD Non-Discrimination Ordinance 12 (d) (e) The City Manager mgy, where necessavf to overcome the effects of discrimination, require a City program or activity to toke corrective action that may include actions: (1) With respect ~o an individual with a disability who no longer participates in the City's programs but who were participants in the program when such discriminatio~ occurred; or (2) With respect to an individual with a disability who would have been a participant in the program had the discrimination not occurred. (3) The City may toke steps, in addition to any action that is required by this article, to overcome the effects of conditions that resulted in limited participation in the City's program or activity by qualified persons with disabilities. If the outcome of thc investigation process under Sec. 24-98 fmds that a place of public accommodations has discriminated against persons on the basis of disability in violation of this article, the person(s) violating shall be punished by a fmc of no less than two hundred fifty dollars ($ 250.00) nor more than the maximum provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi ("City Code"). Violations of Sectiot1 24-22(a) of Article II may be forwarded to the appropriate governmental body tO enforce such conduct to the extent and manner prescribed by state law. See. 24-101 Status Reports to the City Council Annually after passage of this article, the Director shall submit to the City Council a status report on the implementation of this article. 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 linal judgment of a corot of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full fome and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpns Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in this ordinance and in Sec. 1-6 Code of Ordinances. CFPWD Non-Discrimination Ordinance 13 That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the ~ 2003, by the following vote Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of ., 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form this the t/rp~ day of ~./o-~/~ By: Joseph ~ey ? -'~-~ Assistant City Attorney For City Attorney ,2003; CFPWD Non-Discrimination Ordinance 14 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 24, HUMAN RELATIONS, BY ADDING ARTICLE V, DISCRIMINATION AGAINST INDWIDUALS WITH DISABILITIES, ESTABLISHING PROCEDURE AND IMPLEMENTATION; PROVIDING PUBLICATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY ~COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi, Chapter 24, Human Relations is amended by adding Article V, Discrimination Against An Individual With A Disability to read as follows: ARTICLE V: DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY Sec. 24-84 Declaration of Policy (a) It is hereby declared lo be the policy of the City to bring about through fair, orderly and lawful procedure~, that no qualified individual with disability shall, on the basis of such disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. (b) It is further declarer[ that such policy is established upon the recognition of the. inalienable rights of tach qualified individual with a disability to participate in, or receive the benefits qf, all programs and activities of the City. (c) It is further recognized that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an uginst denial or deprivation of such inalienable rights which is with/n the power and responsibility of government. Sec. 24-85 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Auxiliary Aid includes: Services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displaw, readers, texts on tape, materials in braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. City Manager mean.q the City Manager of Corpus Christi or his/her designee. Director means the Director Of the Human Relations Department or his/her designee. 1 City of CC- Non-Discrimination Ordinance Di~abilitF means, with respect to an individual, a physical or mental impairment that substantially limits one or mgre major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) Physical or mental impairment means any physiological disorder or condition, eosraetie disfigurement, or anatomical loss affecting one or more of the followil~g body systems: neurological; musculoskeletal; special sense organs; respirotory (including speech organs) cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine. Mental impairment also includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific leam'ing disabilities. (2) Ma/or life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, heating, speaking, breath'mg, learning, and working. (3) Has a record of such impairment means a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means has a physical or mental impah'ment that does not substantially limit major life activities but that is treated by anorther as constituting such limitation. Being regarded as having an impairment also means has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated by others as having such an impairment. Discrimination means excluding a qualified individual from participation in or denial of the benefits of City services, programs, or activities, on the basis of disability, as disability is defined in context of this entire section. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. Financial assistance means ~y grant, loan, contract (other than procurement contract or a contract of insurance or gumjmty), or any other arrangement by which the City provides or otherwise make~ available assistance in the form of.' funds; services of City personnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less tha~ fair market value or for reduced consideration; and proceeds from a subsequent transfer or lease of such property if the City share of its fair market value is not returned to the City. 2 City of ¢C - Iqon-Diserirninati0n Ordinance Person with disabilities mea~s any person who has a disability as defined in "disability" above. Quali~ed individual with a {tisabilit~ means an individual with a disability who, with or without reasonable modifieatious to roles, policies, or practices, the removal of architectural, commtmieation, or transportation barriers, or the provision of auxilia~ aids and services, meets the essential eligibility requirements of the receipt of services or the participation in programs or activities proviqled by the City, or entities using City facilities. Readily achievable means e~sily accomplishable and able to be carded out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Fagtors to consider include: (1) The nature and cost 0fthe action; (2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the ovexall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the type of operation or operations of any Parent Corporation or entity, including the composition, structure, and functions of the workforce of the Parent Corporation or entity. Sec. 24-86 Communications The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (1) The City shal1 furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy thq~ benefits of, a service, program, or activity conducted by the City. (2) In determining what type of auxiliar~ aid and service is necessary, the City shall give primary consideration to the requests of the individuals with disabilities. (b) The City and its contractors in considering reasonable accommodations must provide auxiliary aids and services when they are necessary to ensure effective 3 City of CC - Non-Discrimination Ordinaneo communication with individuals with hearing, vision, or speech impairments. Auxiliatw aids that would result in an undue burden or in a fundamental alteration in the nature of the goods or services are not required by the regulation. Sec. 24-87 Prohibited Practice~ The City in providing any aid, benefit, or service shall not, directly or through contractual, licensingi or other arrangements, on the basis of disability (2) Deny a quaiif~ed individual with a disability the opportunity to participate in or benefit froqn the aid, benefit, or service. Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; Provide diffe]rent or separate aids, benefits, or services to individuals with disabilities or,to any class of individuals with disabilities than is provided to others unless ~uch action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (5) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to any agency, organization, or person that d/scriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs; (6) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards and commissions; (7) Otherwise limit a qualified individual with a disability in the eniownent of any right, pri¥ilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. (b) The City shall not d0ny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence, of permissibly separate or different programs or activities. 4 City of CC - Non-Discrimination Ordinance (c) The City shall not, qlirectly or through contractual or other arrangement, utilize criteria or methods of administration that: (d) (e) Have the effect of subjecting a qualified individual with a disability to discriminatio~t on the basis of such disability; (2) Have the pta-pose or effect of defeating or substantially impairing accomplishmont of the obiectives of the City's program with respect to individuals with disabilities. In determining the si~e or location of a facility, the City and its contractors shall not make selections that: Have the effect of excluding individuals with disabilities from, denying them the benefits 0f, or otherwise subjecting them to discrimination under any program or at;tivity; or Have the purpose or effect of defeating or substantially impairing the accomplishment of the obiectives of the service, program or activity with respect to individuals with disabilities. The City shall not ad~ainister a financial assistance program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of such disability, nor may the City provide financial assistance to programs or activities that subject qualified individuals with disabilities to discrimination on the basis of such disability. Sec. 24-88 Personal Devices aqd Services Nothing required in this Ordinance is to include, or be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devit~es, such as prescription eyeglasses or heating aids; readers for personal use of stud~ or sergices ora personal nature including assistance in eating toileting or dressing. Nothing in this Ordinance is to be construed as a requirement that a City service be fundamentally altered. Sec. 24-89 Undue Burden of Ai}pliennts for Contractual Financial Assistance Integration ofiadividuals wigh disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act. Companies providing goods and services to the public need tO take certain limited steps to improve access to existing places of business. This mandate includes the obligation to remove barriers from existing buildings when it is readily achievable, to do so. Readily achievable means easily aeenmplishable and able to be carried out without much difficulty or expense. Removing barriers by constructing 5 City of CC - Non-Discrimination Ordinance a curb ramp, widening an entrance door, installing visual alarms, or designating an accessible parking space is often essential to ensure equal opportunity for people with disabilities. Because removing these and other common barriers can be simple and inexpensive in some cases and difficult and costly in others, therefore a flexible approach to compliance should be practical. A business or Other private entity that serves the public must ensure equal opportunity for people with disabilities. The requirement to remove b~rriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a place of public accommodation. Further, barriers must be removed only where it is readily achievable to do so. Readily achievable means easily accomplishable and able to I~e carried out without much difficulty or expense. A public accommodation mqst provide auxiliary aids and services when they are necessary to ensure effective commupication with individuals with hearing, vision, or speech impairments. Auxiliary aid~ that would result in an undue burden or in a fundamental alteration in the nature of tho goods or services are not required by the regulation. If your business provides gq)ods and services to the public, you are required to remove barriers if doing so is readilyI achievable. Such a business is called a public accommodation because it serves the public, l[f your business is not open to the public but is only a place of employment like a warehouse or manufacturing facility, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not required to remove barriers in existing facilities, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility. Sec. 24-90 Affidavit of Compliance by Applicants for Contractual Financial Assistance An applicant for contractual financial assistance from the City, other than procurement contract or a contract of insurance or guaranty, shall submit an assurance of compliance, on a form specified bythe Director, that the program will be operated in compliance with this chapter. An applicant may incorporate this assurance by reference in subsequent applications to the City. See. 24-91 (a) (b) City Adoption of D~signated Coordinator and Grievance Procedure The City shall desigr~ate at least one person to coordinate its efforts to comply with this article. The City shall adopt.grievance procedures that incorporate appropriate due process standards and that provide the prompt and equitable resolution of complaints alleging any action prohibited by this article. 6 City of CC - Non-Discrimination Ordinance Sec. 24-92 City's Non-Discrimination Notice regardln.o Individuals with Disabilities The City shall take appropriate and continuing steps to notify participants, beneficiaries, employees, or applicants, including those with impaired vision or hearing, and unions or professional organizations holding professional agreemenls with the City that it dpes not discriminate on the basis of disability. The notification shall state, where a.p~bropriate, that the City does not discriminate on the basis of disability. The notit[cation shall also include an identification of the person and department responsible for investigating complaints of discrimination. Co) If the City publishes 9r uses materials or publications containing general information that it makes availabl{ to participants, beneficiaries, employees, or applicants, it shall include in those materials or publications a statement of the policy described in subsection fa) above. Sec. 24.93 Administration As a means of implementingland enforcing this article, the Director will serve as the City's focal point for coordinatingI the implementation this article as well as coordinating the implementation of any relevont new and existing laws and ordinances. The Director will have the following responsibilities: (a) Coordinate the investigation and/or conciliation procedure outlined in Sec. 24-95 and assist in resolving grievances to assure prompt solutions; Co) Prepare and disseminate information regarding disability rights to the public, City departments, and coromunity agencies; (c) Research administrative policies and procedures to identify for City management~ modifications requir~ for accessibility to individuals with disabilities; (d) Monitor City activitiq~s related to individuals with disabilities and conduct periodic compliance reviews t9 assure that all City departments are providing services that are accessible to individqals with disabilitiesi Recommend training programs for various groups of the City organization in which accessibility and employment related needs are provided to a~nre that all City services are availabl~ to the disability community; Provide technical assistance and consultation to all City departments in areas related to accessibility as defined by law; and, 7 City of CC - Non-Discrimination Ordinance (g) Assist in the development of long-range planning activities to accomplish compliance. Sec. 24-94 Co) (d) General Enforcement Guidelines Any individual who l~elieves that he/she has been discriminated against because of his/her disability may file with the Director a request to have the Director investigate and/or mediate his/h~r complaint. Nothing in this articl~ shall create a civil cause of action for damages against the City or preclude any aggrieved person from seeking any other remedy provided by law. Nothing herein shallI authorize criminal enforcement of this article against the City or its agents, employges, and officials. Filing a complaint wi~ the Director is not a prerequisite or a bar to the filing of some other legal complaint or to the pursuit of any other remedy provided by law. The pendency of a compl0int before the Director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a pe0ding complaint on the same alleged act of discrimination. In connection with arlY investigation of a charge filed under this article, the Director or designated investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to the charge under investigation and is not privileged as provided by law. No person shall lmowingly, intentionally or recklessly obstruct, or prevent compliance with this grticle or hinder or interfere with the performance of the proper exercise of a duty, obligation, right or power of the Human Relations Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance. Where appropriate a~d not in violation of conflicts of interest or other ethical rules of the State Bar of Tetras, the City Attorney shall assign counsel to assist the Human Relations Departmer6 in the performance of its functions. The City Manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Relations Department. Sec. 24-95 Filing/Investigation, under Grievance on Accessibility City Policy G-7 The City of Corpus Christi, strives to provide quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any individual with a disability has a complaint regarding accessing City services, programs or activities, the City 8 City of CC - Non-Discrimination Ordinance of Corpus Christi has formqlated a policy as a Title II Entity under the Americans with Disabilities Act (ADA) to address such issues. (a) Any person who clairos to have been injured by an activity prohibited by this article may file a complaint with the Director of Human Relations. Such complaints will be in the form established by the Director and shall identif~ the person(s) alleged to have committed or alleged to be committing a discriminatory practice are based. In situations where the grievant's disability requires assistance to submit a complaint, the Director will make reasonable effort to assist the person in filing a complaint. The City shall provide complaint forms and fumish them without charge to any person, upon request, All complaints must t~e filed with/n 180 days following the occurrence of an alleged discriminatory practi~e. As soon as practicable, but no more than 15 calendar days, the Director will me~t with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after meeting with the Complainant the Director will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the Director does not satisfactorily resolve the issue the complainant may appeal the Director's decision to the City Manager. Such an appeal must be filed within 15 calendar days after receipt of the response. Within 15 calendar days of the ~ppeal, the City Manager or his/her designee will meet with the Complainant to disc~s the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. (d) All formal complaints received by the Director, the responses to the complaints and the record of appeals to the Human Relations Commission, shall be retained by the City of Corpus Christi for at least three years. Sec. 24-96 {a) Filing/Investigation Places of Public Accommodation Procedure Upon the filing or rethral of a complaint as herein provided, the Director shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the Director shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisior~s of this article. In the event such review results in the determination that the charge does not come within the previsions of the article, the 9 City of CC- Non-Discrimination Ordinance chark, in~ party shall be given a clear and concise explanation of the reasons why the complaint falls to come within the ordinance. CO) All complaints fileql under this Section will proceed in accordance with the procedures set forth ~n City Policy G-7; except: (2) All determingtions of the Director to whether discrimination occurred .qhall be made as promptly as possible or no later than thel00th day after the date the complaiat is filed, or if unable to complete the investigation within the 100-day perigd, the Director shall notify the complainant and the respondent in writing of~e masons for delay. Appeals of 0ac Director's decision will be to the Corpus Christi Human Relations Commission. Such an appeal must be filed within 15 calendar days of the receipt of the Director's decision. The Human Relatione Commission.will conduct a hearing on the appeal during the next available meeting. ComPlainants, and Respondents will have the fight to appear in person to explain their respective positions to the Commission. Sec. 24-97 Retaliation or Coercion (a) The City shall not discriminate against any individual because that individual hn.q opposed any act or practice made unlawful by this article, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article or the Americans with Disabilities Act of 1990. (b) The City shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her haviog aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this article or the Americans with Disabilities Act of 1990. Sec.. 24-98 Remedial and/or Voluntary Action (a) ffthe outcome of the igvastigation process under Sec. 24-95 find, that a City program or activity has discriminated against persons on the basis of disabiliW in violation of this article, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary to rectify the problem. Co) All appeals of a grievance will follow established appeal procedures through the CiW grievance accessibility procedure for program participants/citizens. 10 City of CC - Non-Discrimination Ordinance (c) (d) (e) Where a City pmgrar0 or aetivit3, is found to have discriminated against an individual on the basis of disability and where a contractor of a program area has diseriminate~d~ the City Manager m0y require either or both Parties to take appropriate action to rectify the problem. The City Manager may, where necessary to overcome the effects of discrimination, require a City progra~ or activity to take corrective action that may include actions: (1) (2) (3) With respect to an individual with a disability who no longer participates in the City's programs but who were participants in the program when such discrimilaation occurred; or With respect to an individual with a disability who.would have been a participant in the program had the discrimination not occurred; The City may take steps, in addition to any action that is required by this article, to overcome the effects of conditious that resulted in limited participation in the City's program or activity by qualified persons with disabilities. If the outcome of tho investigation process under Sec. 24-96 finds that a place of public accommodations has discriminated against persons on the basis of disability in violation of this article, the person(s) violating shall be punished by a fine of no less than two hundred fifty dollars ($ 250.00) nor more than the maximum provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi ("City Code"). Violations of Section 24-22(a) of Article II may be forwarded to the appropriate governmental body tO enforce such conduct to the extent and manner prescribed by state law. Sec.24-99 Status Reports to the City Council Annually after passage of this article, the Director shall submit to the City Council a status report on the.implementation of this article. SECTION 2. SECTION 3. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of compet~mt jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Penalties are as provided in this ordinance and in Sec. 1-6 Code of Ordinances. 11 City of CC - Non-Discrimination Ordinance That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brem Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ., 2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance~ was read for the second time and passed finally on this the __ day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PASSED AND APPROVED, this the day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the By: Samuel L. Neal, Jr. Mayor day of tv/c, (~ ,2003; Assistant City Attorney For City Attorney 12 City of CC - Non-Discdmination Ordinance 35 NO ATTACHMENT FOR THIS ITEM 36 NO ATTACHMENT FOR THIS ITEM 37 NO ATTACHMENT FOR THIS ITEM 38 NO ATTACHMENT FOR THIS ITEM 39 NO ATTACHMENT FOR THIS ITEM 40 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: An ordinance adopting the Cit beginning August 1, 2003; to [ provided in the budget; providin July 22, 2003 of Corpus Christi Budget for the ensuing fiscal year .e filed with the County Clerk; appropriating monies as for severance; and declaring an emergency. ISSUE: The City Charter requires the City Council adopt the annual operating budget appropnat~ g proposed revenues and expenditures prior to August 1st of each year. BACKGROUND: The proposed FY2003-04 Opffrating Budget was submitted to the Council on May 26, 2003. Subsequently, the CoUncil has received four presentations covering various departments, funds and issues~ On July 8, 2003, the audit Committee presented to Council recommendations for adjustments to the proposed bUdget. These adjustments are referenced as Amendment #1, and are delineated in the attached "Amendments to the FY2003-04 Proposed Budget" schedule. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted, adjusted for any amendments made by Council. Cindy O'Br~n Acting Director of Management & Budget Ordinance X Schedule of Amendments to the FY2003-04 Proposed Budget X City of Corpus Christi Amendments to the FY2003-2004 Pi'oposed Budget Fund-4010 Revenues Ad/ustments: Additional 1% increase in Utility Rates to fund additional projects Total Adjusted Revenues $ 76,241.730 381,378 $ 76,623,108 as Fund - 4130 ] ~roposed Revenues Adjustments: tmend#1 Additional 1% increase in Utility Rates to fund additional projects Total Adjusted Revenues WasteWater Fund- 4200 I Proposed Revenues Ad/ustments: Amend#1 Additional 1% increase in Utility Rates to fund additional projects Total Adjusted Revenues $ 35,236,709 120,560 $ 35,357,26 $ 32,771,184 302,364 $ 33,073,548 General Fund - 1020 I Proposed Revenues Ad]ustments: ~.mend#1 increase Advalorem taxe~ per preliminary tax roll from Appraisal District ~mend#1 Decrease Sales tax estimates Total Adjusted Revenues Proposed Expenditures Ad[ustments: ~mend#1 Add Operations Performance Review section Total Adjusted Expenditures $ 146,358,206 902,866 (802,866) $ 146,458,20~ $ 146,358,206 100,000 $ 146,458,206 Proposed Revenues all Funds Amend#1 Revised Revenues - all Funds Proposed Expenditures all Funds Amend#1 Revised Expenditures - all Funds $ 465,424,223 904,302 $ 466,328,525 $ 464,327,103 100,000 $ 464,427,103 AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCALYEAR BEGINNING AUGUSTI, 2003;TO BEFILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; PROVIDING FOR SEVERANCE; AND DECLARING AN EMER( WHEREAS, the City Manager o' Section 2 of the City Charter, di( Proposal) of the revenues of the thereof for the ensuing fiscal ye~ and which Budget Proposal had several departments, divisions, iENCY. the City of Corpus Christi (City), pursuant to Article IV, I submit to the City Council a budget proposal (Budget City, and the expenses of conducting the affairs ~r beginning August 1, 2003, and ending July 31, 2004, been compiled from detailed information from the )ffices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas LoCal Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget ef the City of Corpus Christi, covering proposed expenditures amounting to $464,427,103 and estimated revenues amounting to $466,328,525 for the Fiscal Year beginning August 1,2003, and ending July 31, 2004, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the attachment to the City Manager's Message (entitled City of Corpus Christi Summary of Expenditures FY 2003-2004) of the Budget of the City, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police H:~le g.dir~shared\veronica~lisaWY03 -04Budget Department shall be: Police officer and senior police officer - 386* Lieutenant - 36 Captain - 17 ** Commander - 6 Assistant Chief - 2 *** Chief- 1 FY03-04 TOTAL 448 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. As the number of captain and assistant chief positions is reduced as provided below, one permanently budgeted police officer/senior police officer position is simultaneously added as each captain or assistant chief position is so reduced. ** The number of captain positions is reduced to 16 effective upon a vacancy in a captain position occurring for any reason, including but not limited to termination, retirement, or demotion. The number of captain positions is reduced to 15 effective upon a vacancy in a second captain position occurring for any reason, including but not limited to termination, retirement, or demotion. *** The number of assistant chief positions is reduced to one effective upon a vacancy in an assistant chief position occurring for any reason, including but not limited to termination, retirement, or demotion. SECTION 4. ~ The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Fireflghter II - 167 Fire Captain - 78 District Fire Chief - 9 Assistant Fire Chief - 4 First Assistant Fire Chief - 1 Fire Chief - 1 FY03-04 TOTAL 394 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through a~trition. H:~]¢ g_dir~shar cd~vcronica~lisa~F Y03 -04Bud get SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reasoa any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of compe~tent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City CoUncil that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: Samuel L. Neal, Jr. Mayor A~ting C' ~{~,~ttorney 41 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 AGENDA ZTEM: AMENDI'NG THE CODE OF ORDTNANCES BY REVZSt*NG SECT1'ON 39-303, STANDARD CLASSt'Ft'CATt'ONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVt.St'NG SECT~[ON 39-304, CLASSt'Ft'ED SERVt.CE DEFt'NED, AS AMENDED; REVt.St.NG SECTZON 39-349, PLAN t.z, PERSONAL LEAVE FOR PLAN z! EMPLOYEES, AS AMENDEDt REVI'St.NG SECTt'ON 39-318, Dt.SCRETt'ONARY PAYMENT OF INVOLUNTARy TERMZNAT1'ON, AS AMENDED; REPEALt.NG ALL OTHER ORDt.NANCES, AND RULES, OR PARTS OF ORDt'NANCES, AND RULES, I'N CONFLt.CT WTTH THt'S ORD1'NANCE; PROV1*DI'NG FOR SEVERENCE; AND DECLARt.NG AN EMERGENCY. ~SSUE: Tmplementation of the New Classification/Compensation Plan (Phase 2) The continuing goal for the City of Corpus Christi is to deliver high quality services with fewer, more qualified, and better compensated employees. As with Phase I of the implementation of the New Classification/Compensation Plan, Phase 2 is proposed to be funded with significant budget reductions and deletion of vacant positions. Effective July 28, 2003, all Pay Plan Structures in Sec. 39-303 of the City of Corpus Christi's Code of Ordinances shall receive a 3% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100%. Employees in those Pay Plans shall be granted a 3% pay increase, except for employees at the maximums of their pay ranges who shall receive a 2% pay increase the maximum percentage needed to bring their pay to 100% of market. Effective December 1, 2003, all Pay Plan Structures in Sec. 39-303 shall receive a 2% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and 0% increase to maximums that were adjusted to :100% of market effective July 28, 2003. Employees in those Pay Plans shall be granted a 2% pay increase, except for employees who have reached the maximums of their pay ranges and have been at 100% of market since .luly 28, 2003. The pay increases in August and December 2003 will assist employees with the increased premium cost for Group Health Insurance, increased co-pays, out-of-pocket maximums for hospitalization, and prescription co-pays that become effective August 1, 2003. Pilot Skill-Based Pay Program Scheduled for August 2003 A Pilot Skill-based Pay Program has been developed for approximately 74 employees working in the Water Production Plant and multiple Wastewater Treatment Plants that have undergone re-engineering with the installation of computerized work management systems. Approximately 13 position titles have been consolidated into two new titles of Water Production Technician and WastewaterTreatmentTechnician. Each of these titles have core skills assigned to skill-based pay ranges that are designed to reward continuous learning and develop multi-skilled workers. The design of the Skill-Based Pay Pilot has been accomplished with the participation of: Consultants with the Waters Consulting Group, Inc.; Skill-Based Pay Steering Committee appointed by the City Manager; Employee Subject Matter Expert (SME) Teams of employees from the Water and Wastewater Plants who perform the work and can identify core skills; Each department's management team and department heacL The Pilot is tentatively scheduled for implementation the pay period beginning August 11, 2003. Implementation for skill-based pay programs in other utility operations and Police Communications will tentatively follow as early as January 2004 and continue with other departments over the next fiscal year. Effective August 11, 2003, if approved by Council, a new Skill-Based Pay Plan 100 shall be added to establish initial pay grades and ranges at 93% of market for transitioning employees~n applicable Pay Plans into Skill-Based Pay Plan 100 without any loss of pay. Transitioned employees shall have previously received their 3% pay increase on .luly 28, 2003, except for employees at the range maximums who shall have received a 2% pay increase .the maximum needed to bring their pay tO 100% ofmarket. Effective 12/1/03, if approved Plan 100 range minimums granted. Employees in Sk increase, except for employ. 100% of market since July A limited Performance-Base~ by Council, a 2% increase to Skill-Based Pay and midpoints, and 0% to maximums shall be Il-Based Pay Plan 100 shall receive a 2% pay ,~es who have reached the maximums and are at ~_8, 2003. l/Merit Pay Program, similar to the one used in FY continue for FY 2003-2004 for employees in 2001-2002 is proposed to departments and divisions that are not conducive to a skill-based pay system or that have not yet been s~:heduled for skill-based pay development. See Background Attachmerlt I for more information. Proposal for revisions to Chapter 39 of the City Of Corpus Christi's Code Of Ordinances to Reflect Proposed Pay Increases and "Housekeeping" Language Revisions Each year a "housekeeping~' Ordinance is p~pared for the City Council to: Revise Pay Plans in Code of Ordinances, Chapter 39, Personne!, Sec. 39- 303, Standard classifications, Pay Grades, and Ranges, to reflect pay increases, if any, as directed by the City Council; Revise language in Code of Ordinances, Chapter 39, Personne!, if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Attachment ! for more information. REQUIRED COUNCIL ACTION: Requesting the City Council to approve revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the Compensation & Classification Plan for FY 2003-2004. FUNDING: The estimated cost for Phase 2 of the Compensation and Classification Implementation Plan is $3,140,665 which has been incorporated into the City's budget for FY 2003-2004. That includes $1,584,845 in the General Fund. Phase 2 is proposed to be funded through significant budget reductions and elimination of many vacant positions. In addition, $608,972 has been budgeted in applicable funds for Skill-Based Pay Programs, that includes $50,000 for the General Fund, plus $77,972 for Police Dispatchers proposed to be funded from the $.10 increase from the 911 Fee. CONCLUS:[ON AND RECOMMENDATION: Competitive compensation and benefits package, re-engineering, and implementation of Skill-Based Pay Systems are components that support the City of Corpus Christi's continuing goal to deliver high quality services with fewer, more qualified, and better compensated employees. It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel, that will support this goal for FY 2003-2004. Director of Human Resources Attachments: BACKGROUND ZNFORMATTON Compensation and Classification Study in 200:L-2002 In FY 2002-2003, the City, of Corpus Christi successfully implemented the Compensation & ClassificalFion Study conducted in FY 2001-2002 to meet departmental business objectives, such as: > Replacing the City's aging, obsolete system; :> Attracting and retainiflg qualified employees; Supporting re-engineering efforts for the Departments of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Divlsion through development and implementation of skill-based pay systems; Providing solutions fc)r citywide compensation issues such as, internal equity of jobs within designated pay grade levels; Designing competitive pay plans; Providing the Council with an affordable phased-in implementation plan that began last fiscal year and will continue in FY 2003-2004 with Phase 2 of the Plan; The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like positions within five years and, as guided by annual surveys, stay even with market movement from year to year. :~n FY 2002-2003, the new Compensation and Classification Plan was implemented. Employees, excluding Police and Fire covered by collective bargaining agreements, were transitioned into new pay plans. Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid-point pay level that was approximately 90% of the competitive labor maCket rate. ~[n the transition in FY 2002-2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non-exempt (overtime eligible) employees largely due to bringing eligible employees up to the minimlum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. Skill-Based Pay System Pilot: Skill-Based Pay Programs support re-engineering and the development of multi-skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. Skill-Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles held. This type of compensation program supports re-engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the employee completing all requirements. The Work Management System (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources/Payroll System. Work Coordinators (supervisors), Planner/Schedulers, and Skill-Based Pay Coordinators will work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on-the-job training on Work Orders will facilitate administration of the Skill-Based Pay Program. Employees who are part of the Pilot in the Water and Wastewater Plants will receive initial training on the Skill-Based Pay Program and information that will enable them to understand how they will be phased into the new Skill Based Pay Plan 100 pay structure, and what actions they must take to receive automatic pay increases upon completion of skill sets. Skill-Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill-based pay development. Skill-Based Pay offers competitive wages for being multi-skilled in a complex area of City operations. In addition, the City's Pilot Skill-Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or WastewaterTreatment Plant since skill proficiency determines compensation in a skill-based compensation plan. Summary of Language Changes to Code of Ordinances, Chapter 39, Personnel, for FY 2003-2004 Amend Sec. 39-304, ~Classified Service Defined, to include positions assigned to the City Secretary's Office; Amend Sec. 39-349, Plan I! Personal Leave For Plan !! Employees, to be consistent with language in Plan ! which states that Personal Leave may be used in the first six months of employment with the City of Corpus Christi. Amend Sec. 39-318 to prevent employees from obtaining both unemployment and severance pay for involuntary termination, including requested resignations. Prepared by the Human ResourCes Department July 16, 2003 A:\Emergency Agenda Item 03 04 for 7 22 03.doc D:LAgenda Pkg 03 04\Emergency Agenda Item 03 04 for 7 22 03.doc H:~RES-DIR\SHARON~Project Agenda item FY 02-03\Emergency Agenda Item 03 04 for 7 22 03.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39-304, CLASSIFIED SERVICE DEFINED, AS AMENDED; REVISING SECTION 39-349, PLAN II, PERSONAL LEAVE FOR PLAN II EMPLOYEES, AS AMENDED; REVISING SECTION 39- 318, DISCRETIONARY PAYMENT OF INVOLUNTARY TERMINATION, AS AMENDED; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES' AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 39-303 of the Code of Ordinances of the City of Corpus Christi, Texas is revised to read as follows: Sec. 39-303. Standard Classifications, Pay Grades, and Ranges. (al Classifications. Th~v th)= sect)c=. The classifications of employees of the CiW will include Pay Plan 100 (Skill-Based Pay); Pay Plan 200 ~emporaw/Pa~-Time); Pay Plan 300 (Police and Fire Managerial Positions that am not covered in Collective Bar~a n n~ Aqreements or in Executive Pay Plan 400); Pay Plan 400 (Executives); Pay Plan 500 (Le~a/AEorney); Pay Plan 60A (FLSA Ove~ime ExemPt); Pay Plan 700 (Information Technoloqv); Pay Plan 900 (FLSA Ove~ime El q b e), as set fo~h in this Section. This Section does not apply to Police and Fire employees covered by collective bargain nq a~reements. A:~'-lurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 2 842- .v,,. vi 20,117 26r868 (b) Pay Plan 100. Skill. established for admi The City Manager is and training pro.qra consolidated and tra~ 39-303 into SkilI-Ba,, positions in SkilI-Bas~ Based Pay Plan 100 includes pay range structures nistration of the Citywide Skill-Based Pay System. authorized to add Skill-Based Pay Ran.qe Structures ~s throughout the fiscal year as job titles are ~sitioned from existing pay plans in Chapter 39, Sec. .ed Pay Plan 100. The pay ,qrades and ranges for ;d Pay Plan 100 are as follows: Pay Plan 1(}0, Citywide Skill-Based Pay System Grades Zone Sub-Zone 8/11/03 (3%) 12/01/03 (2%) 101 & 1~ 1.~0 15,047 15,348 10~2 1~ 1.1 15,348 151655 1~ !.~2 15,655 15,968 1 1.3 16,281 16,607 1 1 .._~4 16,932 17,271 I 1.5 17,609 17,961 2 2..~1 18,666 19,039 i2 2.2 19,786 i 20,182 '2 2._~3 i 20,973 i21,392 2~ 2.4 22,231 22,676 2 2.5 23,565 24,036 2 2.6 24,979 25,479 2 2.._.~7 26,478 27,008 A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 3 3 3.1 28~596 29~ 168 3 3.2 30,884 31 ~502 3 3.3 33~355 34~022 3 3.4 36,023 36,743 3 3.5 40~346 41~153 3 3.6 45~187 46~091 3 3.7 * 52,245 * 52~245 * Maximum in FY 2002-200~ was 100% of market; for FY 2003-2004, adjusted 2% for labor market movement 7/28/03; no further market adjustment needed to remain at 100% on 12/1/03, therefore 0% adjustment. (c) Pay ........ ,_, Hcr. 711 ~ 712 , -' ........... 34 713 ~_,vvv°° Q~ ,~.n 7!4 ............... 715 37 ,n'~ 4!,255 716 ~. ~.~,~.~ 67,2~ 717 ~,. 718 ~.~,~.~ ~ 83,253 720 ~ ~ o~o 813 .., . 093; 3 ..... 55,338 A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC ~29 ' I I (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the I~LSA Overtime Eli.qible Pay Plan 900~ The City Mana,qer is authoriz~ed to make chanRes to this pay structure in subpara.qraphs (1) arid (2) below throu.qhout the fiscal year as required, such as for minimumiwa.qe chan.qes as required by federal law. The pay ,qrades and ran.qes fo~' positions in Pay Plan 200 are as follows: Pay Plan 200, Tempor~ry/Part-Time Pay Structure, Effective 7~28~03 ;rade rvlinimum Midpoint Maximum '211 ;5.15 ~;5.15 $5.15 ~'212 ;6.00 $8.00 $10.00 213 ;7.23 $9.22 312.28 214 ;8.48 $10.80 ~13.81 215 ;9.24 $11.77 ;15.05 216 $11.12 $14.18 ;18.13 * Minimum Wage ** Adiusted to comply with State Law and the pay received by election workers for other local entities. Pay Plan 200, TemporpryIPart-Time Pay Structure, Effective 12/01103 Grade Vlinimu~n Midpoint Maximum '211 ;5.15 ;5.15 ;5.15 **212 ~6.00 ;8.00 H 0.00 213 ;7.38 ;9.40 H2.28 214 ;8.65 H 1.02 H 3.81 215 ~9.42 ;12.01 H5.05 216 ;11.35' ;14.47 ;18.13 * Minimum Wa.qe ** Adiusted to comply with State Law and the pay received by election workers for other local entities. A:\Hurricanc emergency f'mal Code of Ord for Council Packet 7 22 03.DOC 5 ~4'~ 2~ 7Oa 615 ~ 617 38,789 (d) Pay Plan 300: Pay plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salaw ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum 5% differential (1) between the range minimum for Police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the entry step for Police Captain and Fire District Chief as stal~ed in the applicable contract; and (2) between the range maximum for police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for Police Captain and Fire Dis~tdct Chief as stated in the applicable contract. The City Manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable Police and Fire Collective Bar.qainin.q Contracts. The pay grades and ran.qes for positions in Pay Plan 300 are as follows: Pay Plan 300, Police & Fire Mana.qerial, Effective 7~28~03 7% .3% 2% Grade Minimqm Midpoint Maximum 311 72,295 79,305 85,477 312 72,295 79,305 85,477 A:\Hurricane emergency final Code o£ Ord for Council Packet 7 22 03.DOC Pay Plan 300, Policei& Fire ManaRerial, Effective 12101103 3% 3% 0% Grade MinimuF~ Midpoint Maximum 311 73,741 I 80,891 85,477 312 73,741 80,891 85,477 512 2,9r2~,3: 38,800 63~-7-g 111 ~ ~"~ 113 A:\Hurricane emergency f'mal Code of Ord for Council Packet 7 22 03.DOC Pay Plan 400. Pay Plan 400 will include positions at the hi.qhest level of decision-making and ~esponsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400, Executives, Effective 7~28~03 3% 3% 2% Grade Minimu~n Midpoint Maximum 411 30,281 40~123 54~757 412 33,006i 43,734 59,685 413 36~159, 47~910 65,384 414 39,973 52~965 72,282 415 44,390 58,817 80,270 416 49,740 65,905 897941 417 55,982. 74,175 101,229 418 62~610. 82,958 113,216 419 63,287. 83,855 114,439 42,0 70,752, 931745 127,937 4~.!. 71,546 94,798 129,373 422 79,305 90,763 101,229 423 80~883. 107~169 146,257 424 90,763 103,162 114,439 430 City Mana.qer No Range No Range Pay Plan 400, Executives, Effective 12/01/03 3% 3% O% Grade Minimqm Midpoint Maximum 411 30.887 40,925 54,757 412 33,666 i 44,608 59,685 413 36,882 48,869 65,384 414 40,773 54~024 72,282 415 45~278 59,993 80,270 416 50.735 67~223 89,941 417 57,101i 75,659 101,229 41...__8_8 63.862 84,617 113,216 419 64,553, 85,532 114,439 420 72,167 95f620 127,937 421 72,97? 96,694 129,373 422 80,89:[ 92,578 101,229 '423 82~50Q 109,313 146,257 424 92,578 105,225 114,439 430 City M~ana.qer No Range No Range A:\Hurricane emergency fmal Code of Ord for Council Packet 7 22 03.DOC 3% 3% 20/0 Grade Minimu 'n Midpoint Maximum 415 ~ t:: -., 4,n,, --7-8¢096 ;4!6 ~ ~ QO 477 417 gA "~:4 70 ~4~ 44.8 ~n 7~ 80,542 423 ~o ~o7 ~ (f) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ran.q~s for positions in Pay Plan 500 are as follows: Pay Plan 500(a), Exqmpt (Overtime Ineliclible). (Leqal/Attornevs), Effective 7128103 3% 3% 20/0 Grade MinimUm Midpoint Maximum 511 27~671 36~664 50,036 512 30,161! 39,964 54,540 513 33,02¢ 43,761 59,721 514 36,330 48,137 65,693 515 40~145 53,192 72,593 516 44,562~ 59~045 80,580 517 49,68~ 65,837 89~849 518 55,652 73,739 100~633 A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC Pay Plan 500(a), ExemPt (Overtime Ineliaible). LeaallAttornevs), Effective t2101103 3% 3% 0% Grade Minimum Midpoint Maximum 511 28~224 37~397 50~036 512 30,765 40~763 54,540 513 33~687, 44,636 59~721 514 37~057 49~100 65,693 515 40~948 54,256 72~593 516 45~453, 60~226 80~580 517 50,682 67,153 89~849 518 56,765 75,214 100,633 Pay Plan 500(b), Non-Exempt (Overtime Eligible). (Le(lallAttornevs), Effective 7128103 3% 3% 2% Grade Minimum Midpoint Maximum 11__! 27,671 36,664 50,036 112 30,161 39,964 54,540 113 33,027 43,761 59,721 114 36,330 48~137 65,693 115 i 40,145. 53,192 72,593 116 44.562 59,045 80,580 117 49,688 65,837 89,849 118 55,652 73,739 100,633 Pay Plan 500(b), Non-Exempt (Overtime Eliclible), (Legal/Attorneys), Effective 12101103 3% 3% 0% Grade Minimum Midpoint Maximum 111 28,224 37,397 50,036 112 30.765 40.763 54,540 113 33.687 44.636 59,721 114 37,057 49,100 65,693 115 40,948 54.256 72,593 11__96 45,453 60,226 80,580 117 50,682 67,153 89,849 11~8 56,765 75,214 100,633 A:LHurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 10 (f) 79,I~9 :7-6.tee6 311 .'~ an~ 312 83,~9! Pay Plan 600. Pa' designated as exem Pay Plan 700 (Inforf Pay Plan 300 (Pc (Executives). The p are as follows: Plan 600 will include all positions that may be from overtime under the FLSA except positions in ~ation Technology), Pay Plan 500 (Legal/Attorney), lice and Fire Managerial), and Pay Plan 400 ~y .qrades and ranges for positions in Pay Plan 600 Pay Plan 600, ExemPt (Overtime Ineligible), Effective 7~28~03 30/0 3% 2% Grade MinimUm Midpoint Maximum 611 23,494, 31,130 41,646 61__.~2 25,374, 33,620 44,977 813 27,531, 36,478 48,800 814 30,009 39,762 53,193 $15 32,860, 43,540 58,248 816 36,147, 47,895 64,073 H7 39,943. 52,924 70,802 618 44,337 58,747 78,591 619 49,437 65,504 87,631 620 55,370 73,365 98,150 Pay Plan 600, ExemPt (Overtime Ineli.qible), Effective 12/01/03 2% 2% 0% Grade Minimum Midpoint Maximum 611 23,96, 31,752 41,646 612 25.88: 34,293 44~977 613 28,08: 37,208 48,800 614 30~60! 40~557 53r193 615 33,51; 44,411 58.248 ,616 36.871 48.853 64.073 817 40~74;~ 53,983 70,802 818 45~22~t 59,922 78,591 A:\Hurricane emergency f'mal Code: of Ord for Council Packet 7 22 03.DOC Il 619 150.426 66.814 87.631 620 156~477 74.832 98~150 (Tc.~..~cr=.'y!P:.'t T!.'=..e.n-"_, ---.----.-,e+ .... + .... ~ 211 212 213 7.02 ~ !2.0'!. 21.1 o 215 a~ ~n.n ~ ~ 17 77 Pay Plan 700. Pay Plan 700 will include positions focused on providing the information technology infrastructure for the City. The pay .qrades and ranges for positions in Pay Plan 700 are as follows Pay plan 700(a), Non-Exempt (Overtime Eligible), (Information Technology), Effective 7128103 3% 3% 2% Grade Minimum Midpoint Maximum 711 19,886 29,829 43,588 712 21,576 32,365 47,292 713 23,518 35,278 51,549 714. 25,753 38,629 56,445 715 28,328. 42,493 62,091 716 31,303 46,955 68,611 '717 34,747 52,120 76,158 718 38,743 58,115 84,918 719 43,393 S5,089 95,109 720 48,817 73,226 106,999 A:\Hurricane emergency final Code ef Ord for Council Packet 7 22 03.DOC 12 Pay plan 700(a), Non-Exempt (Overtime Eliaible}, (Information Technoloav), Effective 12101103 2% 2% 0% Grade MinimUm Midpoint Maximum 711 20,284~ 30,426 43,588 712 22,008 33,012 47,292 713 23,988 35,983 51,549 714 26,268 39,402 56,445 715 28,895 43,343 62,091 716 31,92§ 47,894 68,611 717 35,44~ 53,162 76,158 718 39,518 59,277 84,918 719 44,26i 66,391 95,109 720 49,794 74,690 106,999 Plan 700(b), Exempt (Overtime Ineligible), (Information Technolo.qy), Effective 7128103 3% 3% 2% Grade MinimUm Midpoint Maximum 811 19,889 29,829 43,588 B12 21,57~ 32,365 47,292 B13 23,518 35,278 51,549 B14 25,753 38,629 56,445 815 28,328 42,493 62,091 816 31,30~ 46,955 68,611 817 34,747 52,120 76,158 H8 38,74~ 58,115 84,918 819 43,39~ 65,089 95,109 820 48,817 73,226 106,999 A:~-lurricane emergency final Code iof Ord for Council Packet 7 22 03.DOC 13 Plan 700(b), Exempt (Overtime Ineli~lible), (Information Technoloav). Effective 12/01103 2% 2% Grade Minimgm Midpoint Maximum 811 20,284. 30,426 43,588 812 22,008 i33,012 47,292 813 23,9881 35,983 51,549 814 26,268, 39,402 56,445 815 28,895 43,343 62,091 816 31,929, 47,894 68,611 817 35,442 53,162 76,158 818 39,518 59,277 84,918 i819 44,261 66,391 95,109 820 49,794 74,690 106,999 i. Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this Section. Pay Plan 900 will include positions that are not designated as exempt under the FLSA. The City Manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranqes for positions in Pay Plan 900 are as follows: Pay Plan 900, Non-ExemPt (Overtime Eligible), Effective July 28, 2003 3% 3% 2% Grade Minimum Midpoint Maximum 911 15,047 19,185 25,560 912 16,251 20,721 26,477 )13 17,633 22,482 28,728 914 19,220 24,505 31,314 915 21,045' 26,833 34,288 916 23,149 29,516 37.717 917 25.580 32,615 41,677 918 28,394 36,202 46,261 919 31,659 40,366 51,580 920 35.459 45,210 57,770 )21 i39.891 50,861 64.990 A:LHurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 14 Pay Plan 900, Non-E~tempt (Overtime Eligible), Effective 12101103 2% 2% 0% Grade Minimum Midpoint Maximum 91 !. 15,34 19,569 25,560 912 16,57) 21,135 26,477 )13 17,98) 22,931 28,728 )14 19,604 :)4,995 31,314 915 21,466 27,369 34,288 916 23,61i2 30,106 37,717 917 26,092 33,267 41,677 918 28,9(~2 36,926 46,261 919 32,293 41,173 51,580 920 36,1(~8 46,114 57,770 921 40,649 51,879 64,990 SECTION 2. Section 39-304 of the Code of Ordinances of the City of Corpus Christi, Texas, is revised to read as follows: Sec. 39-304, Classified Service Defined. The Classified Service includes all positions not exempted in this Section. The following are exempt from the Classified Service and, therefore, are not covered by rules and regulations of the Civil Service Board: all positions within the following pay plans: Pay Plan 700 (Information Technology), Pay Plan 600 (FLSA Exempt), Pay Plan 500 (Legal/Attorneys), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial). all positions in the Mayor's office, and all positions in the City Secretary's Office. any position that functions as the principal secretary or assistant to the City Manager, [~ef~-C~~, Assistant City Manager, Executive Di~ctor, Municipal Court Judge, Department Director, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. (4) temporary employees. (5) all members of the Police and Fire Collective Bargaining Unit. A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 15 (b) Any employee serving in a position not included in the Classified Services serves at will, at the pleasure of the City Manager (or the City Council if appointed by the City Council), and will have and continue such at-will status notwithstanding any other ordinance, rule, or regulation of the City. No officer or employee of the City may waive or modify the at-will status of any position described in this Section. Provided, however, Police and Fire positions are governed by collective bargaining agreements and state law as to job status. SECTION 3. Section 39-349 of the Code of Ordinances of the City of Corpus Christi, Texas, is revised to read as follows: Sec. 39-349. Plan II personal leave for Plan II employees. Effective August 1 of each year, each Plan II Employee will receive 40 hours of personal leave to be used under guidelines promulgated by the City Manager, or designee. Personal leave hours must be requested and approved in advance like vacation accrual, but are non-cumulative. Personal Leave must be taken within the fiscal year received. Personal Leave, if any, may be used within the first 6 months of employment with the City." SECTION 4. Sec. 39-318 of the Code of Ordinances of the City of Corpus Christi, Texas, is revised to read as follows: Sec. 39-3t8. Discretionary Payment for Involuntary Termination (a) The City Manager maY, at this discretion, authorize lump sum payments for involuntary termination, including requested resignations, in amounts not to exceed the equivalent of six (6) month's wages for the applicable employee. (b) Notice of termination ,may or may not be Riven, at the City Mana.qer's discretion (subject to any e.qal requirement for notice of termination). (c) The City Manager may make such payment of waRes-in-lieu-of-notice, or at this discretion may include and impose conditions for receipt of wa.qes- in-lieu-of-notice. A:\Hurricane emergency f'mal Code of Ord for Council Packet 7 22 03.DOC 16 SECTION 5. The City Manager is directed to implement the following measures relating to employee compensation during FY 2003-2004: (a) Effective July 28, 2003, except for employees at the maximums of their pay ranges, all employees in Section 39-303 Pay Plans must be granted a 3% pay increase. Employees at the maximum of their pay ranges must receive a pay increase of up to 2% if needled to bring their pay to 100% of market. (b) Effective August 11,200~3, employees may be transitioned from other Section 39-303 Pay Plans to the new Skill-Based Pay Plan 100. (c) Effective December 1, 2003, except for employees at the maximums of their pay ranges, all employees in Section 39-303 Pay Plans must be granted a 2% pay increase. (d) As appropriate throughout the fiscal year, the City Manger may transition employees to the expanded Skill-Based Pay Plan. (e) This section does not apply to Police and Fire employees covered by collective bargaining agreements. SECTION 6. This Ordinance is effective upon final adoption by the City Council. Adjustments to salary ranges of Pay Plans within this Ordinance and concurrent pay increases for applicable employees will become effective July 28, 2003, and December 1, 2003, as indicated on individual Pay Plans in Section 39-303 of the Code of Ordinances. In addition, the new Skill-Based Pay Plan 100 and concurrent transitional pay increases, if any, for applicable employees will become effective August 11, 2003. Effective December 1,2003, Skill-Based Pay Plan 100 ranges will be adjusted and concurrent pay increases granted to applicable employees as stated in that Pay Plan. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance will be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdi~vision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full fome and effect for its purpose. A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 17 SECTION 8. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: 16th day of July, 2003, By: Susa~'"~~ Assistant City Attorney For City Attorney A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 18 Corpus Christi, Texas __ day of ,2003 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 isuspension 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. Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott A:\Hurricane emergency final Code of Ord for Council Packet 7 22 03.DOC 42 CITY COUNCIL MEMORANDUM July 15, 2003 AGENDA ITEMS: In support of the FY2003-04 Proposed Budget, as amended through July 15, 2003 by Amendment #1: A. An ordinance amending ~he Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Wate~r, Gas and Wastewater Rates; providing for severance; providing an effective date; and providing for publication. An ordinance amending ~the Code of Ordinances to establish section 55-7 to adopt monthly fifty cent local exchange access line service fee to provide for the purchase, installation, and maintenance expenses, including personnel, of 9-1-1 service in the City of Corpus Christi, Texas; repealing Ordinance No. 024971 which established a monthly forty cent fee; establishing an effective date; providing for severance and providing for publication, An ordinance amending the Code of Ordinances to increase and establish health department fees as follows: food handler and food manager's permit from $6.00 to $7.00; day care facility inspection from $35 to $50; sexually transmitted disease clinic visit from $5.00 to $15.00; sexually transmitted disease clinic blood test from $5.00 to $10.00; food service permit re-inspection fee of $50.00; foster family home inspection fee of $50.00; birth certificate cover $1.00 fee; $50 fee for letter of verification for cosmetology license applicants; amending section 23-19 regarding fees for water sample lab tests; providing effective date of August 1,2003, providing for severance; and providing for publication. Resolution authorizing fees for laboratory testing of water samples for Fiscal Year 2003-2004; providing for publication; providing for an effective date; and providing for severance. An ordinance amending the Corpus Christi Code of Ordinances, Section 53-257 Parking Meter Zones; established, by amending certain parking meter zone rates; providing for severance; providing for penalties; and providing for publication. An ordinance amending Section 9-35.1 Code of Ordinances, to increase long-term (hourly) parking rates and adding covered parting rates at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for severance; providing for an effective date; and providing for publication. An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash, and o~ther Refuse to increase the solid waste system service charges; providing for penalties, providing for severance; providing an effective date; and providing for publication. An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash, and other Refuse to increase, in certain instances, the solid waste hauler annual permit fee; providing for penalties, providing for severance; providing an effective date; and providing for publication. An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and Sidewalks; to increase fees to close or abandon street or easement; providing for severance; providing an effective date of August 1, 2003; and providing for publication. An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards; to add new flood determination letter fee; providing for severance; providing an effective date of August 1, 2003; and providing for publication. An ordinance amending the code of ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction a~nd Related Operations; Housing and Housing Premises Standards; to establish new fees or increase technical construction code fee schedules; providing for severance; providing an effective date of August 1,2003; and providing for publication. Resolution authorizing park, recreation cultural and leisure time activities rental fee and recreational fee adjustments; adding new rental fees and recreational fees for Fiscal Year 2003-2004; providing for publication; providing for an effective date; and providing for severance. ISSUE: The Proposed FY2003-04 Budget includes estimated revenues generated from increased fees/rates and new fees/rates necessary to fund specific projects and/or cover existing operating costs. The proposed fee/rate increases have been presented dudng the Budget process as separate attachments: General Fund Proposed Rate Adjustments and Enterprise Funds Proposed Rate Adjustments. These fees/rates established by ordinance require amendments. REQUIRED COUNCIL ACTION: Approval of the ordinances and resolutions described, increasing or establishing fees/rates included in the Proposed FY2003-04 Budget as amended by Amendment #1. RECOMMENDATION: Approval of ordinances and resolutions as presented. Mark L. Mc~Daniel- Executive Director of Support Services ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55~ UTILITIES, REGARDING WATER, GAS AND WASTEWATER RATESI PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE cITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances is revised to read as follows: "Sec. 55-50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. Inside City Limits Meter SiiLze A ...... *" August 1, (I ) ~nno *,, 2003 to nches ...... Jul:,' 3!, July 31, onn~ 2004 Residential 5/8" - 3/~¢" ,,v..~" -;-zQ,,,$6 .124 Commercial 5~8"- 3/~4" 9.338 8.838 Residential & Commercial 1" 13.30~ 14.104 1-1/2" __.vv'~') ~. 23.695 2" 3'1.780 36.866 R32111A1 .doc ' Meter Size ^ ...... * ~ Au.qust 1, (Inches) -vv-~'nn") .,,.v 2003 to h n,, ~ July 31 .3nn~ 2004 3" 424-,7-9~ 132.277 4" 142.37! 150.913 6" ~ 226.747 8" and larger ..~'~, ...~v~n~ 340.581 Large Volume Any size -19~32-A69 11,482.099 "2. Outside City Limits Meter Size ^ ...... * ~ August 1, 2002 to 2003 to ~.n.. '~. July 31, onn'~ 2004 Residential 1 ..... $13.001 5/8" - 3/4" $ o o~ Commercial 5~8" - 3/4" ! 7. ~, 03 18.447 Residential & Commercial 1" ~.'~'~ .~v'~n~ 28.941 1-1/2" 46A44 48.138 2" 70 .... 74.465 3" 250.273 265.289 R32111Al.doc 2 3 [ Meter Size ^ ...... * ~ AuRust 1, · )nn,~ *,. 2003 to ~"~" ~ July 31, onn'~ 2004 4" -~.~ '~.vv 302,580 6" ~ 454.266 8" and I~rger ~A~v .v.~_~'~'~ 681 .928 I Large Volume! Any size ~.v,~.n'~A..~v.~:"/ 19,159.030 "b. Untreated Water Customers ~ ...... * '~ AuRust 1, onno *,, 2003 to "'~" ~ July 31 ~nn~ 2004 MinimUm 258.60! $274.117 monthly service charge, water districtS/ municipalities with raiN water Supply contracts executed after January 1, 1997 R32111A1.doc 4 ^ ...... * '~ Au.qust 1, 2002 tc 2003 to ',,~,, ~ July 31, ")nn~ 2004 Minimum !57.500 166.950 monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19974 rvlinimum 258.60! 274.117' monthly service charge, industrial Minimum 8.~!~ 9.132 monthly service charge, domestic Minimum 86A99 91.370 annual service charge, domestic ,4 Minimum monthly charge for Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $!50.00 $166.950, the customer shall be billed $! 50.00 $166.950, unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, R32111Al.doc provides for a minimum annual payment. If a valid water supply contract between the customer and City executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly Volume Charges Per 1,000 Gallons "a. Residential Rate "1. Inside!City Limits · ,.~.vt 1, Au,qust 1, · )nno 2003 te to h,~,, ~ July 31, · ')nnq 2004 First ~2,000 ,M!,",!,mum* Minimum* GallOns Next ~ $2.118 13,000 Gallons Next 2~4) 2.988 15,000 GallOns Next ~ A ~n 3 657 20,000 Gallons Over ,~ ~ ~n ..... 4.437. 50,000 Gallons 5 "*Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits ~ ...... * ~ August 1 onno 2003 ~e to ~"~" 31, July 31, · ~nn~ 2004 R32111Al.doc 6 First 2!000 .M!.-.!mum*Minimum* Gallons Next · A ~ $4 437 13,000 Gallons Next ' '~.. ~,vv~ 4.437 15,oo Gallons Next' 4-.486 4.437 20,000 Gallons Over ! 4-.486 4.437 50,000 Gallons "*Use the Minimum Charges in Subsection (a)(1). "b. Commercial Rate "1. Inside City Limits ^ ...... *"August 1, onno 2003 te to ~"~" ~' July 31, onn'~ 2004 First 2~,000 M!r,!mum* Minimum* Gallons Next ,$-1=989 $2.118 13,000 Gallons Next ~,., '~'~ ,v 1.884 85,000 Gallo~s Next 1.351 1.432 900,000 Gallons R32111A1.doc Over 1,000,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits 1.122 ^ ...... * ~ Au.qust 1 onno 2003 ~e Lo Jul~,' 3!, July 31, onn'~ 2004 First 2,000 M!r.!m,.-'m* Minimum* Gallons Next ¢ ~ '~c'~ $4 618 13,000 Gallons Next ~ 4.146 85,000 Gallons Next 3~039 3.221 900,000 Gallons Ove~ 4~)6g 1.758 1,000,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). 7 "c. Reserved" "d. Public Agency for Resale Treated Water Rates "Treated water rates purchased by a public agency for resale are hereby set as follows: ^ ...... *" Au.qust 1, onno 2003 ~ Lo h,l,, ~ July 31, onn'~ 2004 R32111Al.doc 8 ^ ...... * ~ Au.qust 1, · ~nn'~ 2003 te t__o ~"~" ~ July 31, ~nnc~ 2004 First 2i000 ,M!,",~mum*Minimum* Gallons i Next $-1M~30 $2.045 13,000 Gallons Next 1.727 1.830 85,000 Gallons Next ~ 1.376 900,000 Gallons 'Next 1.025 1.086 9,000,000 Gallons Over 0.~7 0.707 10,000,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer mere than once in any 12 month period. "1. Inside City Limits Au~ ..... August 1, 2002 2003 te to h,~,, ~ July 31, R32111A1.doc 9 anna 2004 First M!n!mum* Minimum* 10,0Q0,000 Gallohs Eachl $ 0.702 $0.744 Additlonal 1 ,oo0 GallOn "* Use the Minimum Charges ih Subsection (a)(1). "2. Outside City Limits ^ ...... + 4 Au,qust 1, onno 2003 te to ~"~" ~ July 31 onn'~ 2004 First Minimum* Minimum* 10,000,000 Gallons Each $ !.026 $1.087 Additional 1,000 Gallon "* Use the Minimum Charges in Subsection (a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). "In addition to the charges for the base rates for water service, established in subsection (a) of this section, a separate charge for the costs of raw water, the RWCA, will be R32111A1.doc 10 added to each consumer's bill, except Public Agency for Resale Untreated Water customers without a raw water supply contract executed after January 1, 1997. (A Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the City or the rate for Public Agency for Resale Untreated Water customers without a raw Water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. ~ this section.) The RWCA will be based on projected system-wide raw water sales. '~he RWCA will be calculated on an annual basis according to the following procedures. "(1) Use projected system-wide water sales based on historical consumption and projected growth. "(2) include the annual b~dgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original Ibond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: "a. The expense of acquiring a capital item that cost not more than $100,000 shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that cost more than $100,000 shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. R32111A1,doc "(9) Miscellaneous revenues related to ~:aw water activity, such as oil and gas lease revenues and interest earned on debt service surety bonds, is applied as an offset based on annual budgeted amounts. "(10) At fiscal year end, ,determine the amount of over or under collections that have resulted from differences between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Apply this amount as an adjustment to the following fiscal year's RWCA. "(11) Apply the credit for levelized Choke Canyon debt payments to City rate- payers' projected water consumption, and deduct from their RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers. "(c) Definitions. '"Costs of raw water' is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights. "Payments to the P.L. 104-318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. R32111Al.doc 12 "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vigssel or pipelines from other regions. '~Vater supply developm~nt and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the City's gener,a,I administrative costs appli~cable to the activities enumerated in this definition. SECTION 2. The water rates eslabiished in Section 1 of this ordinance shall take effect and be applied against all servic~ provided on or after the first day of August. SECTION 3. Section 55-50.1 ofihe Code of Ordinances is amended to read as follows: "Sec. 55-50.1. Water service te city without charge. "No rate or charge shall be assessed for water service provided to city buildings, institutions, and activities operated by the city. The city shall maintain records showing the free service provided and the value thereof. However, rates and charges shall be assessed for city utilities provided to city buildings, institutions, and activities operated by the city for which operating and maintenance expenditures are recorded in the aviation, golf, and marina funds." SECTION 4. Section 55-61 of the Code of Ordinances is amended to include the classification of customers and schedule of gas rates, which shall read as follows: "Sec. 55~61. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates ([rom November Cycle 11 throu.qh April Cycle 10) Monthly Consumption A,~,~... !, August 1, ,~nno 2003 - ~,,i,, '~ July 31, onn~ 2004 First 1 MCF 7.d'!,~ $7.887 (Minimum Bill) R32111A1.doc 13 Monthly Consumption.~._=_..* ~,.August 1, onn,3 2003 - ~'"" '~ July 31, onn~ 2004 Next 2 MCF ~.,,vA ~-~ 4.425 Next 7 M(~F ~..,v') A ~ c 2.559 Next 40 MCF _._,'~ '~'~v 2.414 All over 5b MCF !.620 1.717~ "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) Monthly Consumption ,n...~-..* ~,, August 1, 20G2-- 2003 - ~"~" ~ J Iy31 ~nn~ 2004 First I MCF ,.~ -z,..,,~ $7 .887 Minimum Bill) Next 2 M~3F 4-A7~ 4.425 Next 5 M~3F 2.~.!5 2.559 Next 30 MCF ~, . ~')~. ~ 1 .285 All over 38 MCF ! .07~ 1.142 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption ,~,..~..~.* ~, , August 1, 2gg2-- 2003 - ~"~" q~ July 31 2993 2004 First 1 MCF $-gA82 $9.732 Minimum Bill) R32111A1.doc 14 Monthly C(~nsumption .^._~_v.* 1, Auqust 1, onno 2003 -- ~,n,, '~ July 31 onn'~ 2004 Next 2 MCF d.~! 4.961 Next 7 MC~ 2.~8 2.828 Next 40 M(~F 2.5!7 2.668 ~11 over 50!MCF !.75~ 1.861 [ "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates! (from April Cycle 11 through November Cycle 10) Monthly C(~nsumption .^._~.~,* ~, , August 1, o nn'-; 2003 - onn'~ 2004 First 1 MCF ,$-9A82 $9.732 Minimum Bill) Next 2 McF '!..~8~ 4.961 Next 5 McF 2.~8 2.828 Next 30 MCF !.332 1.411 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits Monthly ,^,,,~-~,* ~, , August 1, Consumption ~ 2003 - ~,,k, ~ July 31, onn'~ 2004 First 1 MCF $-7-A44 $7.887 (Minimum Bill) R32111A1.doc 15 Next 2 MCF A,..,v4.7~4 .425 Next 7 MCF ,3~994 4.135 Next 40 MCF 3.752 3.977 Next 50! MCF !.~2C 1.717 Next 10~0 MCF !.35C 1.431 iNext 10~0 MCF !.!80 1.250 Next 1,000 MCF 0J~76 1.034 Next 13,000 MCF 9.87.7 0.929 All over 15 000 n. ~A~. 0 .891 MCF "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption ~,,~u,~,,,* ~, . Au.qust. 1, onno 2003 - ~'"" '~ July 31 onn'~ 2004 First 1 MCF $ 9.!82 $9.732 (Minimum Bill) Next 2 MCF 4~68~ 4.961 Next 7 MCF 4-~396 4.659 Next 40 MCF 4.226 4.479 Next 50 MCF ! .756 1.861 ~lext 100 MCF ! .~.50 1.537 Next 100 MCF 1.2G5 1.340 Next 700 MCF ~ 1.266 R32111Al.doc 16 Next 1,000 MCF Next 13,000 MCF All over 15,, "Note: Rates do not include put( "(c) SEASONAL CUSTOMERS requested a cutoff and re-conne premises, including increases or not necessitated by reason of re. 0~g-7-6' 1.034 0.877 0.929 )00 MCF -0~844 0.891 :hased gas adjustment and sales tax, where applicable partial year service) rates (all customers who have ;tion at the same location or for services to the same reductions of the same premises, and which cutoff was :onstruction of the building on the premises, shall be classified as seasonal customer~, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the G~as Department of the City): "(1) Inside City Limits Monthly C(~nsumption.A._~_..* !,Au.qust 1, ~ 2003 - ~,n,, ~,~ J Iy v.,, v,, u 31, · 3nnc~ 2004 First 1 MCi: $ !2.36! $13.102 (Minimum Bill) Next 2 MCI: 4-1-.479 11.84§ qext 7 MCI: 5.308 5.626 Next 30 M~F 2.278 2.414 All over 413 MCF ! .620 1.717 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption , ^,.~.v.* !, August. 1, onno 2003 - h n,, '~ July 31 onnc~ 2004 First 1 MCF $-l~849 $15.73g (Minimum Bill) Next 2 MCF 12.7~ 13.535 R32111A1.doc 17 Next 7 MCF ~v.vn~,vo 6.379 Next 30 MCF 2.517 2.668 All over 40 MCF ~,.,'~v~ 1.861 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(d) INCENTIVE AIR COOLIN(~ AND CONDITIONING RATE CUSTOMERS rates (limited to customers using les~ than 15,000 MCF per month annual average. All general rate customers that halve installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits Monthly ,^,-u-~-* ~, , August 1, Consumption 2~ 2003 - "'"' ~ July 31, ')nn~ 2004 First 1 MCF ,.~ '~,.,,~AAn $7 .886 IMinimurn Bill) Next 2 MCF ~..!7A 4.424 Next 7 MCF 3~8~4 4.135 Next 40 MCF 2.85~, 3.025 Next 150 MCF 1.213 1.285 Next 300 MCF !.!29 1.196 Next 500 MCF ~;)J~76 1.034 Next 14,000 MCF 0.87'z 0.92§ All over 15,000 MCF 07.! 0.891 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable R32111A1.doc 18 "(2) Outside City Limits Mohthly ^ ...... * ~ Au,qust 1 Consumption 2092 2003 - ~"~" ~ J Iy 31 ")nn'~ 2004 MC~F ~ $9.732 First 1 Minimum IBill) Next 2 MdF ~,.~8! 4.961 Next 7 MdF ~.39~ 4.659 Next 40 M~CF v._vv~ '~na 3.401 Next 150 MCF !.332 1.411 Next 300 MCF ~ 1.266 Next 500 MCF ! .027 1.088 Next 14,000 MCF 0~9~-0 0.964 All over 15,000 MCF 0.8d! 0.891 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the City following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss & unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the City to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over 15,000 MCF in one month, and who receive gas from the City's distribution system at the same pressure base at which the City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF for purchased gas adjustment than the General Customer Rate Schedule. "(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction." SECTION 5. The gas rates established in Section 4 of this ordinance shall take effect and be applied against all service provided on or after the first day of August. R32111A1.doc 19 SECTION 6. Section 55-100 of the Code of Ordinances is amended to include the classification of customers and Schedule of wastewater rates, which shall read as follows: "Sec. 55-100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the City's municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: Clas~sification.^._=~..* AuRust ~ ,)nno 1 2003 to t_o "'"' ~ July 31 onn'~ 2004 Inside City $-12-.790 $13.557 ;Limits One-family minimum monthly charge (first 2,000 gallons) Inside City 2.586 2.741 Limits One-family ~er 1,000 gallons over 2,000 Inside City '~o, ~.-,°'~. 76 .607 Limi~ts One-family maximum monthly charge (Up to 25,000 gallons) R32111A1.doc Classification .A._=__.* AuRust. t onno 1, 2003 te t_o ,,n,, ~ July 31 q, nnc~ 2004 outside City 25.58! 27.115 Limits One-family minimum montl~ly charge (first 2,000 gallonS) Outside City 5.173 5.483 Limits One-family per 1,000 gallons over 2,000 Outside City ! ~.-!,.585 153.260 Limits One-family maximum monthly charge (Up to 25,000 gallons) Inside City ~9A38 20.604 Limits Commercial minimum monthly charge (first 2,000. gallons) 20 R32111Al.doc ClasSification ,^..~_v.* August ~ onno I 2003 te to ~'"" '~ July 31 onn~ 2004 Inside City ~069 2.193 Limits Commercial per 1,000 gall0ns over 2,00~) OutSide City vv.v.~ ~'~'~. 41 .209 Limits Commercial minimum monthly charge (first 2,000 gallons) Outside City d.! ~O 4.388 Limits Commercial per 1,000 gallons over 2,000 21 "(b) The amount of water used to compute the monthly bills to one family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this sulbsection. (1) Definitions a. Winter Averaging Wastewater Charge Period -- the period of water and wastewater service during the three complete consecutive reading periods commencing on or after December 1 of each year. Using the three complete consecutive reading periods, the City shall establish monthly wastewater service charges for customers based upon their average monthly water consumption. The customer must R32111Al.doc 22 receive wastewater service at one location during the three consecutive reading periods in order to establish a "winter average". b. Winter Average -- The monthly wastewater usage established by the City of Corpus Christi during the "winter averaging wastewater charg~period". This usage is the basis for monthly billings which app~ to service before and including July 31 of each year. Billings which apply to service after July 31 will reflect wastewater usages based on the previous "winter averaging wastewater charge period". c. Interim Average -- The monthly wastewater usage established by the City for individual customers who have not established a *winter average". The "interim average" shall be recalculated each year based on the total "winter average" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be the basis for monthly billings until a "winter average" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service Area -- the geographic region served by the City's wastewater system. (2) Winter Average Criteria a. '~/inter Average" charges shall apply to one-family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. c. The following method will be used to calculate a customer's "winter average". 1. Add the three winter months water consumption to get total water consumption. "2. Divide three month usage amount by 3 to get winter average usage. Such winter average usage shall be limited to a maximum of 25,000 gallons. "d. Using the winter average usage, apply the applicable rates established in subsection (a) of this R32111Al.doc section to calculate the customer's wastewater bill for each month until a new average is established (or rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average", shall be billed al the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service, area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system dulring the winter average charge period, and if the customer can produce proof of repairs, the Director of Finance or the Director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the City Manager shall calculate base revenues from single-family residential wastewater customers. Base revenues shall equal a three-year moving average of actual revenues from single-family residential wastewater customers, with each year's revenue adjusted for all actual rate increases, which were implemented in subsequent years. For this purpose, a year shall run from-June 1 through May 31. "b. The City Manager shall annually, based upon the Winter Average wastewater usage determined during the Winter Averaging Wastewater Charge Period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. R32111Al.doc 23 24 "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended Solids index. If the wastewater characteristics exceed any of these parameters shall PaY an additional abnormal wastewater sumharges as provided in Section 55-148." SECTION 7. The wastewater ra[es established in Section 6 of this ordinance shall take effect and be applied against all Service provided on or after the first day of August. SECTION 8. Section 55-148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: "Sec. 55-148. Fees. "(a) Abnormal wastewater surct~arge. "(6) Computations of each surcharge, as applicable, shall be based on the following: "S = V x 8.34 x X x (COD-562) "S = V x 8.34 x Y x (BOD-250) "S = V x 8.34 x Z x (TSS-250) "S = Surcharge in dollars for the billing period. "¥ = Water consumption in millions of gallons during the billing period. "8.34 = Weight of water in pounds per gallon. "X = Unit charge in dollars per pound for COD as established subdivision (8) of this subsection. "Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. "Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. "COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. R32111Al.doc 25 "BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/l. "TSS = Total suspended solids strength index in parts per million by weight, or mg/l. "250 = Normal BOD and TSS strength in parts per million by weight, or mg/l. "562 = Normal COD strength in parts per million by weight, or mg/I. "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value ^ ...... *August 1,2002 1, 2003 te to ',,~,, ~" July 31 onn~ 2004 X (unit $0.0999 $0.0000 charge in dollars per pound of COD) Y (unit 0.2238 0.2372 charge in dollars per pound of BOD) Z (unit 0.1~09 0.1704 charge in dollars per pound of TSS) SECTION 9. The values used to determine the abnormal wastewater surcharges established in Section 8 of this ordinance shall take effect and be applied against all service provided on or after the first day of August. R32111Al,doc SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full fome and effect for its purpose. SECTION 11. 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 t2. 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 rue that requires consideration of and voting upon ordinances at two regular meetir~gs so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ., 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16TM day of July, 2003: /~cfing ~Ji[y Attorney Samuel L. Neal, Jr. Mayor R32111A1 .doc Corpus Christi, Texas __ day of ,2003 27 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 ~gular 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R32111A1 ,doc ORDINANCE AMENDING THE CODE OF ORDINANCES TO ESTABLISH SECTION 55-7TO ADOPT MONTHLY FIFTY CENT LOCAL EXCHANGE ACCESS LINE SERVICE FEE TO PROVIDE FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE EXPENSES, INCLUDING PERSONNEL, OF 9-1-1 SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; REPEALING ORDINANCE NO. 024971 WHICH ESTABLISHED A MONTHLY FORTY ~ENT FEE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE cITy COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1. The City Code of Ordinances is amended to add Section 55-7 to read as follows: "Sec. 55-7. Local Exchange/~ccess Line 9-1-1 Service Fee "(a) Definitions. The followlng words, terms, and phrases, when used in this ordinance, shall have the melanin.qs ascribed to them in this section, except where the context clearly indicates a different meanin.q: "City means the City (~f Corpus Christi. ederal service user[neans a service user with local exchange access line service dedicated to and paid for by the Federal government 1;~)r official Federal use only. "Local exchange access line or equivalent local exchange access line means any telephone line or ~ervice for which a Federal subscriber line charge i.~ assessed by a local e~<change service provider on the customer's bill or any cellular telephone, communication channel, personal communication system, commemial mobile radio service, cable/broadband services, or any other wire means that connects l~he customer to the public switched telecommunications network and provides ~he customer with ability to reach a public safety answering point by dialing the digits 9-1-1. The term does not include public. telephone equipment oPerated by card reader, commercial mobile radin service that provides eccess to a pa~in~ or other one-way signaling service, n communication channel suitable only for data transmission, a line from a telecommunications service provider to an Intemet service provider for the Intemet service provider's data modem lines used only to provide its Jnternet access service and that are not capable of transmitting voice messages, .3 wireless roaming servlce, or other nonvocal commercial mobile radio service. "9-1-1 service mean~ a telecommunications service throu,qh which the user of a public telephone system has the ability to reach the City's public safety answering point by d~al n,q the digits 9-1-1. "9-1-1 service system means a system of processin,q emer,qency 9-1-1 calls. "Public safety answering point means the City communications facility that: (1) Is operate~l continuously; (2) Is assi.qnell the responsibility to receive 9-1-1 calls and, as al~propriate, tO dispatch emergency response services directly or to transfer or relay emergency 9-1-1 calls to other pub c safety agencies; (3) Is the first,point of reception by a public safety agency of a 9-1-1 call; and (4) Serves the City. "Service supplier m(~ans an ent ty providing local exchange access lines to a Service User in the City. "Service user means a person or business entity that is provided local exchange access lirles in the City. "(b) 9-'1-'1 Emergency Service fee. "Each Service supplier in the City shall collect a 9-1-1 emergency service fee of fifty cents ($0.50) per month for each residential local exchange access line and each business local exchange aC;cess line. The 9-1-1 emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the City's public safety anSwering point. "(c) Restrictions and limitations on 9-1-'1 emer.qency service fee. "The 9-1-1 emergency seryice fee imposed by this ordinance is subiect to the following restrictions and lir~itations: "(1) The 9-1-1 emerRer~cy service fee may only be imposed upon service users' local exchan,qe access;lines and equivalent local exchange access lines. "(2) The 9-1-1 emer,qer~cy service fee may not be imposed upon any coin- operated or coin/card reader operated telephone equipment. "(3)(a) Each billed service user is liable for the 9-1-1 emer.qency service fee imposed by this ordinat3ce until the fee is paid to the service supplier. H:\LEG-DIR\Lisa\ORD3\July 22 9-1-1 fee.doc "(b) The fee must be a~lded to and stated separately in the service user's bill from the service supplier. "(c) The service supplier shall collect the fee at the same time as the service charge to the service User in accordance with the re.qular billing practice of the service supplier. (d) A ~ P " business servic user that rovides residential facilities and owns or leases a publicly or pr~ately owned telephone switch used to provide telephone service to f~cility residents shall collect the 9-1-1 emergency service fee and transn~it the fees monthly to the City. "(4) No service supplier is~ obli.qed or authorized to take an,/I.e.qal action to enforce the collection of ~ny billed 9-1-1 emergency service tee. "(5) No service supplier ~ay disconnect any service user's telephone service for failure to pay the 9-1-1 erper,qency service fee. "(6) Each service supplie~' shall assess a 9-1-1 emergency service fee to each service user on a monthly basis and shall remit the collected 9-1-1 emergency service fee to the City noilater than thirty (30) days after the close of the month in which the 9-1-1 emerqen~cy service fees were assessed. "(7) Each service supplier shall complete a remittance report in the form provided by the City. The remittaqce report must accompany the remitted 9-1-1 emergency service fees. "(8) Each service suppli~ may retain from its remittance to the City no more than two (2) percent of the collected 9-1-1 emergency service fees as its compensation for perforrp n.q ts obligations under this ordinance. "(9) Each service supplier shall provide the City with an annual list that includes the amount of all delinqu~ent fees and the name and address of each nonpayin.q service user. "(10) Each service supplier shall retain records of the amount of 9-1-1 emergency service fees collected for a period not to exceed two (2) years from the date of collection. "(11) The City may audit the records of collected 9-1-1 emer,qency service fees from any service supplie~r. The City will pay for its auditor's costs. "(12) All Federal service users located in the City are exempt from the 9-1-1 emergency service fee." H:\LEG*DIR\Lisa\ORD3\July 22 9-1-1 fee.doc SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication sh~ll be made in the official publication of the City of Corpus Christi as required by the Cit~ Charter of the City of Corpus Christi. SECTION 4. Ordinance NO. 024971 which established a monthly forty cent local exchange access line servicei fee is repealed in its entirety. SECTION 5. This Ordinance takes effect August 1, 2003. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1)i finds and declares an emergency due to the need for tamed ate act on necessary ~for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,200~3. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: Samuel L. Neal, Jr. Mayor H:\LEG.DIR\Shared\VERONICA\Lisa\Ordl~July 22 9-1-1 fee.doc Corpus Christi, Texas Day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in th~emergency clause of the foregoing ordinance an emergency exists requiring su~spension 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 Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff H:\LEG-DIR\Shared\VERONICA~isa~Ordl~July 22 9-1-1 fee.doc ORDINANCE AMENDING THE CODE OF ORDINANCES TO INCREASE AND ESTABLISH HEALTH DEPARTMENT FEES AS FOLLOWS: FOOD HANDLER AND FOOD MANAGER'S PERMIT FROM $6.00 TO $7.00; DAY CARE FACILITY iNSPECTION FROM $35 TO $60; SEXUALLY TRANSMITTED DISEASE CLINIC VISIT FROM $5.00 TO $15.00; SEXUALLY TRA.NSMITTTED DISEASE CLINIC BLOOD TEST FROM $$.00 TO $10.00, FOOD SERVICE PERMIT REINSPECTION FEE OF $60.00, FOSTER FAMIEY HOME INSPECTION FEE OF $50.00, BIRTH CERTIFICATE COVER!S1.00 FEE; $50 FEE FOR LETTER OF VERIFICATION FOR COSMETOLOGY LICENSE APPLICANTS; AMENDING SECTION 23-19 REGARDING FEES FOR WATER SAMPLE LAB TESTS;PROVIDING EFFECTIVE DATE OF AUGUST 1, 2003, PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 19-49 of l~he Code of Ordinances is amended to read as follows: "Sec. 19-49. Certification. "(a) Certification: All employees of food service, temporary food service, food processing establishments or mobile food units must obtain food handling certification before beginning to work. A minimum of two (2) hours of food sanitation training for each employee is required every three (3) years to ensure employee performance ef their duties in accordance with food service sanitation ordinances, rules and regulations. This training shall be an approved health department course. A fee of.~,..~';" .-..,.~,~'~"~"'" ~.~--..,v,nn~ seven dollars ($7.00) will be charged for each food handler permit issued by the health department. A food handler's permit shall be valid for a period of three (3) years from date of issuance, unless said permit is sooner revoked by the city health officer. "(b) Revocation: If inadequate hygienic performances are demonstrated by the employee and such unsatisfactory performances are a result of material violations of food service sanitation ordinances, rules or regulations, the city health officer may revoke the food handler's permit. "(c) Food handler certification: Training may be conducted by the permitted food manager of the establishment maintaining an inspection rating of eighty (80) or above on approval by the health department. "(d) Posting: Each food handler permit shall be at all times kept posted, filed or otherwise readily available for viewing by a health officer." Page 2 of 7 SECTION 2. Section 19-54 of the City Code of Ordinances is amended to read as follows: "Sec. 19-54. Issuance. "(a) A food manager's permit shall be issued to any person who has a valid food manager's certificate issu~ed by any state, municipality, agency or school of instruction whose progrartn of certification has been approved by a health officer. The certificate shall provide evidence that the applicant attended and satisfactorily completed ai course of instruction. Such course shall include, as a minimum, not less than fifteen (15) hours of training, the contents of which cover minimum essential knowledge of safe food handling practices, the biological basis of foodborne infection and transmission, the safe preparation, handling and storage of food by all employees found in food service operations. The permit shall be of a form designed by the health department and shall remain the property of the health department to be returned to the health department if revoked. A graduate of an institution of higher education who has completed all requirements for an associate or higher degree in hotel and restaurant management may be issued a permit without taking the food manager's course upon providing satisfactory proof of graduation from an approved school. A dietitian currently registered by the A.D.A. and licensed by the Texas State Board of Examiners of Dietitians may be issued a permit without taking the food manager's course upon providing satisfactory proof of current licensure and registration. "(b) A fee of ~,i,x-~ seven dollars ($7.00) will be charged for each food manager's permit issued by the health department." SECTION 3. Section 19-39 of the City Code of Ordinances is amended to read as follows:. "Sec. 19-39. Inspection procedures for establishments with scores which exceed thirty demerits on regular inspections. "The following is the procedure to be followed by the city health officer regarding food establishments with scores which exceed thirty (30) demerits earned on any regular inspection during a twelve (12) month period. "(a) Regular inspection scoring in excess of thirty (30) demerits: "(1) Any inspector who conducts an inspection which results in a score which exceeds thirty (30) demerits will be in charge of the disposition of that inspection. H:\LEG-DIR\Lisa\ORD3\July 22-health fees.doc Page 3 of 7 "(2) The establishment will have a follow-up inspection within forty-eight (48) hours. All four (4) and five (5) point items must be corrected at that time. A score will not be given for a follow-up inspection. The establishment must pay a fifty dollar ($50.00) follow-up inspection fee. "(3) Failure to comply Will result in a meeting of the director of environmental health, the inspector, the certified manager and/or the owner. This meeting may result in the revocation of the food manager's, food handler's, and health permits. "(4) A second follow-up inspection will be made within ten (10) days. If all deficiencies have not been corrected, a meeting shall be scheduled with the food services advisory committee. The attendance of the certified manager and/or owner at such a meeting shall be mandatory. The establishment must pay a fifty dollar ($50.00) follow-up inspection fee. "(5) Following the meeting with the food service advisory committee, a third follow-up inspection will be made within ten (10) days of such meeting. The establishment must PeW a fifty dollar ($50.00) follow-up inspection fee. A failure of this inspection may result in the suspension or revocation of all permits issued by the city/county health department. "(6) At the discretion of the director of public health, the certified manager, and/or owner may be required to meet with the food service advisory committee. "(b) Second regular inspection scoring in excess of thirty (30) demerits: "(1) If a second regular inspection of the establishment results in scores which exceed thirty (30) demerits during a twelve-month period, a meeting consisting of the director of environmental health, the inspector, the certified manager and/or owner of the establishment will be called. This meeting may result in the revocation of the food managers' and food handlers' permits. "(2) The establishment will be re-inspected within forty-eight (48) hours. The establishment must pay a fifty dollar ($50.00) re-inspection fee. All four (4) and five (5) point items must be corrected. No rating will be given for a follow- up inspection. "(3) Failure to comply on a follow-up inspection will result in a meeting before the food service advisory committee. "(c) Third regular inspection scoring in excess of thirty (30) demerits: "(1)A third regular inspection that results in a score in excess of thirty (30) demerits constitutes a health threat and will subject the establishment to H:\LEG-D1R~Lisa\ORD3\July 22-health fees.doc Page 4 of 7 suspension of its health permit for twenty-four (24) to seventy-two (72) hours by the city health officer. The food manager's permit may be suspended also. "(d) Procedures for re-opening: The establishment may reopen on approval by the city health officer after;a written statement from the establishment has been received stating that all of ~he four (4) and five (5) point items have been corrected, and such corrections have been verified by the health officer." SECTION 4. Section 23-18 of the Code of Ordinances is amended to read as follows: "Sec. 23-18. Schedule of fees for clinical health services and policies related to the imposition and colle{tion of such fees. "(a) Un ess otherwise proy ded her-em in this section, a fee will be charged to each patient for each visil~ to any city-county health clinic facility funded n whole ,-;*,, ' The fees ...... must be based upon federal poverty or in part by the ,,,., C~ty. income guidelines and shlall must be in the following amounts: Schedule ef Fees for Clinical Health Services Poverty Income (percent) Family Size ChargeNisit Maximum Charge/Family 0--99 1--8 $ 0.00 $ 0.00 100--199 1-8 5.00 10.00 200--299 1--8 10.00 30.00 300 + 1-8 30.00 No maximum "(b) The fee for visit to the Sexually Transmitted Disease Clinic for an exam, lab work, or treatment is $15.00. The fee for blood test at the Sexually Transmitted Disease Clinic is 1~. (-b) "(c) No recipient or client eligible for Medicaid shall be charged a fee in addition to the amount reimbursable by Medicaid. (c) "d~ No recipient or client eligible for Title XX family planning services shall be charged a fee. (The maximum income limit for Title XX family planning services is one hundred fifty (150) percent of the federal poverty income level.) (d) "(e) Each city-county health clinic will determine if a person is able to pay in accordance with the appropriate schedule; however, the clinic will not deny services because of a person's inability to pay. H:\LEG-DIRXLisa\ORD3\July 22.health fees.doc Page 5 of 7 (e) "(fl Patients or clients whose incomes are above the two hundred (200) pement plus poverty level will be referred to the private sector for care unless extenuating circumstances exist. Such circumstances include provision of immunization services, prevention and control of communicable diseases, unusually high medical expense or the unavailability of specific are needed. Such exceptions may receive care at the city-county health clinic in accordance with the schedule of fees. (4) "Lq). A city-county health clinic may not charge a fee which exceeds the cost to the clinic of providing service or if prohibited by federal funding requirements. (-g) "h(_~ The city-county healt~h clinic shall make a reasonable effort to collect the fees, but the clinic may waive collection if the administrative cost of collection will exceed the fee to be collected. (h) "(i) The city-county health department may modify, suspend, or terminate services to a person, determined able to pay, for nonpayment of fees after notice to the person and opportunity for hearing. The criteria upon which the city-county health department will take such action is when the person fraudulently or deliberately misrepresents a material fact about his or her eligibility, ability to pay, or the application of the schedule of fees to him/her. The city-county health department will conduct such a hearing in accordance with the formal hearing procedures specified in sections 1.21--1.34 of title 25, Texas Administrative Code." SECTION 5. Section 23-19 of the Code of Ordinances is amended to read as follows: "Sec. 23-19. Fee for laboratory testing of water samples. "The director of public health is authorized to establish a schedule of fees to be charged for laboratory testing of water samples. This schedule must be submitted to the City Mana.qer for appro~/al, and must be reviewed on an annual basis. The fees may not be increased annqally by more than twenty-five (25) per cent. New fees may not be created without City Council's approval by motion or resolution. The approved schedule must be filed with the City Secretary and copies must be provided to the City Council." SECTION 6. Section 23-22 of the Code of Ordinances is amended to read as follows: "Sec. 23-22. Schedule of fees for ar=..".','=! inspection of day care centers~ and group day care homes, and foster family homes. "(a) Definitions. In this section: "(1) The term 'day care' means the care, supervision, and guidance of a child or children under fourteen (14) years of age unaccompanied by a parent, guardian or custodian on a regular basis, for a period of less than twenty-four (24) hours per day and in a place other than the child's own home. H:\LEG-DIRLLisa\ORD3\July 22-health fees.doc Page 6 of 7 "(2) The term 'day care center' means any facility, whether or not known or incorporated under descriptive titles or names such as 'nursery school,' 'kindergarten,' 'play school,' 'child development center,' or 'early childhood center,' which provides day care for thirteen (13) or more children under fourteen (14) years old. "(3) The term 'group d~ay care home' means any facility which provides day care for seven (7) to tWelve (12) children under fourteen (14) years old. "(4) The term 'foster f~mily home' means "a private home of a family that has been trained and apptlopriately licensed or verified to provide foster care for as many as six childr~n at a time, includin,q the family's own children. "(b) Inspection fee. An in~spection fee of thi, ,~' .five dc!!cm ($35.00) fifty dollars ($50.00) =he!! must be c~arged for inspections of day care centers~.er group day care homes, or foster far~ily homes performed by the City-County health department which are required by the Texas Department of Protective and Regulatory Services for 3nnu=! licensing of these facilities." SECTION 7. Article I of Chapter 23 of the Code of Ordinances is amended by adding new section 23-23 to read as follows: "Sec. 23-23. Cosmetolo.qyilicense applicant fee. "The fee for the Health Department to provide a cosmetolo.qy license applicant with verification that the applicant is free of communicable disease is fifty dollars ($50.00)." SECTION 8. Article II of Chapter 23 of the Code of Ordinances is amended by adding new section 23-42 to read as follows: "Sec. 23-42. Fees for plastic covers for birth certificates. "The fee for plastic cover fol' birth certificate is $1.00 for either the wallet size or letter size cover." SECTION 9. The effective date of this Ordinance is August 1,2003. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this Ordinance be given full force and effect for its purpose. H:\LEG-DIR~Lisa\ORD3\July 22-health fees.doc Page 7 of 8 SECTION '11. 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 '12. 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 , 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: R.-Ja~f~gi~' g J Acting City Attorney Samuel L. Neal, Jr. Mayor H:\LEG.DIR\Shared\VERONICA\Lisa\Ordl~luly 22-health fees.doc Page 8 of 8 Corpus Christi, Texas Day of ,2003 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 andl 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\Shared\VERONICA\Lisa\Ordl~July 22-health fees.doc RESOLUTION AUTHORIZING FEES FOR LABORATORY TESTING OF WATER SAMPLES FOR FISCAL YEAR 2003-2004; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE QATE; AND PROVIDING FOR SEVERANCE. BE IT RESOLVED BY THE CI~I'Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Councili approves the adjusted fees for laboratory testing of water samples, as shown in Exhibit A attached, for Fiscal Year 2003-04. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. This resolution becomes effective August 1, 2003. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of July, 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 1.0th, 2003. Lisa Aguilar~~-~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Analysis of sea water (seafood Safety) Analysis of recreational beach Water Analysis of drinking water EXHIBIT A Laboratory Fees FY 2002-03 $15.00 $10.00 $10.00 FY2003-04 $20.00 $13.00 $12.00 AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, SECTION 53-257 PARKING METER ZONES: ESTABLISHED, BY AMENDING CERTAIN PARKING METER ZONE RATES; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT O~DAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 53 Traffic, Section 53- 257. Schedule VIII, Parking meter zone; established, is hereby amended as follows: Sec. 53-257. Schedule VIII, Parking meter zone: established. (a) Meter Zone No. 1 is established as a ten-hour meter zone in which parking shall be limited to a minimum of one hour and a maximum often (10) hours upon the payment of the amounts Exhihit A '~r .......... '~ ..... listed on the table labeled "Meter Zone no. 1" on the attached · · n .... ;, ^r ....... .-~ ~:- ch~ {~ "-~1 c .... {A~ ~' ..... between the hours of 8:00 a.m. and 6:00 p.m., on any day, except Saturdays, Sundays and holidays officially set by the city council, upon the following streets: (1) (2) (3) (4) (5) (6) (7) (8) Street. (9) (10) (11) (12) 03) Street. (14) (15) Antelope Street--(both sides)--Carrizo Street to Tancahua Street. Buffalo Street--(both sides)--Carrizo Street to Tancahua Street. Lipan Street--(both sides)--Carancahua Street to Tancahua Street. Lipan Street--(south side only)--Carancahua Street to Upper Broadway. Middle Broadway--(both sides)--Antelope Street to Buffalo Street. Carancahua Street--(both sides)--Lipan Street to Mestina Street. Carancahua Street--(both sides)--Buffalo Street to Winnebago Street. Tancahua Street--(both sides) south one-half of block, Lipan Street to Leopard Upper Broadway--(both sides)--Lipan Street to Blucher Street. Comanche Street--(north side)--Tancahua Street to Carancahua Street. Carancahua Street--(east side only)--Blucher Street to Lipan Street. Carancahua Street--(west side only)--Comanche Street to Lipan Street. Blucher Street--(north side only)--Upper North Broadway to Carancahua Upper Broadway--(east side only)--Antelope Street to Winnebago Street. Buffalo Street--(both sides)--Upper Broadway to Carancahua Street. (b) Meter Zone No.2 is established as a ten-hour meter zone in which parking shall be limited to a minimum one hour and a maximum often (10) hours upon the payment of amounts listed on the table labeled "Meter Zoae No. 2" on the attached Exhibit A, *]l~gsi~qt+m~ ~^;~. ~; .... ; .....~ .;~.~ ~;_~ c~.. ,^-~ m~ ~. ..... b theh f800 and 6:00 ...... , ........................... .~ .......~.v~ ...... , etween ourso : a.m. p.m. on any day, except Saturdays, Sundays and holidays officially set by the city council, upon the following streets: (1) Lawrence Street--(both sides)-Water Street to Shoreline Boulevard. (2) Peoples Street--(nOrth side only)-Water Street to Shoreline Boulevard. (3) Chaparral Street-*(east side only--south one-half of block)--Coopers Alley to John Sartain Street. (4) Water Street--(bo~a sides)--Taylor Street to Twigg Street. (5) William Street--(south side only)--Mesquite Street to Lower Broadway. (6) William Street~-Cooth sides)--Water Street to Shoreline Boulevard. (7) Mesquite Street--~ooth sides)--Starr Street to Twigg Street. (8), (9) Reserved. (10) Taylor Street--(both sides)--Lower Broadway to Water Street, except that portion described in subsection (d), Meter Zone No. 4 (item 13). (11) Twigg Street--(both sides)--Lower Broadway to Mesquite Street. (12) Twigg Street--(both sides)--Mesquite Street to Water Street. (13) Antetope Street--Cooth sides)--Artesian Street to Carrizo Street. (14) Reserved. (15) Starr Street--(both sides)--Water Street to Shoreline Boulevard. (16) Carancahua Strect--(both sides)--Coopers Alley to Blucher Street. (17) Carrizo Street--Cooth sides)--from the cul-de-sac north of Buffalo Street to Leopard Street. (18) Reserved. (19) Upper Broadway--(both sides)--Blucher Street to Mesquite Street. (20) Municipal Parking Lot No. 1--(bounded by U.S. 181 Exit Ramp, Mesquite Street and Interstate 37 eastbound)--All parking spaces within the parking lot. (21) Mesquite Street--{west side)--Interstate 37 to Twigg Street. (22) Chaparral Street-(east side)--Twigg Street to Interstate (23) Lower Broadway.-(both sides)--William Street to Twigg Street, except portions described in subsection (d), Meter Zone No. 4 (Items 13 and 14). (24) Shoreline Boulevard--(west side only)--Peoples Street to Schatzel Street. (25) Peoples Street--(south side only)--Lower Broadway to Mesquite Street. (c) Meter Zone No. 3 is established as a maximum two-hour meter zone in which parking shall be limited to twelve (12) minutes upon deposit of 10 centsq~g~mqt,~m4n, one hour upon deposit of 40 cents fi or-qumtor-eoins, and two (2) hours upon the deposit of 75 cents~ o,.,~;.,~.;^- ~cc. ...... * ~^;~ ~; .... ~ ...."* ....;~ been th h urs of 8:00 a.m and ................................ ~ -' ........ 'l ............ , etw e 0 . 6:00 p.m. any day except Saturdays, Sundays and holidays officially set by the city council upon the following streets: (1) Antelope Street--(both sides)--Upper Broadway to Tancahua Street. (2) Buffalo Street--(both sides)--Caranchua Street to Tancahua Street. (3) Leopard Street--Cooth sides)--Upper Broadway to Staples Street. (4) Mestina Street--(both sides)--Upper Broadway to Carancahua Street. 2 (5) Carancahua Street--(both sides)--Lipan Street to Buffalo Street, except for portions described in subsection (a) Meter Zone No. 1 (Items 6 and 7), and except for that portion described in subsection (g) Meter Zone No. 7 (Item 1). (6) Tancahua Street-~(both sides)--Leopard Street to Buffalo Street· (7) Tancahua Street-.(both sides)--the 600 Block· (8) Upper Broadway~-(both sides)--Lipan Street to Antelope Street. (9) Winnebago Street.-(both sides)--North Carancahua Street to Upper North Broadway· (10) Lipan Street--(north side only)--North Carancahua Street to Upper Broadway. (11) Tancahua Street-.(east half of right-of-way)--Parking lot between Buffalo Street and I.H. 37. (12) Upper Broadway.-(west side only)--Antelope Street to Winnebago Street. (d) Meter Zone No. 4 is established as a maximum two-hour meter zone in which parking shall be limited to thirty (30) minutes upon deposit of 10 cents znz ,qve .~cnt czin, one hour · (2) h dep cents c ........ upon deposit of 25 -~ ~: .... v. '-"~,.,v ~"~ ~,,vc'"~ v .......... and two ours upon osit fi~-eenCi~aas, between the hours of 8:00 a.m. and 6:00 p.m. on any day except Saturdays, Sundays and holidays officially set by the city council, upon the following streets: (1) Chaparral Street--(both sides)--Coopers Alley to John Sartain Street, except that portion described in subsection (b), Meter Zone No. 2, item (3). (2) Reserved. (3) John Sartain Street--(both sides)Mesquite Street to Shoreline Boulevard. (4) Lawrence Street--(both sides)--Lower Broadway to Mesquite Street. (5) Reserved. (6) Mesquite Street--(east side only)--Cooper's Alley to John Sartain Street. (7) People's Street--(north side only)--Lower Broadway to Mesquite Street. (8) Schatzel Street--(south side only)--Lower Broadway to Mesquite Street. {9) Schatzel Street--(both sides)--Water Street to Shoreline Boulevard (including north side of median island). (10) Start Street--(both sides)--Lower Broadway to Water Street. (11) Water Street--(both sides)--Coopers Alley to Taylor Street. (12) William Street--(both sides)--Lower Broadway to Chaparral Street, except that portion described in subsection (b), Meter Zone No. 2, item (5). (13) Lower Broadway--(east side only)--Taylor Street to Twigg Street. (14) Lower Broadway--(east side only)--Peoples Street to Start Street. (15) Artesian Street--(both sides)--south one-half of block, Leopard Street to Antelope Street. (16) Reserved. (17) Taylor Street--(north side only)--east one-half of block, Chaparral Street to Mesquite Street. (18) Alameda Street--(west side only)--south one-half of block, Ayers Street to McKenzie Street. (19) Staples Street--(east side only)--Ayers Street to Booty Street. (20) Mann Street--(both sides)--Chaparral Street to Mesquite Street. (21) Mesquite Street--(east side)--Interstate 37 to Twigg Street. 3 (22) Chaparral Street--(west side)--Twigg Street to Interstate37. (23) Coopers Alley--(both sides)--Water Street to Shoreline Boulevard. (e) Meter Zone No. 5 is established as a maximum one-hour meter zone in which parking shall be limited to 12 "~- "cx minutes upon deposit of 10 cents ~, 24 th:'-"' t~m . ~, ............... , and one h ...... our ,,,j ~.~,~, minutes upon deposit of 15 cents cnc d:,mc ^- '-"^/~'x c, ...... , ..... upon deposit of 35 cents P:/e t9x a; ..... c .... ta~ ~ ...... , ~; ....... ~;~,;~ ~ca:_~ ~c.nz~: ....... ~ ~-'~ ~-'~ .......... ~:-~, be~eefl the hours of 8'.00 a.m. ~d 6:00 p.m. on ~y day except Sa~days, S~days ~d holidays Officially set by the city council, upon ~e following s~eets: (1) R esemed. (2) Chaparral Street-~(e~t side only)--no~ one-half of block ~om Coopers Alley to Lag~a SWeet. (3) Peoples Street--(sOuth side only)--Lower Broadway to Mesquite Street. (f) Meter Zone No. 6 is establishOd as a maximum thirty-minute meter zone in which parking shall be limited to fifteen (15) miButes upon the deposit of one five-cent coin and thirty (30) minutes upon the deposit of two {2) five-cent coins or one dime, between the hours of 8:00 a.m. and 6:00 p.m. on any day, except on Saturdays, Sundays and on holidays officially set by the city council, upon the following streets: (1) Reserved. (g) Meter Zone No. 7 is established as a maximum one-hour meter zone in which parking shall be limited to twelve (12) minutes upon deposit of 10 cents ,vnc 5ye cent coin; twenty- (24) dep ' ' ~' ~:~' - four minutes upon osit of 15 cents c, nc ................. ~/ .... one h p depos f40 s ....-i .......2. ...... ' ~':-~':~ of our u on It o cent ~, ............... , five cent coins ~n~ ~:,mc ee~ns between the hours of 8:00 a.m. and 6:00 p.m., any day except Saturdays, Sundays and holidays officially set by the city council upon the following streets: (1) Carancahua Street--(east side)--Leopard Street to Antelope Street. (h) Meter Zone No. 8 is established as a maximum four-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of two (2) quarters ($0.50) for each hour up to eight (8) quarters for four (4) hours, between the hours of 8:00 a.m. and 6:00 p.m. every day of the week upon the following streets: (1) North Shoreline Boulevard--Pearl Avenue to Coastal Avenue. (2) Breakwater Avenae--North Shoreline Boulevard to East Surfside Avenue. (3) Bridgeport Avenue-North Shoreline Boulevard to East Surfside Avenue. (4) Coastal Avenue--North Shoreline Boulevard to East Surfside Avenue. (i) Meter Zone No. 9 is established as a maximum eight-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the deposit of one (1) quarter for each hour up to eight (8) quarter for eight (8) hours, between the hours of 8:00 a.m. and 6:00 p.m. every day of the week upon the following streets: (1) BreakwaterAvenue--East Surfside Avenue to West Surfside Avenue. (2) West Surfside Avenue--Breakrwater Avenue to Elm Avenue. (3) U.S. Highway 18I East Access Road--Breakwater Avenue to Coastal Avenue. 4 O) Meter Zone No. 10 is established as a maximum four-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of one (1) quarter for each hour up to four (4) quarters for four (4) hours, between the hours of 8:00 a.m. and 6:00 p.m. every day of the week upon the following streets: (1) East Surfside Boulevard--Pearl Street to Elm Street. (k) Meter Zone No. 11, is established as a maximurn ten-hour meter zone in which parking shall be limited to a minimum ol~one (1) hour and a maximum often (10) hours upon the deposit of one (1) nickel coin fo~ each hour, and ten (10) nickel coins or combination of quarter coins, dime coins, and nickel counts for ten (10) hours, between the hours of 8:00 a.m. and 6:00 p.m. on any day, except Saturdays, Sundays, and holidays officially set by the city council, upon the following streets: (1) Mesquite Street--(both sides)--John Sartain Street to William Street. (2) Mesquite Street--(west side only)--Upper North Broadway to John Sartain Street. (1) Meter Zone No. 12 is established as a maximum ten-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum often (10) hours upon the deposit of one (1) quarter coin o~' combinations of nickel and dime coins for each hour, between the hours of 8:00 a.m. and 6:00 p.m. on any day except Saturday, Sunday, or holiday officially set by the city council, upon the following streets: (1) Water Street--(both sides)--Belden Street to Power Street. (2) Belden Street--(south side only)--Chaparral Street to Water Street. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section and part hereof be given full force and effect for its purpose. SECTION 3. A violation of tl:ds ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City of Corpus Christi Code of Ordinances. SECTION 4. 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 5. 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 nde that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This /~' day of~, 2003: Assistant City Attorney for the City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of _, 2003 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 Exhibit A current proposed rate rate increase Meter Zone No. 1: Parking Meter Collections rate for 1 hou~ $ 0.25 $ 0.40 $ rate for 2 hours $ 0.50 $ 0.75 $ rate for3hours $ 0.75 $ 1.15 $ rate for 4 hours $ 1,00 $ 1.50 $ rate for5houts $ 1.25 $ 1.90 $ rate for 6 hours $ 1.50 $ 2.25 $ rate for 10 hoi)rs ($0.25 total for hours 7 - 10) $ 1.75 rate for 10 hol~rs ($0.40 total for hours 7 - 10) $ 2.65 $ 0.15 0.25 0.40 0.50 0.65 0.75 0.90 Meter Zone No, 2: Parking Meter Collections rate for 1 hour $ 0.10 $ 0.25 $ 0.15 rate for 2 hours $ 0.20 $ 0.45 $ 0.25 rate for 3 hours $ 0.30 $ 0.70 $ 0.40 rate for 4 hours $ 0,40 $ 0.90 $ 0.50 rate for 5 hours $ 0.50 $ 1.15 $ 0.65 rate for 6 hours $ 0.60 $ 1.35 $ 0.75 rate for 7 hours $ 0.70 $ 1.60 $ 0.90 rate for 8 hours $ 0.80 $ 1.80 $ 1.00 rate for 9 hours $ 0.90 $ 2.05 $ 1.15 rate for 10 hours $ 1.00 $ 2.25 $ 1.25 AN ORDINANCE AMENDING SECTION 9,35.1 CODE OF ORDINANCES, TO INCREASE LONG-TERM (HOURLY) PARKING RATES AND ADDING COVERED PARKING RATES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; PROVIDING FOR REPEAL .OF CONFLICTING ORDINANCES; PROVIDING FOR PENALTIES, PROyIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE cl'rY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. Section 9-35.1 of the Code of Ordinances is revised to read as follows: "Section 9-35.1 Parking Rates. "Parking rates at Corpus Christi International Airport are established as follows: "(1) Long-Term (Daily) parking rates: "For the first hour "For each additional hour thereafter $1.oo $1.oo "Maximum with parking ticket for each twenty-four (24) hours $7.00 "Without/lost ticket per day or a portion thereof $7.00 "(2) Short-Term (Hourly) parking rates: "For the first half-hour $1.00 "For each additional half-hour thereafter $1.00 "Maximum with parking ticket for each twenty-four (24) hours $10.00 "Without/lost ticket per day or a portion thereof $10.00 "(3} Covered parking rates: "For the first hour $1.50 "For each additional hour thereafter $1.50 "Maximum with park n.q ticket for each twenty-four (24} hours $8.50 "Without/lost ticket ~er day or a portion thereof $8.50" SECTION 2. That other ordinances, or parts of ordinances, are in conflict with this ordinance, they are repealed to the extent of any conflict. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable ias provided in Section 1-6 of the City Code of Ordinances. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinande shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1,2003. SECTION 6. 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. SECTION 7. 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 ., 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~-'~ ~¢(¢fshn P. Burke, Jr. sistant City Attorney For The City Attorney Samuel L. Neal, Jr. Mayor ,2003. Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency exists requiring sus voting upon ordinances at two I suspend said Charter rule and or at the present meeting of the emergency clause of the foregoing ordinance an ~ension of the Charter rule as to consideration and egular meetings: I/we, therefore, request that you )ass this ordinance finally on the date it is introduced, City Council. Respectfully, Respectfully, Council Members Samuel L. Neal, Jr., Mayor The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~ohn\ORD~NANCE~Airport Amendi. Ord Re Parking Fees.doc3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE TO INCREASE THE SOLID WASTE SYSTEM SERVICE CHARGES; PROVIDING FOR PENALTIES, PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE crl¥ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 21-47 of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: "Section 21-47 (b)(1). Municipal Solid Waste System Service Charge. "(1) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, the municipal solid waste system service charge is ,.i ..... ,~,,, ..... ,~ ~,,,-m ,, ...... ,~ z¢~ ! ~.2)fourteen dollars and eighty-five cents ($14.85) per ton of waste. "(2) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, the municipal solid waste system service charge is fort',/c!x....,,,~"~'"*~ ~---,-~--zzen A~ sixty cents ($0.60) per cubic yard of capacity each time the customer's dumpster is serviced. "(3) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with oi,,~",11 ..... ~'1 ~r~, ~ ...... ~-e- /{~ ,4'~a' ................... , .......... ~,, .... M.qht dollars and thirty-five cents ($8.35) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is fi',~eP~,J~)six dollars anc~ fifty cents ($6.50) per ton of waste. "(4) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with e,i~eemc~~)twenty one cents ($0.21) for the portions of t~he charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is *~':'*,.... ,~ ..... ~,,..,~*~ ($0.30)thirty-nine ceqts ($0.39) per cubic yard of capacity each time the customer's dumpster is serviced. "(5) For customers within the city, who are billed by the permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the tipping rate published in section 21-41(e)(2)a., the municipal solid waste system service charge will be credited with *~'- '~"" ..... '~ ~' .... ~-' five '"'"*~/e~n ,~* · ............... , ...... , ...... , ...... ,.h~rteen dollars and thirty- three cents ($13.33) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is "'~"" .... '~ ................. , ..... ,one dollar and fifty two cents ($1.52) per ton of waste. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. "(6) For customers within the pity, who are billed by the permitted solid waste hauler for hire by the volume of the durnpster and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in section 21-41(e)(2)a., the municipal solid waste system service charge will be credited with ~ ($OA~fifty-four cents ($0.54) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is five "~-'-*o, ..... ,s~x cents ($0.06) per cubic yard of capacity each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time ~he hauler disposes; of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site Operated by the department. "(7) For can account customers within the city, the municipal solid waste system service charge is thrcc dc!!~rs ($3.OO)three dollars and ninety cents ($3.90) per collection by the permitted solid waste hauler for hire (which includes the city street use fee). "(8) For residential customers serviced by the department, the municipal solid waste ~s c ................. ~ ............ ~ ..... ~one dollar and ei.qhty- system service charge ' "" '~"" .... '~ ~"'*" *~' ...... ,~ t¢~ A~ six cents ($1.86) per month (which includes the city street use fee)." SECTION 2. A violation of any of the provisions of this ordinance constitutes an offense, punishable as provided in Section 21-3 of the Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance is effective on August 1, 2003. SECTION $. Notice of this ordinance shall be published in the official publication of the City of Corpus Christi as required by the City Charger of the City of Corpus Christi. SECTION 6. 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 , ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED: ~'~ ~ P. Burke, Jr. A~istant City Attorney ~.-For The City Attorney ,2003. Corpus Christi, Texas day of ,2003 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 upbn 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, Council Members Samuel L. Neal, Jr., Mayor The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE TO INCREASE, IN CERTAIN INSTANCES, THE SOLID WASTE HAULER ANNUAL PERMIT FEE; PROVIDING FOR PENALTIES, PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY;COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 21-85 of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: "Section 21-85 Fees for Solid Waste Hauler Permits. "(a) The annual fee for a solid waste hauler for hire permit, for a solid waste hauler for hire, is one hundred dollars ($100.00), payable to the City at the time of issuance of solid waste hauler for hire permit. "(b) The annual fee for a solid waste self hauler permit, for a solid waste self hauler is fifty dollars ($50.00), payable to the City at the time of issuance of solid waste hauler permit. The fee for a solid waste hauler for hire that transports, collects, or disposes solid waste within the City,without a valid permit is two hundred dollars ($200.00), payable to the City at the time of issuance of solid waste hauler for hire permit. The fee for a solid waste self hauler that transports, collects, or disposes solid waste within the City withqut a valid permit is one hundred dollars ($100.00), payable to the City at the time of issuance of hauler permit." SECTION 2. A violation of any of the provisions of this ordinance constitutes an offense, punishable as provided in Section 2%3 of the Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance is effective on August 1, 2003. SECTION 5. Notice of this ordinance shall be published in the official publication of the City of Corpus Christi as required by the City Charger of the City of Corpus Christi. SECTION 6. 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 ., 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: P Burke, Jr · ,.J..r. $tant City Attorney For The City Attorney Samuel L. Neal, Jr. Mayor ,2003. Corpus Christi, Texas day of ,2003 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 sus@ension 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, Council Members Samuel L. Neal, Jr., Mayor The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE AMENDING THE CODE OF ORDINANCES, CloThe. OF CORPUS CHRISTI, CHAPTER 49, STREETS AND SIDEWALKS, TO INCREASE FEES TO CLOSE OR A=B~NDON STREET OR EASEMENT; PROVIDING FOR sEVERANCE, PROVIDING AN EFFECTIVE DATE OF AUGUST t, 2003; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY BElT ORDAINED BY THECITYCOUNCILOFTHECITYOFCORPUS CHRISTI, TEXAS: SECTION 1. Section 49-12 of the Code of Ordinances is revised to read as follows: "Sec. 49-12. Petition to council to establish or close streets, etc. "(b) Each request shall be accompanied by the payment of a nonrefundable application fee in the amount of ~.::c hu.",d;~", dc!!=;c ($200.00) five hundred dollars ($500.00) to cover the expense of administrative processing and a fee of seventy- five dollars ($75.00) to cover all notification and legal publication costs incurred by the city. The seventy-five dollars ($75.00) fee will be refunded if the processing of the applicant's request does not reach the notification and publication stage and the city does not incur such expenses." SECTION 2. Section 49-13 of the Code of Ordinances is revised to read as follows: "Sec. 49-13. Request for closing or abandonment of easement. "(a) All persons desiring to have the city council close or abandon an easement shall file their requests with the City engineer, in writing, directed to the city council. Such request shall contain an accurate description of the easements, or portions thereof, desired to be closed or abandoned. "(b) Upon filing of such request, as provided in this section, a-depesit an application fee shall be made with the city engineer of the sum of c.".e hu.".drcd dc!!:;= (?.00.00) five hundred dollars ($500.D0) to cover the expense of processing the request. "(c) Upon the closure or alteration of any easement under the terms of this section, the applicant shall be required to apply for the replat of the affected properties so that the plat records accurately reflect the revised subdivision of the property." SECTION 3. The effective date of this Ordinance is August 1, 2003. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final Page 2 of 3 judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause~ phrase, word or provision of this ordinance, for it is the definite intent of this City CounCil that every section, paragraph, subdivision, clause, phrase, word or provision in this Ordinance be given full force and effect for its purpose. SECTION 5. 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 6. That upon written request of the Mayor or five Council members, copy attached, the City Counc (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 , 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: R. Jay'~,6inin~ Acting City Attorney Samuel L. Neal, Jr. Mayor H:\LEG-DIR\Shared\VERONICA\Lisa\OrdI\july 22 chapter 49 fees,doc Page 3 of 3 Corpus Christi, Texas Day of , ,2003 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 ~'egular 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff H:\LEG-DIR\Shared\VERONICA\Lisa\Ordl\july 22 chapter 49 fees.doc ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER~,BUILDINGS;CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS; TO ADD NEW FLOODDETERMINATION LETTER FEE; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE OF AUGUST 1, 2003; PROVIDNG FOR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CI~'Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 13-178 ef the Code of Ordinances is amended by adding definition for "flood determination letter" to read as follows: "Sec. 13-178. Definitions. "Unless specifically defined below, words or phrases used in this code shall be interpreted to give them the meaning they have in common usage and to give this code its most reasonable application: "Flood determination letter means a determination issued by the Floodplain Administrator or the Flqodplain Administrator's desi.qnee as to whether a particular property is wi~thin a floodplain or floodprone area." SECTION 2. Division 5 of Article V of Chapter 13 of the Code of Ordinances is amended by adding new section 13-197 to read as follows: "Sec. 13-197. Flood determlnation letter. "Floodplain Administrator pr the Floodplain Administrator's desi.qnee may issue a flood determination letter upon payment of $10 fee." SECTION 3. The effective date of this Ordinance is August 1, 2003. SECTION 4. If for any raason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this Ordinance be given full force and effect for its purpose. Page 2 of 3 SECTION 5. 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 6. 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 Char~er 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 , 2003. ~ ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: R-J ''g Acting C~ty ~y Samuel L. Neal, Jr. Mayor H:\LEG_DIR\Shared\VERONICA\Lisa\OrdlXJuly 22 flood det Itr fee.doc Corpus Christi, Texas Day of Page 3 of 3 ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in thb emergency clause of the foregoing ordinance an emergency exists requiring subpension 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\Shared\VERONICA\Lisa\OrdlXJuly 22 flood der Itr fee.doc I ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 13, ~BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS; TO ESTABLISH NE~ FEES OR INCREASE TECHNICAL CONSTRUCTION CODE FEE SCHEDULES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE OF AUGUST 1, 2003; PROVIDNG FOUR PUBLICATION; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 103.7.1.10, of Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, !Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended to read as follows: "103.7.1.1.10. Temporary promotional events. ~' .... ~* ~'-~ ~'-- '- ,v...,, .... , "103.7.1.10.1. Temporary promotional event permit without food. The permit fee for a ter[nporary promotional event without food s forty-eight dollars ($48.00). "103.71.1.10.2 Temporary promotional event permit with food. The permit fee for a temPorary promotional event with food is one hundred forty-eight dollars [$148.00)." SECTION 2. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended by adding new subdivision 103.7.1.4.5 to read as follows: "103.7.1.4.5. P umbi~g contractor registration. The registration fee for maintaining a currentiflle for a licensed p umb nR contractor shall be sixty- seven dollars ($67.00), paid annually." SECTION 3. Article I of Chapter 13 of the Code of Ordinances is amended by redesignating subdivision 103.7.1.6 and its subdivisions as 103.1.1.7 respectively. SECTION 4. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended by adding new subdivision 103~7.1.6 to read as follows: Page 2 of 3 "103.7.1.6 Energy Code "103.7.1.6.1. New reside, n_tia~construction. The fee to inspect a new structure for compliance with the City s Eqer.q¥ Code is five cents ($0.05) per square foot of [I ,e building area." SECTION 5. Subdivision 103.7.1.1.5, of Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus ChriSti is amended to read as follows: "103.7.1.1.5. Demolition of building or structure. For the demolition of any building or structure, the ~"~',v.. ;~.v "...v, ..~'~ --,~,,."~"~* ~v,,~,..'""""-° w-.-.vv/./e'~ nm the fee is one and seven-tenths cents ($0.017) per square fopt of the area of the building or structure to be demolished, with a minimu~ permit fee of thirty dollars ($30.00). Each floor of a multi-story bu ding needs to!be included in calculating the total square footage." SECTION 6. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended by adding new subdivision 103.7.1.13 to read as follows: "103.7.1.13. Accessibility. "103.7.1.13.1. Accessibility,Inspection. The fee for an accessibility inspection is seventy-five dollars ($75.00r). "103.7.1.13.2 Accessibility Review. The fee for the accessibility review of the construction plans is seven,-five dollars ($75.00)." SECTION 7. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended by adding new subdivision 103.7.1.14 to read as follows: "103.7.1.14. Technology F~ee. The fee for aDplvin.q for a permit over the Internet is 2.5% of the permit cost. SECTION 8. The effective date of this Ordinance is August 1, 2003. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the H:\LEO-DIR~Lisa\ORD3\July 22-Development Svc fees (Jay).doc Page 3 of 5 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this Ordinance be given full force and effect for its purpose. SECTION 10. 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 11. 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 1!or 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 , 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2003: R j~inin~'~-~ A~ing~i; ~g~ney Samuel L Neal, Jr. Mayor H:\LEG-D[R\Shared\VERONICA\Lisa\OrdI~July 22-Deve|opment Svc fees (Jay).doc Page 4 of 5 Corpus Christi, Texas Day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in theemergency clause of the foregoing ordinance an emergency exists requiring su~spension 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff I t:\LEG-DIR\Shared\VERONICA\Lisa\Ordl~July 22-Development Svc fees (Jay).doc A RESOLUTION AUTHORIZING PARK, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES RENTAL FEE AND RECREATIONAL FEE ADJUSTMENTS; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2003-04; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND !PROVIDING FOR SEVERANCE. WHEREAS, Section 36-3 of the City Code requires City Council approval by motion or resolution of any rental rates that increase by more than 25 percent and for any new rental fees created; and, WHEREAS, Section 36-7 of the City Code requires City Council approval by motion or resolution of any recreation fees that increase by more than 25 percent and for any new recreational fees created; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the adjusted rental rates and recreational fees, as shown in Exhibit A attached, for Fiscal Year 2003-04. SECTION 2. The City Council approves new rental rates and recreational fees, as shown in Exhibit B attached, for Fiscal Year 2003-04. SECTION 3. Publication will 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 4. This resolution becomes effective August 1, 2003. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of July, 2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: July 8th, 2003. Lisa Aguilar ~ Assistant City Attorney for City Attorney EXHIBIT A FEES INCREASED BY MORE THAN 25% Section 1. ATHLETICS B. Youth Athletics: Includes trophies, T-shirts, medical Scholarship each additional child E. Gymnasiums Youth basketball tournament rental (10 hr. maX) FY02-03 $15/child $t75 Section 2. AQUATICS A, General Admission Youth 17 & under (outdoor pools) $0.50 Section 3. TENNIS C. Lessons Group lesson court fee D. Civic & Corporate tournaments ,~J Kruss max 8 courts $0.75/lesson/person $2.50/hr/court Section 4. RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup 'Entire Facility' rate includes a 10% discount (inclUdes all moms) Additional hour rate for all facilities Non-Pmffi Organizations 501(C)(3) or other community organizations $25/hr $25/mom Section 5. RECREATIONAL FACILITY RENTALS C. Festival Fees Commercial Photographic Session Non-refundable reservation deposit (applied to invoice if event is held) Section 9. LATCHKEY B. Summer Latchkey Program Vacation Station per child Scholarship per child $15/hr $100 $12/day $5/day Section 10. SPECIAL SERVICES A. Rentals Special Event Vendor Permit $25h/endor Section 12. MARINA J. Emergency Serviees (rnintmurn one hour charge): Cost of materials plus 20% sumharge Pump out Equipment with Operator $75/hour Marina vessel (two-person tee, m; non-emergency) $100/hour L. Boat Haul Out Facility: (Travel lift limited to maximum lS ton capacib/) Haul out/hold In slings (ma.,drnurn lhree hours) $195 FY03-04 $20~nd child $250 $0.75 $1.00 $35/hr $35/room $25/hr $150 $20/day $121day $50/event $100 /hour $200 /hour $250 EXHIBIT B i NEW FEES FY03-04 Section 1. ATHLETICS A~ Adult Athletics: Includes Trophies and Officials. Recreational Adult Basketball League $325/team C. Athletic Field Rentals Youth Rental fee per ~leld $20/hour Section 2, AQUATICS B. Annual Swim Passes U.S. Swim Team Membei (per season - short & long course) Youth $75 Adult $125 F, Family Night Swim Five person family $2/family G. Splash Parties - 2 hours Natatorium 251 - 3O0 ,$450 300 & up $,500 Section 3. TENNIS F. HEB Covered Court Pavillon,[:ees Per person Monday through Friday: 8:00 am - 5:00 pm Singles Doubles 5:00 pm ~ 9:30 pm Singles Doubles Per person v~ekends~ Saturday 9:00 am - 2:D0 pm Singles Doublss Sunday 1:00 pm - 6:00 pm Singles Doubles Lesson Fees: Private Semi-Private Group $7 $8 $8 $8 Ss $4.50 $2.25 $2.00 Se~lon 5. RECREATIONAL FACILITY RENTALS B. Multicultural Center Rooro Rentals (Galvan House) First Floor or Courtyard (Sunday - Thursday) Section 7. SUMMER YOUTH PROGRAM A. Summer Recreation Program (dropin) Monday - Friday, 116 - 4p (8 weeks) Section 10. SPECIAL SERVICES A, Rentals Park Use Permit Section 11. GOLF A, Weekday Green Fees Marshal E. Golf cart rental rotes Marshal F. Range balls $200 / 3 hra $1.00 $1.00 $1 /youth/week $10/event Range balls - Marshal FY03-04 Seotlon 12. MARINA L. E~oat Haul Out Facility: (Travel lift limited to maximum 15 ton capacity) Haul and Block (rnaxlmum one hour) $150 43 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2003 of the adoption of the ad valorem tax AGENDA ITEM: I / A. Motion setting August 26, 2003 as the date rate of $0.644175 per $1100 valuation. B. Motion setting a public I~earing on the ad valorem tax rate for August 19, 2003 during the regular City C~ouncil meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. ISSUE: The proposed FY 2003-2004 City budget includes a tax rate of $0.644175 per $100 valuation, which is the same rate as the prior year. The State Property Tax Code requires that a public hearing be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate. Based on the preliminary tax roll received from Nueces County Appraisal District, property values have increased 4.7%. As a result of this growth, it is projected that the ad valorem tax rate will exceed one of these criteria. The Finance Department is expecting to receive the certified tax roll from Nueces County Appraisal District on Friday, July 18, 2003. The submission of the 2003 Certified Appraisal Roll will be disseminated to the, City Council at the July 22, 2003 City Council meeting. REQUIRED COUNCIL ACTION: Approval of the motion to schedule dates for the adoption of the City's ad valorem tax rate and a public hearing. COUNCIL ACTION: Tuesday, July 22, 2003 - City Council is scheduled to discuss and vote on an emergency reading for adoption of the City budget for FY 2003-2004 based on the proposed tax rate of $0.644175 per $100 valuation. FUTURE COUNCIL ACTION: · Tuesday, August 19, 2003 - City Council will conduct a public hearing on the ad valorem tax rate. Tuesday, August 26, 2003 - City Council will adopt the ad valorem tax rate of $0.6'!.~.175 per $100 valUation. CONCLUSION AND RECOMMENDATION: Staff recommends that the motiqn scheduling August 19, 2003, for the public hearing and August 26, 2003, for adoption ~ the ad valorem tax rate be approved. Lee ArVn Dumbauld Director of Financial Services Attachments: Background information BACKGROUND INFORMATION The State Property Tax Code ~equires that a public hearing be held when a taxing unit proposes to impose a tax rate tl~at exceeds the lower of the rollback tax rate or 103 percent of the effective tax rate. The effective tax rate is generally equal to the prior year's taxes divided by the current year's takable values of properties that were also on the tax roll in the prior year. The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start rollback procedures. The rollback tax rate divides the overall property taxes into two categories - maintenance and (~perations (M&O) taxes and debt service taxes. The M&O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The debt portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M&O portion, however, may rise only eight percent. The fiscal year 2003-2004 City !budget includes a proposed tax rate of $0.644175 per $100 valuation. It is projected that this proposed rate will exceed 103 percent of the effective tax rate. Therefore, the City is required to conduct a public hearing. 44 NO ATTACHMENT FOR THIS ITEM City of Corpus Christi