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Agenda Packet City Council - 08/17/2004
CITY COUNCIL AGENDA AUGUST 17, 2004 Corpus Ch risti Ail-America City 11:45 A.M. - Certificates of Commendation recognizing Neighborhood Initiative Program Community Partners AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 17, 2004 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. Member~ of the audience will be provided an opportunity to address ~he Counc~7 ut approximately 12:00 p.m. or et the end of the Council Mee~ng, whichever is earlier. Please speak i~lo the microphone located et Ihe podium and state your name and address. Your pmsenteSon will be limited to throe minutes. If you have a peffSo~ or other Information pertaining to your subject, please pmsenl it to the City Secretary. Si Usted desea dlrigirse al Concilio y crse qua su ingl~s es Ilmitado, habr~ un int~rprste Ingl~s-espaflol en lodes las juntas del Concllio para ayudarie. Persons with disabili~es who plan to attend this meeb'ng and who may need auxiliary aids or services em requested to contact the City Secretary's office (at 36~-880-3105) at least 48 hours in advance so that appropriate arrengemenfs can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Evangelist Napoleon Johnson, Faith Mission. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Offlcem. Mayor Samuel L. Neal, Jr. Mayor Pro Tam Javler Colmenem Council Members: Brant Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnlson Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of July 27, 2004. (Attachment # 1) Agenda Regular Council Meeting August 17, 2004 Page 2 F. BOARDS & COMMI'I-rEE APPOINTMENTS: (Attachment # 2) Community Youlh Development (78415) Program Steedng Committee Corpus ChdstJ Convention and Visitors Bureau Board Park and Recreation Adviso~ Committee G. EXPLANATION OF COUNCIL ACTION: For administraUve convenience, certain or,he agenda items are listed as mo#ons, resolutions, or ordlnances, ff deemed appropriale, the City Council will use a different method of adc)pEon from the one listed; may finally pass an ordinance by adopb'ng it as an emergency measure rather then a two reading ordinance; or may medffy 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 reconsideragon and acb'on on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a mub'ne or adminlstre~fve nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous mee§ng. 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 indiw'dual consideration In its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point ~he Council will vote on ell rnotlor~, resolutions and ordinances not removed for Individual consideration) Resolution authorizing the City Manager or his designee to accept an amendment to the grant from the Texas Department of Health authorized in Resolution No. 025447 In the amount of $8,000 for health department security system improvements. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Reft' ID legend al I~e end ~ I~e agenda Agenda Regular Council Meeting August 17, 2004 Page 3 Ordinance appropriating a grant in the amount of $8,000 in the No. 1066 Health Grant Fund from the Texas Department of Health for health department security system improvements. (Attachment # 3) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $39,716 for HIV prevention services. (Attachment # 4) Ordinance appropriating a grant in the amount of $39,716 in the No. 1066 Health Grant Fund from the Texas Department of Health for HIV prevention services. (Attachment # 4) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $87,000 for breast and cervical cancer control and prevention services. (Attachment # 5) Ordinance appropriating a grant in the amount of $87,000 in the No. 1066 Health Grant Fund from the Texas Department of Health for breast and cervical cancer control and prevention services. (Attachment # 5) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $222,333 to fund essential public health services such as disease Investigation, laboratory services and environmental health services. (Attachment # 6) Ordinance appropriating a grant in the amount of $222,333 in the No. 1066 Health Grant Fund from the Texas Department of Health to fund essential public health services such as disease investigation, laboratory services and environmental health services. (Attachment # 6) Resolution authorizing the City Manager or his designee to accept a 'l-~e XX grant from the Texas Department of Health in the amount of $291,750 for family health and family planning services. (Attachment # 7) CITY COUNCIL PRIORn'Y ISSUES (Refe~ ~ legend at the end ot the Agenda Regular Council Meeting August17,2004 Page 4 7.5. 10. 11. 12. 13.a. Ordinance appropriating a Title XX grant in the amount of $291,750 In the No. 1066 Health Grant Fund from the Texas Depafb,ent of Health for family health and family planning services. (Attachment # 7) Motion authod7_Jng the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $473,097 for a total restated fee of $1,197,967 for the Laguna Madre Service Area Collection System Rehabilitation. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with KJK Construction, of Corpus Christi, Texas in the amount of $142,967 for the Americans with Disabilities Act Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a construction contract with SaI-Con, Inc., of corpus ChdstJ, Texas in the amount of $165,800 for Central Library Children's Area Project. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction, of Corpus Chdsfi, Texas in the amount of $246,587 for the Holly Road Pump Station Structural and Mechanical Improvements ProJecL (Attachment # 11 ) Motion authorizing the City Manager or his designee to execute a construction contract with Jhaboras Construction Company, Inc., of Corpus Christi, Texas in the amount of $184,943.50 for the Baldwin and Villa Relief Line Project. (Attachment # 12) Motion authorizing the City Manager or his designee to execute a construction reimbursement agreement with CHRISTUS Spohn Health System in the amount of $80,400 for sanitary sewer gravity trunk main, sanitary sewer force main and lift station Improvements. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Re'ret ~ leered at U~e e~l of I~e age~:la ~mma~y) Agenda Regular Council Meeting August 17, 2004 Page 5 13.b. 13.c. 14.a. 14.b. 15.a. Ordinance appropriating $80,400 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay CHRISTUS Spohn Health System for the construction and installation specif'm,d In the Sanitary Sewer Trunk Force Main and Lift Station Construction and Relmbumement Agreement, in the area of Elizabeth Sb'eet and Third Street. (Attachment # 13) Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with CHRISTUS Spohn Health System for the right to construct, operate, and maintain approximately 50 feet of sanitary sewer force main located in the Elizabeth Sb'eet right-of-way as indicated in the Use Privilege Agreement to serve the CHRISTUS Spohn Shoreline Hospital Pavilion and Cdtical Care Tower, in consideration of the deferral of City sanitary sewer main replacement, requiring CHRISTUS Spohn Health System to comply with the specified conditions. (Attachment # 13) Motion approving an amendment to the SPA 30 Sanitary Gravity Trunk Main Extension, Lift Station, and Force Main Reimbumernent Agreement submitted by Yorktown Oso Joint Venture, to reflect a cost increase of $538,600 for gravity sanitary sewer, force main. lift station, appurtenances, embedment costs. and pavement repair. (Attachment # 14) Ordinance appropriating an additional $538,600 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Yorktown Oso Joint Venture for the construction and installation specified in the Sanitary Sewer Gravity Trunk Main. Sanitary Sewer Force Main and Lift Station Construction and Relmbumement Agreement. located in the south side of Corpus ChdslJ mainly along Aidine Road Sb'eet right-of-way. (Attachment # 14) Motion approving an amendment to the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer for Master Plan Lift Station No. 11 and Force Main, to reflect a cost increase of $374.600.32 for sanitary sewer, lift station, appurtenances, and engineering costs. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES age~da summary) Agenda Regular Council Meeting August17,2004 Page 6 15.b. 16. 17. 18. 19.a. Ordinance appropriating an additional $374,600.32 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Hogan Development Company for the construction and installation specified in the Sanitary Sewer Trunk, Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement, for the service areas east ol; Rodd Field Road and south of Holly Road. (Attachment # 15) Motion authorizJng the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Urban Engineering, of Corpus Chdsfi, Texas in the amount of $1,089.833.65 for a total restated fee of $2,303,534.05 for the Infiow/InfilbatJon Area Collection System Rehabilitation ProjecL (Attachment # 16) Motion authorizing the City Manager or his designee to execute a construction contract with R. M. Wright Construction Company, of El Paso, Texas in the amount of $1,549,824 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. (Attachment # 17) Motion authorizing the City Manager or his designee to execute a Third Amendment to the Pre-Opening Services and Management Agreement for the Corpus Chdsti Multi-Purpose Arena between the City of Corpus Chdsti and SMG to Include American Bank. N.A. as naming rights sponsor for the Multi- Purpose Arena and Convention Center as an additional named Insured on various insurance policies. (Attachment # 18) Motion authorizing the City Manager or his designee to execute a Memorandum of Understanding between Del Mar College District and the City of Corpus Chdsti to agree to enter into an Intedocal Agreement In the amount of $165,445 to provide professional services to facilitate economic development by providing technical assistance to private, for profit businesses who are creating or retaining jobs In Corpus Christi. (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at Itm ead 01' Ihe agenda Agenda Regular Council Meeting August 17, 2004 Page 7 19.b. 20. 21. 22. 23. 24. First Reading Ordinance - DelelJng Division 12, Business Resource Center Steering Committee from Chapter 2 of the Code of Ordinances; amending Chapter 2 of the Code ol~ Ordinances to establish the Small Business Advisory Committee. (Attachment # 19) Mo§on authorizing the City Manager to make the annual contribution of $65,000 to continue the City's active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. (Attachment # 20) Motion authorizing the City Manager or his designee to execute a contract with Corpus Christi Disposal Services, Inc. (CC Disposal), of Corpus Christi, Texas guaranteeing the annual delivery of specific tonnage of acceptable waste to the J. C. Elliott Landfill for a specified fee ($19.50 per ton, plus any mandated Federal or State Fees), for a period not to exceed the life of the J. C. Elliott Landfill. (Attachment # 21) Motion authorizing the Ci[y Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc., of Redlands, California In an amount not to exceed $40,168.15 for the ESRI suite of products used by the City's Geographic Information System users. (Attachment # 22) Motion authorizing the City Manager or his designee to approve a Professional Services Work Order with Kronos, Inc., of Chelmsford. Massachusetts in the amount of $91,975 plus travel and per diem not to exceed $15,000, to provide the City with an upgrade to Kronos version 5 including first year software and hardwara maintenance based on sole source. (Attachment # 23) Motion authorizing the City Manager or his designee to execute a twelve-month software maintenance agreement with Tiburon, Inc., of Fremont. Califomla In an amount not to exceed $91,574. Included in the maintenance agreement are the 'riburon modules for Records Management. Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer lo legead al Ihe etd of ~le agenda lummaW) Agenda Regular Council Meeting August17,2004 Page 8 25. 26. 27. 28. 29. 30.a. Motion authorizing the City Manager or his designee to enter Into a contract not to exceed $597,248 with Northrop Grumman Commercial Information Services, Inc., of Hemdon, Vlrginia to provide and implement an Automated Meter Reading (AMR) Solution with all components as part of the Automated Meter Reading/Wireless Broadband Network (WiFi) Pilot project. (Attachment # 25) Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the Lease Agreement between the General Services Administration (GSA), acting for the Transportation Security Adminisl~ation (TSA), and the City of Corpus Christi by extending the lease term for eleven (11 ) months through September 30, 2004, at the same rental rate and square footage. (Attachment # 26) Ordinance appropriating $97,354.75 In the Airport Capital Reserve Fund No. 4611; transferring and appropriating $97,354.75 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for engineering services for airport improvements; amending FY' 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $97,354.75. (Attachment # 27) Ordinance appropriating $109,691 from the Federal Aviation Administration Grant No. 32 in the No. 3020 Airport Capital Improvement Fund for Construction Terminal Apron, Phase II; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $109,691. (Attachment # 28) First Reading Ordinance - Authorizing the City Manager or his designee to execute a long term lease expidng September 30, 2016 with the Federal Aviation Administration for an Airport Surveillance Radar Facility Site at Evelyn Pdce Park located in the City of Corpus Chdsti. (Attachment # 29) Ordinance abandoning and vacating a 5,075-square foot portion of a 10-foot wide utility easement In Lot lO-R, Block 1, Moore PI~?-; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified condi'dons. (Attachment # 30) CITY COUNCIL PRIORFFY ISSUES ~efer I~ le~e~:l at the e~ oI' U~ age~ e~m~',/) Agenda Regular Council Meeting August 17, 2004 Page 9 30.b. 30.c. 31. 32. Ordinance abandoning and vacating a 6,710.2-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1. Moore Plaza; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions. (Attachment # 30) Ordinance abandoning and vacating an 871.2-square foot portion of a I O-foot wide utility easement in Lot 4, Block 1, Moore Plaza; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions. (Attachment # 30) First Reading Ordinance -Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3.3. 19-3.4, and 19-3.5 to establish a restaurant rating system; providing for penalties; providing an effective date of September 1, 2004. (Attachment # 31) Second Reading Ordinance - Authorizing the City Manager or his designee to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a terTn expiring July 31,2008. (First Reading 7/20/04) (Attachment # 32) PUBLIC HEARINGS; Proposed ad valorem tax revenue increase. (Attachment # 33) PADRE ISLAND OVERLAY DISTRICT (1:30 P.M.) Public hearing to consider amending the Zoning Ordinance by adding Article 13A. '10" Island Overlay District, to establish a unique island development standard; and by revising Article 13. 'B2-A' Barrier Island Business District, Section 13-2, Use Regulations, to include new uses and use requirements. (Attachment # 34) CITY COUNCIL PRIORI'I'Y ISSUES Agenda Regular Council Meeting Augu~ 17,2004 Page 10 35. 36. Ordinance amending the Zoning Ordinance by adding Article 13A. "10" Island Oveday District to establish a unique island development standard; and by revising Article 13. "B2-A" Barrier Island Business District, Section 13-2 Use Regulations, to Include new uses and use requirements. (Attachment # 34) ZONING CASES: Case No, 0604-05. Ma(~ellan Terminal Holdin§s. L,P,: A change of zoning from a 'B-3" Business District on Tract 1 and '1-2' Light Industrial District on Tract 2 to an '1-3" Heavy Industrial District. The property is 78.38 acres out of the Webb Tract, Lots 7, 8, 9, 21, and 22, located west of Buddy Lawrence Drive and Poth Lane and north of Interstate Highway 37 and Tribble Sl~eet. (Attachment # 35) Plannin(~ Commission and Staffs Recommendation: Approval of the "1-3" Heavy Indusbial District. ORDINANCE Amending the Zoning Ordinance upon application by Magellan Terminal Holdings, L.P. by changing the zoning map in reference to Webb Tract, being 78.38 acres out of Lots 7, 8, 9, 21, and 22, from "B-3" Business District - Tract 1 and '1-2" Light Industrial District - Tract 2 to '1-3' Heavy Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No, 0604-07. Valero Refining - Texas L.P,: A change of zoning from a "B-4" General Business District to an '1-3" Heavy Industrial District. The property is a 0.38 acre out of the Kaler Addition, Share 2A. west ½ of Lot 6, located 140 feet north of Up River Road and east of Kaler Drive. (Attachment # 36) Plannlna Commission and Staffs Recommendation: Approval of the '1-3" Heavy Indusl~tal District. CITY COUNCIL PRIORITY ISSUES (Reft' [o legend at Ille end ~ the Agenda Regular Council Meeting August17,2004 Page 11 ORDINANCE Amending the Zoning Ordinance upon application by Valero Refining - Texas L.P. by changing the zoning map in reference to Kaler Addition, being 0.38 acre out of Share ZA, west ~ of Lot 6, from "B-4" General Business District to "1-3" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 37. Discussion and consideration of Bond Propositions for the November 2, 2004 Election. (Attachment # 37) 38. Discussion and consideration of Permanent Ad Valorem Tax Freeze Proposition for the November 2, 2004 Election. (Attachment # 38) 39. Motion adopting the Homeless Plan on Ending Chronic Homelessness in Corpus Christi, a seven-year strategic action plan which is part of the City's Community Planning and Development Programs. (Attachment # 39) 40.a. Motion to amend the FY 2003 and FY 2004 Consolidated Annual Action Plan to add and implement the American Dream Downpayment Initiative (ADDI) by increasing HOME Program funds by $76,154 and $89,864, respectively for the homebuyer assistance program. (Attachment # 40) 40.b. Ordinance appropriating a grant of $166,018 from the United States Department of Housing and Urban Development in the Community Development Block Grant No. 1059 for the FY 2003 and FY 2004 Home Investment Partnership (HOME) Program. (Attachment # 40) 41. First Reading Ordinance - Amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties. {Tabled 07127/04) (Attachment # 41 ) Cl'rY COUNCIL PRIORITY ISSUES (Re~ ~ lege~:l at I1~ end of Itle agenda summary) Agenda Regular Council MeeUng August17,2004 Page12 K= 42. PRESENTATIONS: Public comment will not be solicited on Presentation items. Neighborhood Initiative Program "NIP" progress report for FY 2003-2004, the introduction of the Neighborhood Pride Program, and the recommended NIP project sites for FY 2004-2005. (Attachment # 42) PUBLIC COMMENT FROM THE AUDIENCE ON MATFERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M, OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER, PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN 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 mede of ~he meeting; therefore, please speak into ~he microphone located at ~he podium and state your name and address. If you have a petition or o~her information perfainlng to your subject, please present it to the City Secretary.) Si usted se dlrlge a la junta y cree qua su ingl~s es limitado, habr~ un Int~rprete Ingl~s-espal~ot en la reunlOn de le junta para ayudarle. PER ClTY COUNClL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session et any time durfng 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. CITY COUNCIL PRIORITY ISSUES (Rel~ b:) lege~l at ~e end oi' ~e agenda summa~) Agenda Regular Council Meeting August17,2004 Page 13 N. 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 ac#vitJes of individual Council members and Staff; constituent concerns; current topics raised by media; fo#ow-up on Staff assignments; scheduling of future Council meeb'ngs and activities; and other brief discussions regarding city-related matters. 43. CITY MANAGER'S REPORT 45. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's o[flclal bulletin board a[ the ~'ont enb'ance to City Hall, 1201 Leopard Stree[, at 3; ¥~-'p.m., August 13, 2004. City Secretary CITY COUNCIL PRIORITY ISSUES (Rear lo legend at Ihe end o~ ~e agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at ww~v.¢Ctexas.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 Intemet by Monday morning. Symbols used to highlight action Item that Implement council priority Issues. 1 MIN-~JTE$ CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 27, 2004 - 10:04 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Javier Colmenero (A_mived at 10:08 a.m,) Council Members: Brent Chesney Melody Cooper (Arrived at 10:05 a.m.) Henry Garrett Bill Kelly Rex KinnJson Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Ed Seegar and the Pledge of Allegiance to the United States flag was led by Boy Scout Troop No. 161. 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 July 27, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Corpus Christi Downtown Management District Wayne Lundquist (Reappointed) Manuel Ugues (Reappointed) Bill Durrill (Reappointed) Wes Hoskins (Reappointed) Raymond Gignac (Reappointed) Leon Loeb (Reappointed) Liz Lomax (Appointed) Willard Hammonds ri (Appointed) Les Cassidy (Appointed) Eloy Salazar (Appointed) Ana Vasquez (Appointed) Transportation Advisory Committee Brian Clements (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-30). Mr. Bill Kopecky, 3609 Topeka, requested that Item 28 be discussed. Council members requested that Items 6, 22, 26, and 30 be discussed. There were no comments fi-om the audience. A motion was made and passed to approve Items 3 through 30, constituting the consent agenda, except for Items 6, 22, 26, 28, and Minutes - Regular Council Meeting July 27, 2004 - Page 2 30, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-275 Motion approving the purchase of one pickup and one heavy track from Access Ford, Corpus Christi, Texas based on low bid meeting specifications and most advantageous bid in accordance with Bid Invitation No. BI-0112-04 for a total amount of $53,824. These vehicles will be used by the Gas Deparhnent and Animal Control and are replacements to the fleet. Funding is available in the Gas Department Operations Budget and from the FY 2003- 2004 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. MOTION NO. 2004-276 Motion approving a supply agreement with Code Blue Police Supply, of San Antonio, Texas for soft body armor in accordance with Bid Invitation No. BI-0095-04, based on best value for an estimated annual expenditure of $119,856. The tm-m of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from the Law Enfomement Trust Fund. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinrdson, Noyola and Scott, voting "Aye". 5. MOTION NO 2004-277 Motion approving the purchase of two tractor loader backhoes from J. C. Brown, Inc., of Pharr, Texas for the total amount of $150,762.22. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). These backhoes will be used by the Gas Department. Funding is available fi-om the FY 2003-2004 Gas Department Operations Budget and fi-om the FY 2003-2004 Capital Outlay Budget in the Maintenance Services Fund. Both uaits axe replacements to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colrnenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting July 27, 2004 - Page 3 MOTION NO. 2004-279 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI-0025-04, based on best value for an estimated annual expenditure of $1,575,706.82 of wkich $131,401 is budgeted in FY 2003-2004. The terms of the contracts will be for three years with options to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Depm tments in FY 2003-2004 and requested for FY 2004- 2005. Pennco, Inc. San Felipe, Texas Hydroflourosilicic Ac~d $66,903 Ferrous Sulfate $578,637.50 Polydyne, Inc. Riceboro, Georgia Liquid Cationic Polymer $110,520 Sludge Dewatering Polymer $122,914.50 Valley Solvents & Chemicals Corpus Christi, Texas Sodium Bisulfate Solution $242,011.82 Bay Chemical & Supply Company Odem, Texas Liquid Ammonium Sulfate $123,200 Liqmd Aluminum Sulfate $331,520 Grand Total: $1,575,706.82 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye". 8.a. MOTION NO. 2004-280 Motion authorizing the City Manager or his designee to accept a grant in the amount of $296,692 fi-om the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 4. The foregoing motion was passed and approved w~th the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting July 27, 2004 - Page 4 8.b. ORDINANCE NO. 025854 Ordinance appropriating $296,692 fi.om the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the Motor Vehicle Thet~ Enfomement Grant within the Police Department for Year 4; appropriating $24,126.75 from the No. 1061 Law Enforcement Trust Police Grants Fund; appropriating $45,534.25 from the No. 1061 ATPA Asset Seizure and Forfeiture Account and authorizing transfer of $47,168 from the No. 1020 Cash Contribution to Grants to the No. 1061 Pohce Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.a. MOTION NO. 2004-281 Motion authorizing the City Manager or his designee to execute an agreement with the Friends of the Corpus Christi Museum of Science and History in which the Friends agree to instruct the Corpus Christi Museum of Science and History Foundation Trustee to spend funds received fi.om the John R. Kleespies Estate and income derived from that Estate for Museum purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.b. ORDINANCE NO. 025855 10. Ordinance appropriating $69,698.71 from the John R. Kleespies Estate from the Contributions and Donations Account No. 340000-1020-13490 to the Corpus Christi Museum of Science and History Foundation. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-282 Motion authorizing the City Manager or his designee to execute a twelve month software maintenance agreement with Vista Solutions Group, of Round Rock, Texas in an amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlow applications utilized by the Mumcipal Court, Finance, and Engineering Departments for electronic document archival and work flow routing. This vendor qualifies as sole source support as they are the only vendor who maintains an interface between the Municipal Court Systems CSI and VisiFlow. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Minutes - Regular Council Meeting July 27, 2004 - Page 5 ll. 12. 13. 14. 15. Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-283 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Shiner, Moseley and Associates, Inc, of Corpus Christi, Texas in the amount of $36,900 for a total re-stated fee of $53,100 for the University Beach Parking Access. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-284 Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $280,600 for the Major Storm Water Outfall project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". MOTION NO. 2004-285 Motion authorizing the City Manager or his designee to execute a construction contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $272,870 for the Wastewater Clean-Out Installation Program 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chasney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". MOTION NO. 2004-286 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction. of lngleside, Texas in the amount of $370,370 for the Miscellaneous Storm Water Projects 2004-Part B Master Channel 29. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-287 Mo tion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, of Beaumont, Texas in the amount of $618,455 for the Interstate Highway 37, State Highway 286 (Crosstow'n Expressway) and State Highway 358 (Padre Island Drive) Sanitary Sewer Cleaning and Televising. Minutes - Regular Council Meeting July 27, 2004 - Page 6 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. MOTION NO. 2004-288 Motion authorizing the City Manager or kis designee to make payment to the Port of Corpus Christi Authority in the amount of $373,344.48 for waterline adjustments and installations for the Joe Fulton Trade Corridor Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. MOTION NO. 2004-289 18. 19. Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $129,721.50 for the Mary Carroll Channel Improvements Phase 1. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025856 Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250, Schedule I, One Way Streets and Alleys, Section (a-l) School Areas, by estabhshing a one-way traffic pattern on the following street sections during the school hours of Lozano Elementary; ( Westbound one-way pattern on Aztec Street between Blake Street and Osage Street; and Northbound one-waypattem on Osage Street between Aztec Street and Baldwin Boulevard); and providing for penalties. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025857 Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250, Schedule I, One Way Streets and Alleys, Section (a-1) School Areas, by estabhshing a one-way traffic pattern on the following street section during the school hours of Tuloso-Midway Intermediate School; (Southbound one-way pattern on Overland Trail between Oregon Trail and Goodnight-Loving Trail); and providing for penalties. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret, Kelly, Kinnison, Noyola and Scot, voting "Aye". Minutes - Regular Council Meeting July 27, 2004 - Page 7 20.a. MOTIONNO. 2004-290 Motion approving the reimbursement application submitted by Fellowship of Oso Creek, Owner and Developer of Lots 14, 15 and 16, Section 25, Flour Bluffand Encinal Farm and Garden Tract for the installation of 1,971 linear feet of a 12-inch PVC water distribution main. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye". 20.b. ORDINANCE NO. 025858 Ordinance appropriating $51,568.60 from the Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 1,971 linear feet of a 12-inch PVC water distribution main to develop Lots 14, 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tract. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 21. RESOLUTION NO. 025859 Resolution authorizing the City Manager or his designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2004-2005 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 23. ORDINANCE NO. 025861 Ordinance rescinding Ordinance No. 024911 which appropriated $75,000 in the No. 3530 Street Capital Improvement Program Fund from the Regional Transportation Authority to construct a Bus Passenger Facility in association with the Arcadia Lift Station Improvements; amending the FY 2003-2004 Capital Budget adopted by Ordinance No. 025467 by decreasing appropriations by $75,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Minutes - Regular Council Meeting July 27, 2004 - Page 8 Scott, voting "Aye". 24. ORDINANCE NO, 025862 Ordinance appropriating $160,004.87 fi.om paving assessments in the No. 3530 Street Capital Projects Fund to reimburse collection activity associated with voluntary paving assessment program; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $160,004.87. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 25. ORDINANCE NO 025863 Ordinance appropriating $134, 277.96 fi.om interest earnings and bond proceeds in the No. 4241 Wastewater 1995 Capital Improvement Program Fund for wastewater project expenditures; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $134,277.96. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gm-rett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 27. ORDINANCE NO. 025865 Adopting Ordinance under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City;, establishing an effective date of January 1,2005 for the Ordinance. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison voting "No". 29.a. MOTION NO. 2004-292 Motion to amend prior to second reading the ordinance amend'rog the Code of ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and Other Refuse, regarding resource recovery fees; providing for penalties; and providing for an effective date of August 1, 2004 Minutes - Regular Council Meeting July 27, 2004 - Page 9 which passed on first reading on July 13, 2004, by revising the table in Section 2, Section 21- 41 (e)(2). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". 29.b. ORDINANCE NO. 025867 Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and Other Refuse, regarding resource recovery fees; providing for penalties; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved wi th the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 6 regarding the purchase of a number of vehicles. Mr. Noyola asked if it was the city's practice to use CDBG funds for the purchase of vehicles, expressing his concern that CDBG funds were being used for administrative expenses, not programs. City Manager Noe replied that the general fund does not provide financial support for CDBG programs. If the program needed a vehicle, then the funding would have to come fi.om the CDBG. He smd this use was allowable since the vehicle would be used exclusively by the Neighborhood Services division in relation to CDBG projects. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2004-278 Motion approving the purchase of three pickup trucks and one m/nivan fi.om Philpott Motors, of Nederland, Texas for the total amount of $90,546. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Goverm-nents (HGAC). These vehicles will be used by the Gas Department, Solid Waste, Beach Operations and Neighborhood Services. Funding is available fi:om the FY 2003-2004 Gas Department Operations Budget, Beach Operations Budget, the Community Development Block Grant General Administration Grant and the Texas Commission on Environmental Quality/Solid Waste Grant. One unit is a replacement and three are additions to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 22 regarding financing for a health facility. In response to Mr. Kelly's question, Director of Finance Cindy O~Brien rephed that the City of Hubbard, Texas was refinancing the existing Bokencamp Children's Treatment Center, a mental health facility located in Corpus Christi. She said that state law required the jurisdiction in which the facility was located to approve the financing. She confirmed that the city was not incurring any liability or responsibility in the matter. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 27, 2004 - Page 10 22. RESOLUTION NO. 025860 Resolution approving the financing by the I-II~DC of Central Texas, Inc. of a health facihty located within the City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 26 regarding fee changes for the latchkey and golf programs_ Mr. Noyola said he understood that there would be no additional fees related to the golf program. City Manager Noe r~lied that the only fee being added was for the regular monthly card as discussed_ City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 025864 Resolution authorizing increased Park and Recreation latchkey fees and adding new golf fees for Fiscal Year 2004-2005; and providing for an effective date of Augnst 1, 2004. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrert, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. Mayor Neal opened discussion on Item 28 regarding utility rates. Mr. Bill Kopecky, 3609 Topeka, spoke against the proposed utility rate increases. 28.a. MOTIONNO. 2004-291 Motion to amend prior to second reading the ordin~xnce amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; and providing for an effective date of August 1, 2004, which passed on first reading on July 13, 2004, by amending the I. C. L. Wastewater Rates, Section 1, Section 55-100 (a)_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 28.b. ORDINANCE NO. 025866 Amending the Code of Ordinances, City of Corpns Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) Minutes - Regular Council Meeting July 27, 2004 - Page 11 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 30 regarding a number of fee increases and/or new proposed fees that support the FY 2004-2005 budget. He asked about a proposed tipping rate increase, fi-om $26.50 to $29.17, for commercial haulers. He asked to whom this fee would apply. Assistant City Manager Ron Massey replied that the fee would apply to a large number of commercial haulers who did not have a put-or-pay contract with the city. Mayor Neal asked how much adthtional revenue would be generated from the fee increase. Assistant City Manager Massey replied that $106,000 would be generated. Mayor Neal expressed his concern that this fee increase might be seen as a ptmitive charge against a particular company. City Manager Noe replied that the largest commercial company without a put-or-pay contract was C.C. Disposal. He said staff had met with representatives from the company and their attomey, Mr. John Bell, recently, and he was optimistic that they would sign a put-or-pay contract as well. The Councd then asked several other questions about solid waste fees. City Secretary Chapa polled the Council for their votes as follows: 30.a. ORDINANCE NO. 025868 Amending the Code of Ordinances, City of Corpus Christi, Section 55-7, regarding 9-1-1 service fees; providing for penalties; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinn/son, Noyola and Scott, voting "Aye". 30.b. ORDINANCE NO. 025869 Revising Sections 23-57(3)Co), 6-23(,1), and 19-33(b), Code of ordinances, to increase Health Department fees relating to pool inspections, rabies testing, a.nd food establishment health permits; providing for penalties; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 30.c. ORDINANCE NO. 025870 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, regarding library fees; and providing for an effective date of August 1,2004. (First Reading- 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Minutes - Regular Council Meeting July 27, 2004 - Page 12 Scott, voting "Aye". 30.d. ORDINANCE NO. 025871 Amending Chapter 18, Fire Prevention Code, Code of Ordinances by revising Section 18-1 (b) (12), Fee Schedule; by revising Section 18-20, Ambulance Rates; and by add'rog Section 18-3, Hazardous Material and Debris Clean-Up Fee; and providing for an effective date of August l, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 30.e. ORDINANCE NO. 025872 Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions by adding Article VII. Dance Hall Permits; providing for penalties; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 30.f. ORDINANCE NO. 025873 Amending the Code of Ordinances, by revising Section 3 1/2-120) by increasing the permit application or renewal fee for alarm system; revising Section 57-96 by establishing taxicab driver's permit fee; revising Section 48-19 by increasing the permit fee for a sexually oriented business; providing for penalties; and providing for an effective date of August 1, 2004. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: NeaI, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". In response to Mr Kopeelefs previously stated concern about the increase in utility rates, Mayor Neal noted that the Council had approved a number of increases in utility rates as a way to fund utility service improvements. Mr. Kinnison added that the Council Audit Committee performed an ongoing review of the utihty rate model and its assumptions to ensure its soundness. Minutes - Regular Council Meeting July 27, 2004 - Page 13 Mayor Neal opened discussion on Item 31, a consideration of an appeal filed by Antonio Fuentes, Jr. ora Building Standard Board decision to require demolition of the structure located at Ext. to S. End 1,2, and 3 of Block 9, commonly known as 1709 Coleman. Mr. Tony Fuentes, 2522 Terrace Street, stated that his family had owned the said property for many years, but the neighborhood had significantly declined over the years, leading to problems with vandahsm and graffiti. He said his job required him to travel extensively, so he was unable to properly care for the property. He asked for a 90-day extension to allow him to renovate the property and then sell it to another family member. Mr. Michael Hemandez, property advisor with the code enforcement division, provided a brief chronology of staffs actions on the case. On June 9, 2003, staff conducted a substandard structure investigation and survey. On June 13, 2003, a notice was sent to the property owner regarding the substandard conditions including a detailed list of necessary repairs. On May 7, 2004, a notice was sent to the property owner informing them that the case was being submitted to the Building Standards Board for a hearing. On May 27, 2004, the Building Standards Board conducted a heating and ordered demolition of the property based on the condition of the structure. On June 5, 2004, a notice was sent to the property owner informing them of the board's decision, with excerpts of the minutes fi.om the proceedings. Finally, on June 18, 2004, the property owner submitted a request for an appeal. Mr. Hemandez concluded that it was staffs position that due to the serious deterioration and poor maintenance of the facility, the property should be demolished. Mr. Colmenero pointed out that the cost of renovating the building would be substantially higher now because of the new, stricter building codes the city has recently adopted. He commented that it might be more cost effective to tear the building down and rebuild it rather than renovate it. He concluded that he was in favor of granting the 90-day extension, but stressed that this was the last chance he would g/ye Mr. Fuentes to renovate the building. Mr. Kelly asked Mr. Fuentes why he waited so long to address the problems with building, pointing out that the city had sent him several notices. Mr. Fuentes said he meant to take action sooner, but failed to look for a buyer. Mr. Kelly asked if Mr. Fuentes had received any estimates for the repairs. Mr. Fuentes replied negatively, saying he wanted to see what the Cotmcil's action would be fu'st, but he thought the repairs would cost between $4,000 to $6,000. Mr. Kelly stated that it was highly unlikely that the building could be renovated for that amount. He did not feel a 90-day extension would do anything to improve the situation since Mr. Fuentes had not prov/ded a specific plan today to prove otherwise. He sympathized with Mr. Fuentes's wish to keep the property in the family, but he did not wish to subject the neighborhood to the dilapidated btfilding any longer. Mr. Scott asked how much money the city had spent to address the problems with Mr. Fuentes's property, e.g. boarding it up and mowing the lawn. City Manager Noe replied that he did not have a set amount, but he said staff had spent a considerable amount of time and effort over the past fourteen months to reach this point. Mr. Scott noted that the city's efforts to remedy the situation were at the taxpayers's expense. He said he did not support a 90-day extension unless Mr. Fuentes was willing to reimburse the taxpayers for these expenses. Minutes - Regular Council Meeting July 27, 2004 - Page 14 Mr. Noyola said he was willing to grant Mr. Fuentes a 90-day extension, but he asked Mr. Fu~ntes to reimburse the city for their expenses. Ms. Cooper spoke against granting the 90-day extension. Mayor Neal asked for public comment. Mr. David Noyola, 909 Marie Circle, and Mr. Abel Alonzo, 1701 Thames, expressed their concern that the Council was showing preferential treatment to business owners over everyday citizens in these types of cases. Mr. Kelly made a motion to deny the appeal filed by Antonio Fuentes Jr., seconded by Ms_ Cooper. City Secretary Chapa polled the Council for their votes as follows: 31. MOTION NO. 2004-293 Motion to deny the appeal filed by Antortio Fuentes Jr. of a Building Standard Board decision to require demolition of the structure located at Ext. to S_ End 1, 2, and 3 of Block 9, commonly known as 1709 Coleman Street The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmen~ro, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". Mayor Neal referred to Item 33a, and a motion was made, seconded and passed to open the pubhc heating on the following item: 33.a. Public heating to consider abandoning and vacating a 43,432-square foot portion of an undeveloped 20-foot wide dedicated public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (south of Wooldridge Road approximately one mile east of Rodd Field Road unsurfaced roadway). No one appeared in opposition to vacating and abandoning the dedicated pubhc fight-of-way. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 33.b. ORDINANCE NO. 025874 Ordinance abandoning and vacating a 43,432-square foot portion of an undeveloped 20-foot wide dedicated public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (south of Wooldridge Road approximately one mile east of Rodd Field Road unsurfaced roadway); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting July 27, 2004 - Page 15 Mayor Neal referred to the presentations on the day's agenda. The fa'st presentation was a quarterly report from the Economic Development Corporation (EDC). Mr. Ron Kitchens, President and CEO of the EDC, first reviewed the city's cost of living index compared with the national average. The national average COLA score was 100 and Corpus Christi scored 90.9, the lowest score among 18 major U.S. cities. Regarding income growth, Mr. Kitchens said that among other major Texas cities, Corpus Christi has surpassed them in income growth since 2002. Among 18 other mid-size cities in the nation, Corpus Christi was one of only four cities to show positive income growth since 2002. With regard to job growth, Mr. Kitchens said Corpus Christi ranked fourth out of 18 major U.S. cities in positive job growth between 2002 and 2004. Mr. Kitchens reported that the city ranked sixth out of 18 major cities for the lowest cost of doing business. Regarding housing costs, Mr. Kitchens reported that the median home price in Corpus Christi has risen nine percent between 2002 and 2003, from $93,100 to $101,400. New home construction increased by 18.6 percent during the same period, from 978 to 1,160. Existing home sales increased by 10.9 percent, from 3,770 in 2002 to 4,183 in 2003. Single family home building permits have increased by 76 pement between 1999 and 2003. Finally, Mr. Kitchens discussed apa~huent occupancy rates for major cities, noting that Corpus Christi had 97 percent occupancy rotes. Mr. Kitchens stated that Corpus Christi ranked third among the top 20 U.S. industrial cities for the most active industrial cities in the nation by project count. Regarding job creation, Mr. Kitchens provided a list of companies that had announced new jobs in 2003-2004. Of the job growth reported during this time period, he said 80 pement was from existing compames and 20 pement was from relocated companies. Of the new jobs, 2,746 were primar'y jobs and 3,295 were secondary jobs for a total of 6,041 net new jobs. Mr. Kitchens provided a number of statistics regarding the return on investment for these new compames. He said the rate of return on the community's investment was 8421%, with a cost benefit ratioofl to 84.21. The estimated additional annual public revenue projections generated over a ten- year period was $101,053,633. Since the EDC's inception in 2000, Mr. Kitchens reported that 34,837 new jobs (primary and secondary) have been created; $1,160,530,833 in new annual salaries; and $4,744,065,000 in new investment in the cornm~mity. He said the EDC's rate of return on the community's investment was 3,886 percent, and the cost-benefit ratio was I to 38.86. Finally, Mr. Kitchens then discussed a number of national media reports highlighting the city's recent achievements. Forbes Magazine, for example, named Corpus Christi as one of the top 20 cities in America for affordable liousing (May 2003), and Money Magazine named the city as Minutes - Regular Council Meeting July 27, 2004 - Page 16 one of the best places to live on the coast (June 2004). Mr. Kitchens said the EDC worked diligently to inform these publications about the city's achievements, but noted that the publications wouldn't run the stories if they weren't news_ Mr_ Kitchens concluded that contrary to the negativism that often pervades the city about the economy, the EDC believed the city had made significant strides. Mayor Neal called for a brief recess to present proclamations. Mayor Neal called for petitions from the audience. Mr Jack Gordy, 4118 Bray, spoke regarding his concerns about cable franchise fees and inadequate funding for the public access channel. Mr. Danny Noyola, 4410 Acushnet, spoke regarding the re-use of the coliseum as a memorial for veterans, and also asked the city to increase funding for the neighborhood improvement project. Mr. Wayne Hodge with the Corpus Christi Police Officers Association, 3626 Rodwood, spoke regarding his concerns about the impending shortage of police officers. Mr. Joe O~Brien, 4130 Pompano, spoke regarding tax reductions. Mr. Rudy Medina, 5413 Cam, spoke regarding aproblem he encountered at the local landfill involving his proof of identification. Mr. Rolando Garza, 2854 Alvin Drive, spoke regarding inadequate funding for the public access channel_ Mr. Jerome Bradford, 4805 Hamlett Drive, spoke regarding an incident involving the inappropriate conduct of police officers toward Mr. Charles Tryon and Mr. George Hodge, and also spoke regarding problems with the police exper/enced by Ms. Deborah Sutton. Mr. Carlos Torres, 6014 Ayers, spoke regarding a number of fire department issues. Mayor Neal opened discussion on Item 36 regarding the Corpus Christi Business and Job Development Corporation. Assistant City Manager Mark McDaniel provided a brief history on the formation of a proposed community-based collaboration to assist small businesses, funded by a $200,000 Corpus Christi Business and Job Development (4A Board) allocation. He said staff met with an informal small business roundtable, including membership from all the local chambers of commerce and a number of business associations (e.g. Westside, Northwest and Pad.re [sin.nd). He said staff asked these orgamzations what services were missing in the community to assist small businesses. The roundtable participants cited the following two services: a business loan program for unbankable business owners; and enhanced business assistance services, including business counseling, financial planning, and accounting. Mr. McDaniel said that there were several organ/zations that currently assisted small businesses in the community, including the city's Business Resource Center (BRC) funded through the CDBG program, Del Mar College's Small Business Development Center (SBDC) and PTAC, but the services were somewhat disjointed. Staff looked for a way to combine the resources of these groups to provide enhanced business assistance services. As a result, Mr. McDaniel said on August 17, staffwould present the Council with a contract with Del Mar College to serve as the city's Business Resource Center for less money than the city was currently spending, yet would pro,ride enhanced services. Minutes - Regular Council Meeting July 27, 2004 - Page 17 Mr. McDaniel said the Del Mar College contract would provide a number of enhanced services including enhanced outreach to historically underutilized businesses (HUB), legal assistance, and unbankable business direct loan access. Regarding the enhanced outreach to HUBs, he reported that as part of their contract, the city was asking the partnership to pay for a staffmember (at least 30 hours a week) to be located in the Hispanic Chamber. In addition, he said the contract would requh-e an allocation for consistent legal assistance regarding issues like review of contract. Finally, the contract would require two offices for a proposed loan program. Mr. McDa.niel concluded if the board approved staffs recommendations, the BRC would relocate to Del Mar College, and subsequently would offer these enhanced services, house a number of tenants without rent payments, provide legal services, provide for outreach personnel in the Hispanic Chamber, and two offices for the proposed loan program. Mr. McDaniel then reviewed the action ~tems before the Council today. Approval of the first item would amend the 4A Board's guidehnes and criteria for granting business incentives to define small businesses as employers with 49 or less employees. The second item was a contract between the 4A Board and ACCION Texas Inc., the proposed business direct loan access program. Finally, the third item was an agreement between the City and the Board to allow the city to implement and administer the program on the board's behalf. Mr. McDaniel then reported on a survey conducted by the Texas A&M University at Corpus Christi College of Business polling approximately 1,200 businesses in the Renewal Community. The results of the survey were as follows: 46.4% were interested in business loans; 56.6% interested in access to business loans have been in operation for five years or more; 90.2% of businesses interested in access to business loans have less than 30 employees; and 65% of businesses are planmng expansions. Mr. McDaniel introduced Ms. Janie Barrera with ACCION Texas, the proposed loan program company. Ms. Barrera stated that ACCION Texas proposed originating $3.5 million in loans to approximately 290 clients in the Corpus Christi area, creating 70 new pemaanent full-time jobs. She said every $100,000 in local investment created nine new permanent full-time jobs and provided $454,892 in business loans to 96 clients. Ms. Bm-rem provided more information on ACCION Texas. She stated that ACCION was a not-for-profit statewide loan fund committed to empowering diverse individuals and small businesses with limited access to traditional sources of credit. She said they strived to be a sustainable organization that contributes to the economic development of Texas by providing microloans and other services to their clients. Started in 1994, ACCION began with a $50,00~ operational grant, a $125,000 loan for lending, and three full-time employees. Today, ACCION has 1,697 active clients, has disbursed $27,429,077, made 5,398 in loans with a default rate of less than 6 percent, has an active portfolio of $8,150,826, and 29 full-time employees. She said their average loan size is $5,113. Ms. Barrera reported that ACCION Texas has offices in San Antonio, McAllen, Houston, Dallas, Brownsville, Austin, and El Paso. She said the San Antonio office was in charge of the underwriting, the accounting, and the collections for all the locations. Full-time loan officers were placed in each city to work with the customers and then forward the information to San Antonio for Minutes - Regular Council Meeting July 27, 2004 - Page 18 processing. Ms. Barrera reported that ACCION currently had a number of loans in Corpus Christi through referrals from the SBDC. Ms. Barrera provided a list of services provided by ACCION Texas as follows: networking; service referral; establish credit; loans; and auto loans. She said the agency provides assistance to small businesses that fall just beneath bank guidelines and also helps business owners with weak credit and a good capacity to pay loans. In addition, Ms. Barrera said ACCION Texas worked fast, saying that the loan decision and disbursement process took between 10-15 days after the loan interview and after the customer had returned all required information. Ms. Barrera briefly reviewed the results of a study measuring the economic impact of the ACCION Texas program. Of the $22.2 million they have disbursed in loans since their incc'ption, the majority of the money has gone to San Antordo ($8.7 million), followed by the rest of Texas ($2.8 milhon), Rio Grande Valley ($2.7 million), El Paso ($2.5 million), Houston ($2 million), and Austin ($1.5 million). Mr. McDan/el then covered the proposed budget for the Corpus Christi ACCION office. It was a three-year budget (one year with two renewable one-year options), with the goal to become more self-sustaining over time. He said the 4A Board had unanimously endorsed the program, agreeing to contribute $200,000 in 4A funds to cover the loan loss reserve requirernent ($50,000) and the interest rate buy-down program ($150,000). Even with the 4A board's contribution, Mr. McDaniel stated that the operation would need $72,722 in additional funds. He said, however, that a number of financial partners have come forward to make up the difference, most notably the Christus Foundation. The foundation had made a $600,000 contribution, $200,000 of which will go toward the Corpus Christi ACCION operation. Mr. McDamel covered the proposed implementation schedule. On August 3, Del Mar College would consider the SBDC/PTAC contract with the city. On August 17, the City Council would consider the Del Mar College SBDC/PTAC contract. On September 1,2004, ACCIONwould be open for business at the City of Corpus Christi Business Resource Center at SPID. Finally, on March 15, 2005, the center would move to Del Mar College. Mayor Neal asked for public comment. Ms. Sylvia Ford with Frost Bank, Mr. Sean Smith with PTAC, and Mr. Joe Cisneros with the Hispanic Chamber of Commerce, spoke in support of the ACCION Texas program. City Secretary Chapa polled the Council for their votes as follows: 36.a. RESOLUTION NO. 025875 Resolution approving amendment to the Corpus Christi Business and Job Development Corporation's Guidelines and Criteria for Granting Business Incentives to define small businesses as employers with 49 or less employees. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". 36.b. RESOLUTION NO. 025876 Minutes - Regular Council Meeting July 27, 2004 - Page 19 Resolution approving the Corpus Christi Business and Job Development Corporation's contract with ACCION Texas, Inc. for $200,000 fi:om the Business and Job Development Fund No. 1140 to implement a small business loan program for unbankable businesses and offering loans up to $50,00~. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 36 c. RESOLUTION NO. 025877 Resolution authorizing the CityManager or his designee to execute aproject agreement with the Corpus Christi Business and Job Development Corporation ("Corporation") regarding implementation and administration of the agreement between the Corporation and ACCION Texas, Inc. The foregoing resolution was passed and approved with the follow/rig vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 32, and a motion was made, seconded, and passed to open a public heating on the proposed Bond Issue 2004 program. City Manager Noe announced that the five proposed packages were available to the public. He said the city would provide several opportunities over the next several weeks for public comment, including an electronic town hall meeting on August 4 at 6:00 p.m. Mr. Rocco Montesano, representing the U.S.S. Lexington, expressed his concern that projects for the Corpus Christi Beach area were not a priority ~n the proposed bond issue. Mr. Carlos Torres, 6014 Ayers, asked questions regarding the police and fire training facihty and the Southside fire station. A motion was made, seconded, and passed to close the public hearing. Mayor Neal asked for the remainder of the bond issue calendar. City Manager Noe replied that the schedule called for the Council to make a decision on the bond projects at the August 17 meeting, and on the August 24 meeting, they would be asked to adopt the ordinance calhng the election. Mr. Scott stated that constituents in the Flour Bluff area had told hLm that Waldron Road was their highest priority, noting that this project was not included in Options 3 and 4. He also asked what staffs position was on the NAS Acuz Road realignment. City Manager Noe said he would provide information in writing. Minutes - Regular Council Meeting July 27, 2004 - Page 20 Mr. Scott also asked if the street portion of the bay~nt project had to be included with the other street projects. He said he would like to see the bayfi'ont project segregated from the other proposed projects. City Manager Noe replied that Mr. Jeff Leuschel, the city's bond counsel, would be at the next council meeting to advise them on any legal issue pertaining to the bond issue. He said, however, that he understood that all street projects had to be grouped together, so the street projects for the bayfi-ont plan could not be segregated. Mr. Scott stated that he wished to see the bayfi-ont project in the bond issue, but not at the expense of the Waldron Road project. Mr. Kinnison asked staff to include a town hall meeting on the south side of town, perhaps on August 9. He also stated that he preferred not to segregate any of the projects, keeping like projects with like projects. Mr. Colmenero agreed that "like" projects should remain with"like" projects. He also asked for more information on ADA projects and on the allocation for the Corpus Christi Beach project. Mr. Noyola stated that he understood the plan was to hold public meetings in a neighborhood in each district. Staffs current plan was to hold public meetings with different business associations or at city board meetings. City Manager Noe replied that staff could add more meetings. Mayor Neal added that each council member could choose a date and place to hold a meeting. Mr. Noyola also commented that he would like to see the street improvements for the Bayfxont Plan separated fi.om the other slxeet projects. His constituents also indicated to him that they would like to have the park and recreation improvements for the golf and sports complex in the bond issue. Mayor Neal announced the executive sessions, wkich were listed on the agenda as follows: 42. Executive session under Texas Government Code Section 551.071 regarding Robert Partney, et al v. City of Corpus Christi, Civil Action No. C-03-153, m United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 43. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 44. Executive session under Texas Government Code Section 551.087 for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned fi-om executive session and the following motions were passed with the following vote: 42. MOTION NO. 2004-298 Motion to amend the professional services agreement with Denton, Navarro, Rocha, and Bernal in the amount of $30,000.00 for legal services regarding Robert Partney et al v. the Minutes - Regular Council Meeting July 27, 2004 - Page 21 City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenem and Scott were absent. 43. MOTION NO. 2004-299 Motion to amend the professional services agreement with Denton, Navarro, Rocha, and Bemal in the amount of $50,000.00 for fire collective bargaining negotiations. The foregoing motion was passed and approved with the following vote: Neai, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. ************* Mayor Neal referred to Item 35, a presentation updating the Council on the development of the state school property. Assistant Director of Park and Recreation David Ondrias stated that the property was bordered by Greenwood Drive, Home Road and Airport Road. He said the total amount of property acquired by the Industrial Development Corporation was 91.7 acres, 40 acres of which is undeveloped and is included in the parks master plan. Mr. Ondrias provided a brief history regarding the site_ In 1966, he said the State of Texas gave the city permission to operate a "Little League Baseball Project and do other things of a recreational nature". In 1989, CDBG funds were awarded to four youth leagues; the city also subleased part of the tract for fields. In 1999, the Corpus Christi Industrial Development Corporation purchased a 91.7 acre tract from the State of Texas using CDBG funds_ Finally, in 2002, he said the parks master plan included development of a "State School Sports Complex". Mr. Ondrias displayed a map showing the current usage of the park by the following groups: International West. side Baseball League; Sparkling C~ty Girls Fastpitch; Universal Little League; and the Westside Pony Baseball League. Mr. Ondrias then displayed a slide depicting the master plan for parks, highlighting the improvements for the state school sports field. He said the improvements included a new parking area, playscape, adult soccer field, junior soccer field, picnic pavilion, and horseshoe pit. Mr. Ondrias briefly discussed a number of fimding options for the development of the state school property, including the current bond program, a Texas Parks & Wildlife matching grant, CDBG funding, and private contributions. Mr. Colmenero and Mr. Noyola spoke in support of developing the property, noting the need for quality soccer fields in the city. Minutes - Regular Council Meeting July 27, 2004 - Page 22 Mayor Neal opened discussion on Item 39 regarding proposed increased and new marina fees for FY 2004-2005. Assistant City Manager Margie Rose stated that the park and recreation department, with the assistance of the budget and engineering departments, developed a proposed plan for the construction of new boat slips on the Peoples Street T-Head. She said staff was recommending monthly slip rental fee increases for the pleasure craft and commercial craft to pay for the construction of the recommended new boat slips. Ms. Rose said the proposed development of the Peoples Street T-head had six different conslamction components with project costs for each component. She said staffs goal today was to describe the project improvements, in conjunction with the marina fee increases, in more detail, provide staffs recommendation, and provide the Water Advisory Committee's recommendation, which differed fxom staffs recommendation. Mr. Peter Davidson, marina superintendent, briefly covered the estimated project costs for each of the following phases: Phase I - Dock E, Comraercial and Boater Facility- $1,882,000; Phase 1I - Dock F - $800,000; Phase 1II - Dock G - $850,000; Phase IV - Dock H - $700,000; Phase V - Peoples Street Pier - $726,000; and Phase VI - Seafood Market - $1,425,000. The overall project cost for Phases I-VI was estimated at $6,383,000. Mr. Davidson stated that staff determined that if the city wished to complete the project in different phases based on the above estimates, the following boat slips would be constructed: Phases Mil- 118 boat slips- $3,532,000; Phases I-IV - 172 boat slips - $4,232,000; and Phases I-VI - 202 boat slips - $6,383,000. Mr. Davidson said staffs recommendation was to proceed w~th Phases Mil with an estimated cost of $3,532,000 and a slip rental fee increase for commercial boats of 35 percent and recreational boats of 35 percent for the following reasons: the increase would allow the city to construct an additional 118 boat slips; the increase would allow the city to construct the new boat slips in phases; and the city would be able to see if the boat slips were leased before moving to the next phase. Mr. Davidson reviewed the revenue projections for Phases I-Il/. The proposed fee increase for this plan was 35 percent for commercial and recreational boats, and this increase was projected to generate $274,795 in new revenues_ He said the annual debt service to build Phases I-rll was estimated to be $3,532,000. The Water Shore Advisory Committee, by contrast, recommended the construction of Phases I-IV with an additional 172 boat slips. This phasing is estimated to cost $4,232,000 with a slip rental fee increase for commercial boats of 35 percent and recreational boat increase of 50 percent. Mr. Chesneyunderstood that the Water Shore Advisory Committee recommended increasing the marina rates by 21 percent some time ago. He asked why staff had not brought it before the Council until now. City Manager Noe replied that upon review, the 21 percent recommendation would not have been viable. According to the city code, rental rates were set by the department subject to the approval of the city manager. New fees or fee increases that exceeded 25 percent were subject to the Council's approval by motion or resolution. He said staffs recommendation made sense fi'om teclmical and engineering standpoints. City Manager Noe also stated that the marina was Minutes - Regular Council Meeting July 27, 2004 - Page 23 a part of the bayfi-ont plan, and his concern had been that the plan to create more boat slips was consistent with the final bayfi'ont plan. He said bringing the marina plan forward before the bayfi'ont plan had been finalized didn't seem prudent. Mr. Chesney asked Mr. Noe to explain how the proposed increase had gone from 21 percent to 35 percent and/or 50 percent. Mr. Noe replied that capital costs have risen substantially due to necessary design changes to make the project viable. Mr. Chesney also asked how staff knew that adding 1 I8 boat slips would be viable. Mr. Davidson replied that there were currently 200 people on the boat slip waiting list. If staff were to cut this number by 50 percent to provide a conservative estimate, they believed they could fill at least 100 slips m six months. He also said the city had approximately 800 visiting boats each year that would also use the spaces. Mr. Kinnison asked how long it would take to complete Phases I-m City Eng/neer Escobar replied that it would take approximately 18 months. Each additional phase would take approximately nine months. Mayor Neal asked for public comment. Mr. Barry Brown, 4270 Ocean Drive #5, spoke against the Water Shore Advisory Committee's recommendation of a 50 percent increase. He was concerned that the city was trying to attract "megayachts" at the expense of smaller boats. Thus, he recommended implementing Phases I and I/only, requiring a fee increase of 20 percent which most small boat owners could afford. He said this plan would generate new revenues of $181,000, according to his projections. The following individuals spoke against the proposed fee increases: Mr. Andy Feegan of Portland, Texas; Ms. Catherine Connolly, 911 S. Water; and an unidentified gentleman. Water Shore Advisory Committee Chairman Roy Pell, 5022 Rasputin Court, spoke in favor of the Water Shore Advisory Committee's recommendation. Mayor Neal spoke in support of staffs plan because it would fund major improvements, enhance the marina's long-term viability, and attract large-boat owners. Mr. Kelly made a motion to adopt staffs recommendation ofa 35 percent marina fee increase to implement Phases Mil, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 39. RESOLUTION NO. 025879 Resolution authorizing increased and new Park and Recreation Marina Fees for Fiscal Year 2004-2005; and providing for effective date of August 1, 2004. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 37.a. regarding an amendment to the second reading of the budget ordinance. City Manager Noe stated that the amendments reflected the adjustments recommended as part of the city's cost allocation plan. He said the plan also included a one-cent decrease in the property tax as part of Item 38. Minutes - Regular Council Meeting July 27, 2004 - Page 24 Mr. McDaniel added that staffhad received the rollback rates. He said the indications were that the city was seeing a property value rate of 7.3 percent, the largest growth rate since 1985. The proposed one-cent decrease was the l~rgest decrease since 1982. Mr. McDamel noted one change to Section 1, Amendment 2b on page 502 of the agenda packet. He said Amendment 2b should be a reduction of $712,067 instead of $1,137,083, for total revised expenditures of $405,950,096. Mayor Neal stated that this budget was beneficial to both employees and the citizens, providing for essential and enhanced services while still affording a tax decrease. He spoke in support of the proposed budge, saying that the city had come a long way since the 1980s. He also noted that City Manager Noe would be receiving a 3 percent salary increase like the rest of the city employees. Mr. Scott, Mr. Noyola, Mr. Colmenero, and Mr. Kinnison also spoke in support of the proposed budget. Mr. Chesney asked Mr. Noe to address a number of fire issues in writing to the firefighters. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of the tax decrease, but felt it could have been more and that the utility rate increase cancelled it out. Mr. Kelly made a motion to amend Item 37.a. regarding expenditures as noted by Mr. McDaniel, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 37.a. MOTIONNO. 2004-294 Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi Budget for the ensumg Fiscal Year beginning August 1, 2004; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first read'rog on July 13, 2004, by revising Section 1 of the ordinance. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 37.b. ORDINANCE NO. 025878 Adopting the City of Corpus Christi Budget for the ensffmg Fiscal Year be~nning August 1, 2004, to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 38 regarding the adoption of the ad valorem tax rate. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, asked about the rollback Minutes - Regular Council Meeting July 27, 2004 - Page 25 rate. City Secretary Chapa polled the Council for their votes as follows: 38.a. MOTIONNO. 2004-295 Motion setting August 31, 2004 as the date of the adoption of the ad valorem tax rate of $0.634175 per $100 valuation. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 38.b. MOTIONNO. 2004-296 Motion setting a public heating on the ad valorem tax rote for August 17, 2004 during the regular City Council Meeting beginning at 10:0~ a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion Item 40 regarding the vacant building ordinance. City Manager Noe stated that the item was on the agenda because on June 15, 2004, the Council had tabled its consideration to this date. He said, however, that the ordinance would not be ready for their consideration until August 17, 2004, and asked the Council to table the item until that date. Mr. Kinnison made a motion to table Item 40 until August 17, 2004, seconded by Mr. Colmenero, and passed. 40. TABLED LrNTIL AUGUST 17, 2004 First RcadMg Oldln,~l~¢ - Enacting A~ti,,lc 111 of Chat~t,~r 13 of the Code of OMin,~,,~cs to ,,stablish ~., identification, regish,~tion, ~d ,~,fo,,~,~ll~ut vio¢¢ss ·~latcd to vaeo~t lmildil~ and ~hucttu,~, ,md ~,,oviding for p,~,alfies. (Tabled 06/15/04) Mayor Neal opened discussion on Item 41 regarding the adoption of the Bayfront Master Plan. City Manager Noe said Item 41.a. was an amendment reflecting the Council's wish to provide more flexibility on the number of lanes (six or four) on Shoreline Boulevard. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in support of keeping six lanes on Shoreline Boulevard; questioned whether there was enough parking around the coliseum area if it was adapted for re-use; and questioned why the plan was being adopted so quickly in his opinion. City Secretary Chapa polled the Council for their votes as follows: 41.a. MOTIONNO. 2004-297 Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfi:ont Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as Minutes - Regular Council Meeting July 27, 2004 - Page 26 an arterial street with four to six travel lanes between Buford Street and the Bayfzont Convention Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 41.b. ORDINANCE NO. 025880 Amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfi-ont Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. (Fimt Reading - 7/20/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for the City Managers report. City Manager Noe stated that staffwas distributing a presentation schedule for Bond 2004 town hall meetings during the summer break. He said staffwould also post the schedule on the ci~s website. On Monday, August 16, a NIP sustamability meeting would be held at Cunningham Middle School in the Chula V~sta pilot site_ The following items were scheduled for consideration at the August 17 council meeting: recommendation on the Padre Island overlay zone; public heating on the ad valorem tax rate; final review of the Bond 2004 recommendations and projects; recommendations of the NIP sites for 2004- 2005; and the vacant building ordinance. Mayor Neal called for Council concerns and reports. Mr. Noyola asked when the proposed charter revisions were going to be considered for inclusion on the November ballot. City Manager Noe said they would need to be considered on August 17 in order to meet the required deadline. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:50 p.m. on July 27, 2004. 2 COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - Six (6) vacancies with terms two-year temps to 8-31-06 representing the following categories: 4-78415 residents, 1 - Regular mernber and 1 -Youth. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area_ Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State ~uldelines also require that no individual who is emoIo/ed by the Fiscal A~ent (City of Corous Christi) or any orl~anization submittinl~ a vrovosal for lundin2 throul~h the CYD Pro,ram. or their immediate family members, ma,,' serve on the committee. MEMBER TERM *Verla Gene Varino (78415 res.),Chair 8-31-04 .Mil'ed Cardona (78415 Res.) 8-31-05 **Dick Leonard 8-31-04 *Lynda Jean Richter (78415 Residen0 8-31-04 Daniel Ramos 8-31-05 Andrea Walter 8-31-05 Coretta Graham 8-31-05 *Kimberly Rigga.ns (78415 Residen0 8-31-04 *Ellle Cardona (78415 Residen0 8-31-04 Erica Tello (Youth) 8-31-05 **Brittani Booker (Youth) 8-31-04 ORIGINAL APPTD. DATE 9-12-00 1-20-04 4-25-00 8-19-03 12-16-03 8-21-01 4-29-03 4-20-04 3-02-04 12-16-03 12-16-03 *Seeking reappointxaent **Not seeking reappoinlrnent A~TENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Verla Gene Varino (78415) 7 6 Lynda Jean Richter (78415) 7 6 Kimberly Riggans (78415) 2 2 Ellie Cardona (78415) 3 3 % OF ATTENDANCE LAST TERM YEAR 88% 88% 100% 100% (Note: Youth members must be active in the Youth Action Committee and attend a school In the 78415 area. The Youth Action Committee ts recommending Estevan Trevino to fill the Youth position.) OTHER INDIVIDUALS EXPRESSING INTEREST Napolean Johnson Evangelist, Jesus Street Ministries. Has been involved with Beautify Corpus Christi_ Received the Laymen's Certificate of Bible School of the Victory Outreach Church. (Regular member) (1-07-03) Brenda G. Miln Adjunct Professor, Texas A & M University - Corpus Christi. Received B.A. and M.A. from Texas A & M University - Corpus Christi. Interested in getting revolved with cornrmj/tity. (Regular member) (I2-11-03) Jamie Pyle Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering fxom Oklahoma State University_ Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, Atter Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (Regular member)(8-09-04) Billy Ray Sayles Self-employed, Counselor. Received A.S. in Mental Health, B.A. in Psychology and M.S_ m Educational Psychology. Member of the Comm/ttee for Persons with Disabilities, Nuccus County MHRM Board of Trustees, Texas Youth Commission Volunteer Council and the RTA Advisory Committee. (78415 Reslden0 (5-05-04) Lattice M. Sellers F8MTR, Texas Dcpar[ment of Criminal Justice. Graduate of Del Mar College in RTV Commtmicatious. Producer and host of Commuaity Outreach Television Program and a member of the A. Phillip Randolf Institute. (Regular member) 0-02-04) Estevan Trevino Senior, Carroll High School. Activities include: mcntoring, Youth and Government competitions at the district and state level and the YMCA Youth Advisory Committee. (Youth) (8-11..04) CORPUS CHRISTI AREA CONVENTION AND VISITORS BUREAU BOARD - Five (5) vacancies with three-year terms to 7-31-07 representing the following categories: 1 - Attractions, 1 - Transportation, 1 - Lodging, and 2 - At Large. 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 promotional 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 oftbe area and visitors. COMPOSITION: Fifteen (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 - Mr/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, 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 TERM Dave Prewitt (At Large), Chairman 7-31-05 *Tom Schrrdd (Attractions), Co-Chair 7-31-04 Curt L. Broomfield (Restaurant) 7-31-06 Bert Quintanilla (At large) 7-31-05 Govind Nadkarni (At large) 7-31-06 Jody Patel (Lodging) 7-31-05 Bill Goin (Attractions) 7-31-05 Patrick O'Boyle (Restaurant) 7-31-06 *Vangie Chapa {Transportation) 7-31-04 *Bill Morgan (Lodging) 7-31-04 Kevin Latone (Lodging) 7-31-06 * Sandi McNorton (At large) 7-31-04 Foster Edwards (At large) 7-31-06 *John Trice (At large) 7-31-04 Dan Viola (At large) 7-31-05 John Valls (Port of Corpus Christi) Ex-Officio Dave Hamnck (Corpus Christi International Airport) Ex-Officio Ann Vauglm (Coastal Bend Regional Tourism) Ex-Officio Mayor Ex-Officio City Manager Ex-Officio ORIGINAL APPTD. DATE 06-12-01 02-20-01 09-09-03 02-22-00 02-22-00 02-22-00 02-22-00 07-22-03 07-22-03 05-16-00 07-08-03 03-02-04 05 - 11-04 02-22-00 05-08-01 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Tom Schmid (Atlxactions) 11 10 Vangie Chapa (Transportation) 11 10 Bill Morgan (Lodging) 11 10 Sandi McNorton (At Large) 5 5 John Trice (At Large) 11 10 % OF ATTENDANCE LAST TERM YEAR 91% 91% 91% 100% 91% NOTE: The Convention and Visitors Bureau Board of Directors is recommending the reappointment of Tom $chmid (~4ttracti~ns), Vangie Chapa (Transportation), Bill Morgan (Lodging), Sandi McNorton (/it Large) and John Trice (At Large)). Per the Convention and Vtsttors Bureau's agreement with the City, the Board is required to submit more names than vacancies. Therefore, the Board also is submitting Ken $chrom (.4tractions), Debra Bruce (Transportation), Jack Rush (Lodging), Klm Erwin (At Large) and Joe Adame (~4t Large)for consideration. OTHER INDIVIDUALS EXPRESSING INTEREST Gloria C. Aguilar Self-employed tax consultant_ Community activities include: Campfire Girls VITA Coordinator for six years and Del Mar distribution for ten years. (AtLarge) (1-16-03) 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. (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) (8-11-04) 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 £arge) (6-19-01) Dale D. B~ny Director of Development, Texas A&M - Kingsville. B.A. from Howard Pa)ne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (At Large) (1-24-02) Michael Bertuzzi Vice President, Merrill Lynch. Received B.S. in Finance fi.om Oklahoma State and M.A. fi.om Oklahoma City University. (At Large) (4-27-04) Debra Brace Owner/Manager, Thrifty Car Rental_ Member of the Rotary Club of Corpus Christi and past president, KEDT Board of Directors and the Corpus Christi Chamber of Commerce_ Received the award fi.om Y Women in Careers. (Transportation) (8- Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. from New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 fi-om the Greater Mnskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State University, Tahlequah, Oklahoma. (At Large) (10-18-02) Irene Chavez Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication fxom 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. (,,It large) (6-04- O2) Aaron Cooley Executive Director, The Center for One America, Received a B.A. in Anthropology and M.A. in Education fi.om the University of Noffia Carolina. Professional memberships include: American Educational Research Association, Comparative and International Education Society, Popular Culture Association and Philosophy of Education Society. Extensively lxaveled through Central America and Europe. (At large) (3-18-04) Eddie Gamez Al "Beto' Garcia Gerardo M. Garcia Herbie Garcia, Jr. John Garcia Mary Garrett Gnaaalupe Gomez 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 International. One of the founders of the Texas Jazz Festival, which promotes our city both nationally and internationally. Involved with the Texas Jazz Festival Society. (.dr large)(12-05-02) Owner, Hacienda Construction, Inc. Graduate of Del Mar College. Member of the Homebuilders Association, President of the Builders Association and Board of Directors of the Texas Association of Builders. Olt Large) (3-19-04) 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) (7-02-03) Director of Sales and Marketing, Ramada United Airport. Ambassador with the Corpus Christi Chamber of Commerce and a member of the Harbor tights committee. (.,lt £arge) (9-03-03) President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industry. Her company recently rec%mized as one of five largest meeting management companies in Texas. (At Large)(7-02-03) President, Laredo National Bank. B.B_A. in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza. (At t. arge) (7-O2-O3) Liana E. Gonzales J.J. Gottsch Coretta Graham Thomas J_ "Tom" Hallick Doreen M. Harrell Britt Hinkle Attorney, Self-employed. Received B.B_A. fi-om University of Texas and J.D. fxom University of Texas School of Law. Activities include: Texas Employment Lawyers' Association, The Lakes Homeowners' Association and the Cattle Baron's Ball Table Sales Committee. (At Large) (2-26-04) President, Corpus Christi Hooks. Received B.S. fi.om Texas Christian University in Radio- Television-Film Production and additional hours in Mass Media and Spanish Language. Activities include: Board of Directors for the Round Rock Chamber of Commerce, and the American Cancer Society. Received the Round Rock Rotary club's "Shining Star" award for outstanding community service in 2001. (Attractions) (8-11-04) Assistant District Attorney, Nueces County District Attorney's Office. Member of the Nueces County Community Action Agency and the Corpus Christi Young Lawyers Assocation. Currently serves on the Community Youth Development (78415) Program Steering Committee. (At Large) 0-09-04) 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 fxom Chairmanship of Kids Place Addition. (At large) (6-25-02) Community Coordinator, Grande Communications. Recmved B.A. in Communications with a minor in Public Relations f~om Texas A & M University - Corpus Christi. Activities include: Team Grande, Grande Passion and Commitment Investment Club Board Advisor, Corpus Christi Chamber of Commeme and the Corpus Christi Hispanic Chamber. (At £arge) (8-09-04) General Manager, Continential Express. (Transportation) (7-22-03) James Jones J.P. Jordan Sandy Keiser Robert T. Lacy, Sr. Randy Lara David Loeb Mary Ann Lopez Self-employed. Received B.S., M.A and Ph.D. Director of Hotel/Motel/Condo Association, Director of Hospitality Sales and Marketing Association and the Arts and Cultural Commission. Received the Small Business Advocate of the Year award and the President's Award fi.om the Hotel/Motel Association. (At Large) (4-30-04) Owner/Operator, Crystal's Restaurant. Received an Associates degree from Del Mar College and attended Corpus Christi State University and Texas A & I. Member of the Executive Board for Corpus Christi Crime Stoppers. Award the "Wall of Honor" from Del Mar College and Padre Soccer Coach of the Year. (RestauranO (8-29-03) Sales Manager, ThfiRy Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (Transportation) (2-10-00) Ret/red 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) 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) Development Coordinator, Landlord Resources. Received a B.A. in Government and a B.A. in Economics from Slddmore College. Member of the Downtown Management District Parks and Open Spaces Committee and Director of the Heart of Corpus Christi. (At l~arge) (3-31-04) Legal Assistant and local Disc Jockey. Currently the Marketing Director of the South Texas Heart Association. (At Large) 0-15-04) Jiimmy Mitchell Elaine Motl Yvonne Mendez Anna Mercado-Flores John David (J.D.) McDowell Mary McQueen Naval Officer/Substitute Teacher, Retired Military/Flour Bluff Independent School District. Received B.S. fi~m Central State University_ Currently working on A.A. in Hospitality management at Del Mar College. Currently a member of the Navy League_ (At Large) (8-02-04) 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 Windsurflng 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.(At large) (6-27-O2) Owner, Advantage Realty. Received various special courses for Real Estate Broker, and Management in Mortgage Brokerage. Member of the Local State and National Realtors Associations, and the Affordable Housing Committee of the Corpus Christi Board of Realtors. (At Large) (4- 2O-O4) President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commeme. Winner of Outstanding Community Service Award. (At Large) (At £arge)(3-02-02) General Manager, Outback Steakhouse. Works and assists in local charity events. Member of the Coastal Bend Restaurant Association. (RestauranO (S-2S-O~) Marketing, Texas State Aquarium. 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). (7-02-0~) (.turacaons) Frank "Rocco" Montesano Learme Mulholland Corbett "Butch" Pool Jamie Pyle Z. Paul Reynolds Bill Richmond 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) Program Coordinator, Texas A & M University- Corpus Christi. Member of PM Thetta Kappa Honors Club, Corpus Christi Young American Bowling Alliance Board, King Softball Booster Club and volunteer with Cullen Middle School_ (At Large) (2-02-03) 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) (6-22-0D Vice President, Pyle & Associates, Inc_ Received B.S in Civil Engineering from Oklahoma State University. Actixrities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (At Large) (8-09-04) 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. (At Large) (5-11-03) Senior Palmer, Wienerschnitzel. Received B.S. from the Texas A & M University. Member of the CCCC Foundation, Leadership Corpus Christ and FOCUS. (RestauranO (1-08-04) Dr. Keith Rose Self-employed physician. Owner, Katz 21. Received B.S. from Baylor University and M.D. from University of Texas Medical Branch. Member of the American College of Emergency Physicians and Physician liaison form SWAT Team. (RestauranO (5-04-03) Jack Rush Managing Agent/General Manager, Port Royal Ocean Resort Condominiums. Member of the AH&LA/AAA Marketing Task Force. (At Large) (4-21-04) Greg Salvo 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) (7-02-03) Robert Schulte Project Manager, Ocean House. Attended some college. Nominated by Merrill Lynch for "Enterpreneur of the Year" award. (At£arge) (4-07- O4) Bernard (BJ) Seal Owner, Bernard's Deli and Catering Services_ Received a B.A. in Psychology and a minor in speech from Southwest Texas State University. Active in Little League. (RestauranO (7-21-03) Clark Smith Broker, The Village Realty. Received B.A. from Baylor University_ Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (.4t Large) (2-02-04) Jerry Smith Director of Sales, Solomon P. Ortiz International Center. Received an Associates Degree in Hotel Management. Activities include: Coastal Bend Hospitality Sales and Marketing Association, Corpus Christi Hotel/Motel Condo Association, Chamber of Commerce and Convention and Visitors Bureau Industry Partner. (At Large) (4-27- O4) Marilyn K. Spencer Director of Centers for Academic Success & Advising, Texas A&M University42orpus 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 consumer confidence. (At targe) (!2-05-02) Debbie Flores Wallace Executive Director, Corpus Christi Symphony Orchestra_ Received B.A. fxom Corpus Christi State University. Member of the Corpus Christ~ Chamber of Commerce Membership Committee, Boy Scouts, and the Distinguished Citizen Dinner. Large) (2-24-O4) Curtis Weidner 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) MeganM. Welch Office Manager, Moffitt and Associates, Inc_ BBA in Management fi'om 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. Large)(4-25-03) c. PARK AND RECREATION ADVISORY COMMITTEE - Six (6) vacancies with terms to 8-23-05 and 8-23-06. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. MEMBERS *Sandra Billish, Chairperson *Rome Gregorio, Vice-Chaxrperson *Davie Cissna Anne Baker *Dordnda Garza Karen Woodard Gloria C. Aguilar Hunter Young **Clifford E. Bost ***Maria A. Ramos Gregory T. Perkes ORIGINAL TERM APPTD. DATE 8-23-04 9-14-99 8-23-04 8-22-00 8-23-04 8-20-02 8-23-05 9-14-99 8-23-04 8-20-02 8-23-05 8-19-03 8-23-05 4-22-03 8-23-05 5-18-04 8-23-05 4-22-03 8-23-04 2-12-02 8-23-05 4-22-03 *Seeking reappointment **Resigned ***Has exceeded the number of absences allowed by ordinance AI'FENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Sandra Billish 9 7 78% Rome Gregorio 9 9 100% Davie Cisma 9 9 100% Dorrinda Garza 9 7 78% (The Park and Recreation Advisory Board is recommending the reappointment of the four (4) current members and Buddy Sparks and Cart Sudtng as new members.) OTI-IER INDIVIDUALS EXPRESSING INTEREST Kevin Fen'au Asset Manager, Citgo Refining and Chemicals. M.B.A. from Pepperdine University, B.S. in Chemical Enginecn-mg fxom California State C. J_ McKinney Jamie Pyle Buddy T_ Sparks Carl Suding Polytechnic University. Community activities include the following: Padre Soccer League board member, director of player development and coach; City of Corpus Christi Recreation Department volunteer league player. (3-08-02) Student, Texas A & M University - Corpus Christi_ Has volunteered with Loaves and Fishes and Czechfest. Received the National Hispanic Scholar award. Has desire to assist the community. (7-06- O4) Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering fxom Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (8-09-04) Refu-ed Hospital Administrator. Received B.S. fi.om George Washington University and M.A. fi.om South Illinois University. Chair of the Nueces County Appraisal Review Board. Previously served on the Friends of the Park Committee. (7-18-03) Supermtent/Owner, Padre Isles Country Club_ Received B.A. fi.om Morane Vallley College, a Master Certification in Professional Trufgrass Management and is a licensed irrigator and TDA Applicator. Activities include: Beautify Corpus Christi Association Board of Directors, Officer of Padre Isles County Club, Padre Isles Management Corporation and Rotary Club Park Improvement Project. (8-04-04) 3 AGENDA MEMORANDUM City Council Action Date: Au~lust 17, 2004 AGENDA ITEM: Item ^: A Resolution authorizing the City Manager, or the City Manager's designee, to accept an amendment to the grant from the Texas Department of Health authorized in resolution No. 025447 in the amount of $8,000 for health depmb~ent security system improvements. Item B: An Ordinance appropriating a grant in the amount of $8,000 in the No. 1066 health grant fund from the Texas Department of Health for health department secudty system improvements; and declaring an emergency. ISSUE: The Texas Department of Health (TDH) has awarded the Corpus Chdsfi- Nueces County Public Health District an amendment contract in the amount of $8,000 to fund an electronic security system for continuation of upgrading to a Level B laboratory. This item will be paid for completely by the Lab Bioterrodsm Grant. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved budget for FY03--04. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the amended contract which will allow funding of an electronic security system for continuation of upgrading to a Level B laboratory. Michael Silvers, D.O.,M:P.~.''zy'~ Director of Health BACKGROUNDINFORMATION This is an additional $8,000 that is being awarded to the Corpus Chdsfi-Nueces County Public Health District Laboratory to enable the purchase of an electronic secure access system. This system is compatible with the secure access systems used in city hall and the airport which will facilitate technical support, if needed. This system is required to protect and document access to the microbiology laboratory which will possess "select agents" having a potential to be used as agents of bioterrorism. TEXAS DEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Docun~nt No. 7460005741 2004 COUNTY OF TRAVIS Conwact Chan~ No~ic~ No. 05 AIl m-ma and couthtiom not he.by amended ~cmain in full force and dfect_ EXECUrP_.D IN DUPLICATE ORIGINALS ON THE DATE~ SHOWN. CORPUS CHRISTI ici'fY OP3 Authodz~d Contracting E~ity (type ~w if~ff~ ~ ~O AG~ f~ ~ ~ ~ of: P~G AG~: ~s ~-~ ~ P~C ~ D~-r~ (C~ By: (Si~m~ of~ a~ m si~) fName and Title) Dam: RECOMMENDED: By: (PERFORMING AOENCY Director, if different f~m pea~on authorized to sign couWac$ KECEIVING AGe'ICY: ~I'EXAS DEPARTMENT OF ttEALTH By: ~ (Si?nh,re of pa'son authorized to sign) Bob Bua-~tle. Director Procutr~tmnt :iud Conrac-ting Scrvic~ Division (Name and Title) SC PCSD - Rev. 6~4 Cover Page 1 DETAILS OF ATTACHMENTS Al// TDH Program ID/ Texm Direct Total Amount Amd TDH Pu~h~s~ ~ Assistance (TDH Sha~) No. N,,mh~r Begin End Sm.m~ of Amotmt Funds* 01 0000000373 01/01/03 12/31/03 93.116 87,979.00 0.00 87,979.00 LAB/BIO fP_iliR 02A 0000000917 09/01/03 08/31/04 93.283 257,939.00 0.00 257,939.00 03 00000(1(O23 09/01/03 08/31/04 Stale 149,797.00 0.00 149,797.00 BNS/WIC-CARD 04 0000001439 10/01/03 09/3(Y~4 10.557 0.00 0.00 0.~O OPHP/LPHS 05 0000001000 09/01/03 08/31/04 State93.991 117,975.00 18,696.00 136,671.00 TDH Document No_7460005741 2004 Totals Change No. 05 $613,690.00 $18,696.00 $632,386 00 Financial Assistan~ *Federal fu~is are indicated by · number from lhe t-'s, tnlog of Federal Dome:slic Assistance (CFDA), if applicable. R.E.~Iff. I( TO BUDGET SECTION OF ANY Z~ff, RO AMOUNT A'I'FACHMENT FOR DETAILS. Cover Page 2 RESOLUTION AUTHORIZING THE CiTY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT AN AMENDMENT TO THE GRANT FROM 3'HE TEXAS DEPARTMENT OF HEALTH AUTHORIZED IN RESOLUTION NO. 025447 IN THE AMOUNT OF $8,000 FOR HEALTH DEPARTMENT SECURITY SYSTEM IMPROVEMENTS 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 accept an amendment to the grant from the Texas Department of Health authorized in Resolution No. 025447 in the amount of $8,000 for improvements to Health Depart]'nent security system. A~rEST: THE CITY OF CORPUS CHRIS~ Armando Chapa City Secreta~ APPROVED: July 26, 2004 By: Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Aug 17 2004 'l'DH-bioten'orism,doc Corpus Christi, Texas of ,2004 The above resolution 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 2 Aug 17 2004 'rDH-bloterrori~m.doc ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $8,000 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR HEALTH DEPARTMENT SECURITY SYSTEM IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $8,000 is appropriated in the No. 1066 Health Grant Fund f~om the Texas Deparb'nent of Health for Health Department Secudty System improvements. 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 ,2004. ATI'EST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 5, 2004 Lisa Aguilar {~) Assistant C~ Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 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 3 4 AGENDA MEMORANDUM City Council Action Date: AuQust 17, 2004 AGENDAITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $39,716 for HIV prevention services. Item B: An Ordinance appropriating a grant in the amount of $39,716 in the No. 1066 health grant fund from the Texas Department of Health for HIV prevention services; and declaring an emergency. ISSUE: The Health District is in receipt of Attachment #5 to Contract #7460005741-2005 Change No. 5, with the Texas Department of Health. The co~tract provides the Health District with $39,716 in financial assistance for HIV surveillance and prevention. It provides for personnel, fringe benefits, travel, and supplies for the period of September 1, 2004 through August 31, 2005. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: None. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for continuation of HIV surveillance services. Michael Silvers, D.O., M'P'.I~./'~f'/'/y' ~ Director of Public Health BACKGROUNDINFORMA~ON The financial assistance provides for a full-time Public Health Technician position that provides human immunodeficiency virus (HIV) surveillance activities. These activities encompass 9 counties which are Nueces, Aransas, Refugio, San Patdcio, Kleberg, Bee, Jim Wells, Live Oak and Brooks County. This grant ensures that anyone that is diagnosed with HIV/AIDS in this reporting area is notif'~d of their infection, offered partner referral services and referred to appropriate medical and social follow-up agencies. This helps prevent further i,d'e~l, ions and will also assist in reducing the trans,,ission of HIV in these counties. Early medical intervention is less costJy than individuals that seek care in advanced stages of AIDS. DEPAR~ OF STATE meALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS DSHS Document No. 7460005741 2005 . C~ntract Chan~e Notice No. 05 The Department of State Health Services, hereMafter referred W as RECEIVING AGENCY, did here~fore enter into a contract ia writing with CORPUS CHRIb~-NUECE$ COUNTY PUBLIC HEALTH DISTRICT (CITy) hereinafter referred t~ as PERFORMING AGENCY. The partiea thereto now desire m amend such comract nnaclmaent(s) as follows: SUMMARY OF TILMNSAc-I1ON: ATF NO. 05 : tIIV - SURV~H ~LANCE All terma and c~ditinn~ not hereby amended remni~ in full fotr, e and effect. EXECUTm9 IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF) Aultxgiz~ C~nntracfiag l:~y (type above if differem fx~n PERFORMING AGENCY) for and in behnlf o£; PERFORMING AGENCY: CORPUS C21Kl~'~-~ COUNTY PUBLIC f~'.AL'rti DI.~-~'~.ICT (CITY) By: (Sj~m~ of per~on .ne~orL~xl m Da~: RECOMMENDED: By: (PERFORMING AGENCY Director, if different fwm person ~utimrized ~ sign contract RECEIVING AGENCY: DEPARTMENT OF STATE I~EALTtl SERVICE, S By: (Si~nmre of perstm authorized to sign) Bob Buraetle, Director Procur~aent and Contractin~ Services Division (Name and Title) DB PCSD - Rev. 6/04 Cover Page 1 DETAILS OF ATTACHMENTS A~/ DSHS Program ID/ Term Finaru~ial Assistan~ Direct Total Amount ~ DSHS Pu~h~ A~ist~ce (DSHS Share) No. Onlgr N. mher Begin End Source of Ammmt 01 00/X)001621 01t~1/04 12/31/04 93_116 91,523.00 0./30 91,523.00 02A 00(10001760 01/01/04 12/31/04 State93.268 96,233.00 0_00 96,233_00 DIAB/CDSP 03 0000002261 07t~1/04 03/29/05 93_988 89,010.00 0_00 89,010_00 04 C038605000 09/01/04 08/31/05 149,797.00 0.00 149,797.00 HIV/$URV 05 C039131000 09/01/04 0~/31/05 39,716.00 0.00 39,716.00 DSH$ Documem No.7460005741 2005 Tot,als C~ange No. 05 $466,279.00 $ 0.00 $466,279.00 *Federal funds are in~!e~f~-~ by · nnmh~ from the Ca/alog of Fedend Dome~c Assis~amce (Cb'DA), ff applicable_ REFER TO BUDGET SECTION OF ANY 7.~O AMOUNT ATTACHIv[ENT FOR Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $39,716 FOR HIV PREVENTION SERVICES 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 accept a grant from the Texas Deparl]'nent of Health in the amount of $39,716 for HIV prevention services. A'I-FEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 23. 2004 Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor July 27 2004 TDH-HIV. doc Corpus Christi, Texas of ,2004 The above resolution 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 2 July 27 2004 TDH-HIV.doc ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $39,716 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR HIV PREVENTION SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $39,716 is appropriated in the No. 1066 Health Grant Fund from the Texas Depadment of Health for HIV prevention services. 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 23, 2004 Lisa Aguilar Assistant City Attorney for C~ Attomey Samuel L. Neal, Jr_ Mayor Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti 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 ^. Kinnison Jesse Noyola Mark Scott 5 AGENDA MEMORANDUM City Council Action Date: Auqust 17, 2004 AGENDAITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $87,000 for breast cancer cervical care prevention. Item B: An Ordinance appropriating a grant in the amount of $87,000 in the No. 1066 health grant fund from the Texas Department of Health for breast cancer cervical care prevention. ISSUE: The Health District is in receipt of Attachment #2 to Contract #7460005741A-2005 Change No. 1, with the Texas Department of Health. The contract provides the Health District with $87,000 in financial assistance providing for breast cervical cancer screening, diagnostic, and treatment referral services. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: None. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recemmend City Council to approve the contract attachment and appropriate funding for continuation of breast cervical cancer s~eening services. Michael Silvers, D.O., M.P.H. Director of Public Health BACKGROUNDINFORMATION The Breast and Cervical Cancer Control Program was created in 1991 and directed by the Division of Cancer Prevention and Early Detection in the Centers for Disease Control and Prevention (CDC). Texas was one of the first four states to successfully compete for national funding in 1991. Corpus Christi-Nueces County Public Health District applied for and received funding for this program in the same year. BCCCP enables Iow income women to access high quality screening and diagnostic services for breast and cervical cancer. Networks of support from entities such as the American Cancer Society, University of Texas Medical Branch, the Texas Cancer Council and M.D. Anderson Cancer Center have made this program a success in this community. A total of 459 clients have been seen in the past year. CONTRACT FOR PUBLIC HEALTH SERVICES Contract Issued by: (RECEIVING AGENCY) TEXAS DEPARTMENT OF HEALTH 110~ WEST 49TM STI:~,~,I' AUSTIN, TEXAS 78756-3199 Legal Authority to Contrtct: Chapters 12 and 121, H~lth and Safety Code. Venue: The provisions of this Conlract shall i:¢ interpreted in accordance with Texas law. Venue for any court disputes shall i~ m Tmvis Comty, Texas. PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (C1TY) MAILING ADDRESS: P.O. BOX 9727 CORPUS CHRISTI TX 78469-0(~ STREET ABDRESS: 1702 HORNE ROAD CORPUS CHRISTI TX 78469-0000 TDH DOCUMENT NO. 7460~5741C2005 CC NAM~ OF AUTItORIZED CONTRA,Lq'tNG EN'I.tlY: CORPUS C~TI (CITY OF) PAYEE DATA (If not the sarr~ ~s PERFORMING AGENCY or AUTHOR~/.m ~ CONTRACTING EN 1 Il Y; mu~t be on ffie with the Tex~s State Comptrollers Ofl-LCe.): NA/VIE: CITY OF CORPUS CI-[RISTI ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 7846%927'/ (City, State, Zip) State of Te~z Vendor Idenffication No. (14 dlglt~) 17460035741027 PAYEE AGENCY Fiscal Year Ending Month: July PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that aplfly to your b~iness. Small Besme~ - A corporation, sole pmprietomlfip, or other legal entity formed for the pmlx~e of making a profit which is in, t.~od~ntly owned real opemkxt and has fewer hhan 100 employees orhas le~s than $1.000.000 in annual gross rer~npts. I-hsltmcally Underutilized Busineas (HUB) - A coq~ora~on, sole proprietomhip, or joint venture formed for the purpose of mahng a profit in which at least 51% of all cla~ses of the shmm of stock or othex equitable sanunfies are owned by one or more pemons who have been hisWfically u~derulilizod (socially dln.~tv~ntaged) i[~:~tll~ of their id~nfificatio~l ~s membea~ of c~Ftain g~mlps: Bilk American, ltis!am~c American, Asian Pacific Am~icam, Native American, and Wemen. The HUB must be cer~ed by Texas Building and Procurement Commission or another entity. ForPmfitOrgamZation SUMIMARY OF CONTILACT DOCUMENTATION: COVER PAGE 1 - Receiving and Performing Agency Data COVER PAGE 2 - Details or'Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS - 11/2003 A'I-[ACHMENT(S ) EXHII:tlTS, IF APPLICABLE Cover Page I DETAILS OF ATTACHMENTS AW TDH Program ID/ Term Amd TDH Pm'clx,x~ Order No. Number Begin BWH/BC 01 07/01/04 0000002289 TDH Document No,74600(]5741 C2005 Financial Assistance Dn'~t A~istanc~ End Source of Amount Funds* 06/30/05 93.919 87,000.00 0.00 Totals $ 87,000.00 $ 0.00 To[al Amount (TDH Sham) 87,000.~) $ 87,0~0.00 *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), ffapplicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF) Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf off PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALT[I DISTRICT (CITY) By~ (Sign~me of pexson authorize,:[ to sign contrm:~) (Name and Ti tlc) Date: RECEIVING AGENCY NAME: TEXAS DEPARTMENT OF I~EALTH By: Bob Bumette, Director Procu~ment and Contracting Sen4ces Division (Name and Title) RECOMMENDED: By: ~PERFORMING AGENCY Director, if different from l~rson atahorized t~ sign conmact) I..Jsa Agullat~*~'~ AssL~tant CIty~,,~omey For Cit~ Attorney TDH Document No: 7460005741 C2005 Cover Page 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $87,000 FOR BREAST AND CERVICAL CANCER CONTROL AND PREVENTION SERVICES 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 accept a grant from the Texas Department of Health in the amount of $87,000 for breast and cervical cancer control and prevention services. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 12, 2004 By: Lisa Aguilar~~/ Assistant City Attorney for Crty Attorney Samuel L Neal, Jr. Mayor July 27 2004 TDH~reast and c~rvic~l cancer.doc Corpus Chdsti, Texas Day of ,20__ The above resolution 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 APPROPRIATING A GRANT IN THE AMOUNT OF $87,000 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR BREAST AND CERVICAL CANCER CONTROL AND PREVENTION SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $87,000 is appropriated in the No. 1066 Health Grant Fund from the Texas Department of Health for breast and cancer control and prevention services. 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 12, 2004 Lisa Aguilar(_.) Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2004 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 ~t is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr., Mayor City of Corpus Chdsti 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 6 AGENDA MEMORANDUM City Council Action Date: Auaust 17, 2004 AGENDA ITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $222,333 to fund essential public health services such as disease investigation, laboratory services and environmental health services Item B: An Ordinance appropriating a grant in the amount of $222,333 in the no. 1066 health grant fund from the Texas Department of Health to fund essential public health services such as disease investigation, laboratory services and environmental health services; and declaring an emergency. ISSUE: The Health Department is in receipt of Attachment ~ to Contract #7460005741 - 2005 with the Texas Department of Health. The contract provides the Health Department with $222,333 in financial assistance for personnel supporting provision of essential public health services. Services supported under this funding include disease investigation and surveillance, laboratory services and environmental health services. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY03-04. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for continuation of public health services. Michael $ilYers, ~.~., M.P.H. Director of Public Health BACKGROUND INFORMATION This item is an annual renewal of a grant that has bccn provided to the Health District from the Texas Department of Health for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local judsdiction's abilities to provide essential public health services. No matching funds are required. The grant provides for four staff salaries. These salaries are provided though financial assistance to the City in the amount of $222.333. Activities supported by this funding inc_Jude provision of laboratory and environmental health services, diagnosis, investigation, and surveillance and 3revention of communicable diseases, and community health education. DEPARTMENT OF STATE R~.ALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS DSHS Document No. 7460005741 2005 Contract Change Notice No. 06 The Department of State Heakh Services, hereina/hzr referred w ~ RECEIVING AGENCY, did heretofore enter into a c.~n~act in writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinaf~r referred W as PERFORMIlqG AGENCY. The parties thereto now de, ire to amend such conlm~ anaehrn~n~(s) as follows: SUMMARY OF TRANSACTION: A'I'r NO. 06 : OPHP - LOCAL PUBLIC HEALTH SYSTEM All a:rms and conditioaa not I~reby amerwl,~l remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF} Authorized Contr'~dng Eafity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: CORPUS CHR~'II-NUECES COUNTY PUBLIC By: By: (Signature of person amhorized lo sign) Da~e: RECOMMENDED: By: (PERFORMING AGENCY Director, if different from person authorized to sign contract L~a Agullar ~ Assistant City AtteSrney For City Attorney RECEIVING AGENCY: DEPARTMENT OF STATE HEAL'Ill sERVICES (Signature of person authorized to sign) Bob Bumet~. Direclor Pmcurem~t and Cona'ac~ng Servk~ Division (Name and Tide) Cover Page 1 DL PCSD - I~v. 6K~4 DETAILS OF ATTACHMENTS AtI] DSHS Progxam ID/ Term Financial Ass~anea Direct Total Amount Amd DSH5 Purclmse Assistance (DSHS Share) No. Order Number Begin End Source of Amou~ Funds* 01 0000001621 01/01/04 12/31/04 93.116 91,523.00 0.00 91,523.00 02A 0000001760 01/01/04 12/31/04 Slale 93_268 96,233.00 0.00 96,233.00 DIAB/CDSP 03 0000002261 07/01/04 03/29105 93_988 89,010.00 0_00 89,010_00 04 0)38605000 09/01/04 08/31/05 149,797.00 0.00 149,797.00 Hrv/suRv 05 0)39131000 09/01/04 08/31/05 39,716.00 0.00 39,716.00 OPHP/I.,PHS 06 0)39~285000 09/01/04 08/31/05 222.333.00 0.(20 222,333_00 DSHS Doc~me~t No.7460005741 2005 Totals Change No- 06 $688.612.00 $ 0.00 $688,612.00 *F~t~i ~ ~ i,~iea~ by ~ numl~er from th~ ~og of Federal Dom.'dc Assistsne~ (CFI)A). ff applicable. REFER TO BUDGET SEC~ON OF ANY ZERO AMOUNT A'FI~ACHMENT FOR DErrAI]~_ Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $222,333 TO FUND ESSENTIAL PUBLIC HEALTH SERVICES SUCH AS DISEASE INVESTIGATION, LABORATORY SERVICES AND ENVIRONMENTAL HEALTH SERVICES 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 accept a grant from the Texas Department of Health in the amount of $222,333 to fund essential public health services such as disease investigation, laboratory services, and environmental health services. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 5, 2004 By: Lisa Aguilar~---'~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Aug 17 2004 TDH-esentJal health services.doc Corpus Christi, Texas Day of ,20 The above resolution was passed by the following vote: Samuel L. Neal, .Ir. Brent Chesney .Iavier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $222,333 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH TO FUND ESSENTIAL PUBLIC HEALTH SERVICES SUCH AS DISEASE INVESTIGATION, LABORATORY SERVICES AND ENVIRONMENTAL HEALTH SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $222,333 is appropriated in the No. 1066 Hea~ Grant Fund from the Texas Deparb'nent of Health to fund essential public health services such as disease investigation, laboratory services and environmental health services. SECTION 2. That upon written request of the Mayor or f'Ne 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 ,2004. A'I-rEST THECITYOFCORPUS CHRIS~ Armando Chapa City Secretary Approved: August 5, 2004 Lisa Aguilar CJ Assistant City Attomey for C~ Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set for[h in the emergency clause of the foregoing ordinance an emergency exists requiting suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: lANe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 AGENDA MEMORANDUM City Council Action Date: August 17, 2004 AGENDA ITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a Title XX grant from the Texas Department of Health in the amount of $291,750 for family health and family planning services. Item B: An Ordinance appropriating a Title XX grant in the amount of $291,750 in the No. 1066 health grant fund from the Texas DepaH,.ent of Health for family health and family planning services; and declaring an emergency, ISSUE: The Health District is in receipt of Attachment #4 to Contract #7460005741A-2005 Change No. 2, with the Texas Department of Health. The contract provides the Health Department with $291.750 in financial assistance for matemal and child health, and family planning services. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: None. FUNDING: Thero is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for continuation of public health services. Director of Public Health BACKGROUNDINFORMA~ON This item is an annual renewal of a grant that has been provided to the Health District from the Texas Department of Health for many years. The purpose of this funding is to assist indigent residents to achieve family planning goals, to improve their health status, to reduce the number of unintended pregnancies and to positively affect the outcome of future pregnancies. This service will provides assistance to approximately 2000 clients per year. DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS DSHS Document No. 7460005741A2005 Contract Change Notice No. 02 The D~'partment of State Health Services, hexeinaftm' referrexl to as RECEIVING AGENCY, did he~tofore enter into a contract in wriUng with COKPUS CHRISTI-NU~'2F~ COUNTY PUBLIC HEALTH DISTRICT (CITY} hereinafler referred to as PERFORMING AGENCY The parties thereto now desh'e to amend such contract attachment(s) as follows: S~Y OF TRANSACTION: ATTNO. 04: BWH- TITI_,E XX All lerms ~nd condilio~s not hereby amended remain in full force ~md eff~L E,X~L~'I'ED IN DUPLICATE ORIGINAI-~ ON THE DATES SHOWN. CORPUS CHRIS'H (CITy OF) Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in bohalf of: PERFORMING AGENCY: CORPUS CHR1STI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: By: (Signaan'~ of potion authorized to sign) (Name and Title) Date: RECOMMENDED: By: (PERFORMING AGENCY Director, if different from gecr, on authorized to sign contxact RECEIVING AGENCY: DEPARTMENT OF STATE HEALTH SERVICES (Signature of person authorized to sign) Bob Burn. Re, Director Procurement and Conlractinff Services Division (Name and Title) Date: W'W PCSD - Rev. 6/04 Cover Page 1 DETAILS OF ATTACHMENTS AUJ DSHS Program ID/ Term Financial Assistance Dm:ct Total Amount Amd DSHS Purchase Axsistance (DSHS Shm'e) No~ Ordex Numbex Begin End Source of Amount Funds* SEAFOOD 01 C038580000 09/01/04 08/31/05 State 22,500.00 0.00 22,500.00 AC-'FH/FEE 02 C038877000 09/01/04 08/31/05 28,391.00 0.130 28,391.00 ACFII/FEE-F? 03 09/01104 08/31/05 34,524.00 0.00 34,524.00 BWI-mTTLXX 04 038822000 09/01/04 08/31/05 291,750.00 0.00 291.750.00 DSHS Document No.'/460(105741 A2005 To~als C'hange No. 02 $377,165.00 $ 000 $377,165.00 *F-~lexal funds are indicated by a num[~' from the Catalog of laederal Dom~lic Assistanc~ (C'FDA), if applicable. R.~ER TO BUDt~-f SE, C'IION OF ANY Z,l~O AMOUNT ATrACH1VIENT FOR DETAII.'~. Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE Cl'l'~ MANAGER'S DESIGNEE, TO ACCEPT A TITLE XX GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $291,750 FOR FAMILY HEALTH AND PLANNING SERVICES 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 accept a Title XX grant from the Texas Department of Health in the amount of $291,750 for family health and planning services. A'I-FEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 23, 2004 By: Lisa Aguilar~-'~ Assistant City Attomey for City Attorney Samuel L. Neal, Jr. Mayor Ju~ 27 2004TDH-FamI~ Heal. doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Gan'eft Bill Kel~, Rex A. Kinnison Jesse Noyola Mark Scott 2 July 27 2004 TDHq=amiJy Health.doc ORDINANCE APPROPRIATING A TITLE XX GRANT IN THE AMOUNT OF $291,750 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a Title XX grant in the amount of $291,750 is appropriated in the No. 1066 Health Grant Fund from the Texas Department of Health for family health and family planning services. 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 adminis~'ation 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 ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 23, 2004 Lisa Aguilar~_~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti 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 8 CITY COUNCIL AGENDA MEMORANDUM DATE: August 17, 2004 SUBJECT: Laguna Madre Service Area Collection System Rehabilitation (Parent Project No. 7098) AMENDMENT NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $473,097, for a total restated fee of $1,197,967, for the Laguna Madre Service Area Collection System Rehabilitation. ISSUE: The proposed Amendment No. 3 is necessary to prepare the following two (2) items: 1. Construction Plans, Specifications, Bid and Contract Documents for Stage 2, Part C Services - Sewer Rehabilitation Project 2. Abbreviated Sanitary Sewer Evaluation Survey The total fee of $473,097 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Wastewater Department ~f'~el R. Escobar, P. E., Directo'r':---'-r of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map Exhibit "C" Contract Summary BACKGROUNDINFORMATION SUBJECT: Laguna Madre Service Area Collection System Rehabilitation (Parent Project No. 7098) AMENDMENT NO. 3 PRIOR COUNCIL ACTION: 1. January 27, 1998: Award of an engineering contract in the amount of $397,587 to Goldston Engineering, Inc. for the Laguna Madre Service Area: Collection System Rehabilitation (Motion No. M98-013). 2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Goldston Engineering, Inc. in the amount of $77,708 to expand the scope of services of the Laguna Madre Service Area Collection System Rehabilitation Project to include additional services for Closed Circuit Television Inspection (Motion No. M99-356). 3. Apdl 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 for Stage 2 services to the engineering contract with Goldston Engineering, Inc. in the amount of $249,575 for the Laguna Madre Service Area Collection System Rehabilitation Project (Motion No. M2002-100). PRIOR ADMINISTRATIVE ACTION: 1. February 18, 1998 - Executed Geographic Information System (GIS) Data Sharing Agreement with Goldston Engineering, inc. 2. May 5, 1999 - Executed Agreement for Consultant Services with Fugro South, Inc. in the amount of $4,627.50. 3. July 23, 1999 - Executed Amendment No. 1 to the Agreement for Consultant Services with Fugro South, Inc. in the amount of $2,700 for a total re-stated fee of $7,327.50. FUTURE COUNCIL ACTION: Approval of required construction contract. BACKGROUND: The Laguna Madre Wastewaster Treatment Plant serves the Flour Bluff area of the City. Because Flour Bluff is a Iow-lying area with primarily sandy soils, the majodty of the sanitary sewers are in wet conditions because of the high groundwater table. Even during periods of negligible rainfall, tidal conditions can keep the groundwater level high. The majority of the sanitary sewers in Flour Bluff are old and constructed using pipe materials and joints that are no longer considered acceptable. Therefore, groundwater enters the pipe through joints and cracks in the pipe materials. Also, the manholes were constructed using brick and mortar. The mortar chemically reacts with the gases created by the sewage and deteriorates, leaving openings in the manholes for additional infiltration of groundwater. I EXHIBIT"A" I Page 1 of 3 To formulate a long-range program for reducing the amount of infiltration, the City contracted Goldston Engineering, Inc. Goldston Engineering, Inc. has completed Stage 1 services of the contract. Stage 1 services allowed the consultant to isolate and evaluate the sources of inflow and infiltration in three (3) phases as follows: · Evaluation and Data Review Phase · Sanitary Sewer Overflow Study and Analysis Phase · Abatement Plan Phase Amendment No. 1 allowed Goldston Engineering, Inc. to provide oversight and hire a sub-consultant to perform closed circuit television (CCTV) inspections services. The CCTV inspection consisted of internal color television inspection of pipes on VHS format tapes. Included with the tapes are inspection logs of the line segments televised. The logs show the entire line segment, including all connections, defects, infiltration, roots, grease, etc. The information collected through the CCTV inspection assist the consultant in preparation of detailed plans and specifications for a proposed construction project to remedy collection system deficiencies. Amendment No. 2 allowed Goldston Engineering, Inc. to provide two (2) Parts (A and B) Stage 2 services including Part A: Preliminary Phase, Design Phase, Bid Phase, Construction Phase, and Part B: Data Review and Implementation Plan Update services. A sequence of phased projects to rehabilitate, replace, and/or clean lines in the problem areas will be developed in Part B. Remediation work as a result of both parts of this amendment will be done to improve the capacity of lines within existing wastewater collection systems in the Laguna Madre Service Area by reducing/eliminating extra water from extraneous sources. AMENDMENT NO. 3: Amendment No. 3 will provide the following: Staqe 1 - Abbreviated Sanitarv Sewer Evaluation Survey - The Laguna Madre Service Area experiences heavy inflow and infiltration (I/I) during periods of wet weather. Goldston Engineering, Inc. was contracted to perform a Sanitary Sewer Evaluation Survey (SSES) on pads of the Service Area. There are a total of 13 sub- basins. Five basins and parts of two other basins were evaluated. Six basins and parts of two other basins were not evaluated. An SSES report dated June 2001 provided a description of the inspection techniques, results of the inspections, priodtization of repairs (Priority 1 and Priority 2) and cost estimates. The proposed Amendment No. 3 includes preparation of repair plans and specifications for various manhole and sewer line deficiencies. The SSES report will identify system defects in the remaining basins and develop a prioritized list of repairs. Sub-basins C, D, F, G, H, I and the remaining portions of Sub-basins H and K will be evaluated as part of this Abbreviated SSES. The field work will include the following: EXHIBIT "A" Page 2 of 3 I · Manholes to be inspected: 500 (approximate) · Smoke testing of sewer lines: 150,000 linear feet (approximate) · Temporary flow monitoring: 11 sites · Temporary rain gauges: 2 sites · Cleaning and CCTV of sewer lines: 37,500 linear feet (approximate) Stacle 2, Part C Sewer Rehabilitation Project - The City Wastewater Department has identified several deficient collection system lines and manholes that require replacement or rehabilitation including: The force main from the Military Drive Lift Station to the Laguna Madre Wastewater Treatment Plant Lift Station along Jester Street. The existing line is within the Jester Street ROW. A boring crossing will be required at the NAS Ddve intersection. 2. The six manholes on the sewer line from Waldron Road to Cline Road shall be rehabilitated or replaced. There are several housing structures located on NAS-Corpus Christi near the south fence line that have been demolished. There are several sewer connections and cleanouts that remain in the area of the demolished structures that contribute excessive amounts of inflow during rain events. The existing lines that are required to remain in service shall be rerouted as required. The existing lines that are not required shall be plugged at the fence line. Coordination will be required with the NAS-CC Public Works personnel. 4. The existing gravity line that serves the Travel Trailer Lift Station shall be rehabilitated or replaced. The existing gravity line that extends along Laguna Shores and then crosses under SPID is designed as a siphon that has been a high maintenance problem. Two alternatives will be analyzed to eliminate this maintenance problem. 6. The existing gravity line that runs from Oberste Street to First National Blvd. along Compton Road shall be rehabilitated or replaced. EXHIBIT "A" I Page 3 of 3 \ Mproj~c~ \ councilexhlbi~$ \ exh 70~8 dwg Son Potricio County N NUECES BAY CORPUS CHRISTI BAY Nueces County LAGUNA MADRE SERVICE AREA PROJECT # 7098 EXHT_BT_T "B" LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION CITY OF CORPUS CHRIST, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGIN£ERING SER~CES PAGE: I of 1 ~: 05/22/2~3 CONTRACT SUMMARY AMENDMENT NO. 3 LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION (Project No. 7098) 1. SCOPE OF PROJECT Stacle I - Abbreviated Sanitary Sewer Evaluation Survey - The Laguna Madre Service Area (Service Area) experiences heavy inflow and infiltration (I/I) dudng periods of wet weather. Goldston Engineering, Inc. (GEl)was contracted to perform a Sanitary Sewer Evaluation Survey (SSES) on parts of the Service Area. Them am a total of 13 sub-basins. Five basins and parts of two other basins were evaluated. Six basins and parts of two other basins were not evaluated. An SSES report dated June 2001 provided a description of the inspection techniques, results of the inspections, prioritization of repairs (Priority 1 and Priority 2) and cost estimates. Amendment No.1 added cleaning and CCTV of 18,500 linear feet of sewer line, the results of which were incorporated into the SSES report. Amendment No. 2 involved preparation of repair plans and specifications for the Pdodty 1 manhole and sewer line deficiencies and the Priority 2 manhole deficiencies. The repair work was completed by a construction contract in April 2004. Amendment No. 3 includes preparation of repair plans and specifications for various manhole and sewer line deficiencies. The SSES report will identify system defects in the remaining basins and develop a prioritized list of repairs. Sub-basins C, D, F, G, H, I and the remaining portions of Sub-basins H and K will be evaluated as part of this abbreviated SSES. The field work will include the following: · Manholes to be inspected: 500 (approximate) · Smoke testing of sewer lines: 150,000 linear feet (approximate) · Temporary flow monitoring: 11 sites · Temporary rain gauges: 2 sites · Cleaning and CCTV of sewer lines: 37,500 linear feet (approximate) Sewer Rehabilitation Proiect - The City Wastewater Department has identified several deficient collection system lines and manholes that require replacement or rehabilitation including: 1. The force main from the Military Drive Lift Station to the Laguna Madre WWTP Lift Station along Jester Street. The existing line is within the Jester Street ROW. A bored crossing will be required at the NAS Drive intersection. IEXHIBIT"C" I Page 1 of 5 The six manholes on the sewer line from Waldron Road to Cline Road shall be rehabilitated or replaced. There were several housing structures located on NAS-Corpus Christi near the south fence line that have been demolished. There are several sewer connections and cleanouts that remain in the area of the demolished structures that contribute excessive amounts of inflow during rain events. Existing sewer lines enter and exit the NAS Corpus Christi at three locations. The existing lines that are required to remain in service shall be rerouted as required. The existing lines that are not required shall be plugged at the fence line. Coordination will be required with the NAS-CC Public Works personnel. The existing gravity line that serves the Travel Trailer Lift Station shall be rehabilitated or replaced. The existing gravity line that extends along Laguna Shores and then crosses under SPID is designed as a siphon that has been a high maintenance problem. Two alternatives will be analyzed to eliminate this maintenance problem. The results of the Study will include recommendations for repairs and cost estimates will be incorporated into an Engineering Letter Report and submitted to the City. The existing gravity line that runs from Oberste Street to First National Blvd. along Compton Road shall be rehabilitated or replaced. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. IEXHIBIT"C" i Page 2 of 5 3. PROJECTSCHEDULE PROJECT SHEDULE STAGE1 ABBREVIATED SANITARY SEWER EVALUATION SURVEY DAY Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday DATE August25,2004 September1,2004 October27,2004 November17,2004 December8,2004 January 12,2005 March 16, 2005 ACTIVITY Begin Preliminary Phase Complete Meter Site Investigation Complete Flow and Rainfall Monitodng Complete Manhole Inspection Complete Smoke Testing Complete Cleaning and TV Inspection Complete Report DAY Wednesday Wednesday Wednesday Wednesday Wednesday Monday(2) Wednesday Wednesday Tuesday Monday Friday PROJECT SCHEDULE STAGE 2 PART C - SEWER REHABILITATION PROJECT DATE August 25, 2004 September 8, 2004 September 22, 2004 October 20, 2004 November 17, 2004 November 7, 2004 December 6, 2004 December 1,2004 December 8, 2004 December 21,2004 January 24, 2005 June 24, 2005 ACTIVITY Begin Preliminary Phase Submit Preliminary Phase to City Begin Design Phase 60% Submittal Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Award Construction Begin Construction Complete Construction IEXHIBIT "C" I Page 3 of 5 4. FEES Task No. Descnption SUMMARY OF FEES LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION PROJECT NO. 7098 Odginal Amend. Contract No. I BASIC SERVICES A. Stage 1 Evaluation and Data Review Phase 2 I/I- SSO Phase 3 I/I-/M~atement Plan 4 Closed Circuit 7~/ 5 /~J:~breviated Sanitary Sewer Evaluation Survey Subtotal Basic Services Stage I Amend. Amend. Total No. 2 No. 3 Restated Fee FY 2002-03 FY 2004-05 Stage 2 Staqe 2, Par[ A Sewer Rehabilitation Project Preliminary Phase 2 Design Phase 3 Bid Phase 4 Consb~.JCtion Phase Subtotal Basic Services Stage 2, Part A $20,724.00 $0.00 $0.00 $0.00 $20,724.00 311,871.00 0.00 0.00 0.00 311,87%00 B4,992.00 0.00 0.00 0.~ 6.4,992.00 0.00 51,0~.00 0.{N3 0.00 51,058.00 0.00 0.00 0.0'(3 314,122.00 314,122.00 397,587.00 51,0~.00 0.00 314,122.00 762,767.00 Statue 2, Part B Data Review & Implementation Plan Update 5/ Data Review and ImplementaMon Plan Update Staqe 2, Part C Sewer Rehabilitation Project 6 Preliminary Phase 7 Design Phase 8 Bid Phase 9 Construction Phase Subtotal Basic Services Stage 2, Part C 0.00 0.00 45,0[~.00 0.00 45,000.00 0.00 0.00 50,800.00 0.00 ~,800.00 0.00 0.00 4,800.00 0.00 4,800.00 0.00 0.00 11,275.00 0.00 11,275~00 0.00 0.00 111,875.00 0.00 111,575.00 0 00 0.00 11,900.00 0.00 11,900.00 TOTAL BASIC SERVICES 0.00 0.00 0.00 39,050.00 39,050.00 0.00 0.00 0.00 46,550.00 46,850.00 0.00 0.00 0.00 2,500.00 2,500.00 0.00 0.00 0.00 11,100.00 11,100.00 0.00 0.00 0.00 99,500.00 99,500.00 397.557.00 51,058.00 123,775.00 413,622.00 986,042.00 Task No. C. Description SUMMARY OF FEES LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION PROJECT NO. 7098 Original Amend. Contract No. 1 ADDITIONAL SERVICES Stage 1 Evaluation and Data Review Phase 2 I/I-SSO Phase 3 I/I - Abatement Plan 4 Closed Circuit TV 5 Abbreviated Sanitary Sewer Evaluation Survey Subtotal Additional Services Stage 1 Amend. No. 2 FY 2002-03 S~ge2 Surveying 2 Permitting 3 Inspecbon 4 Warranty 5 Drought Contingency Plan 6 Point Repairs 7 Additional Cleaning or CCTV Inspection 8 Toxic Solids of Semi-solids Removal and Disposal Subtotal Additional Services Stage 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Stage 2 Staqe 2, Par[ A Sewer Rehabilitation Proiect Field Investigation for CIPP/CCTV 2 Topographic Survey 3 Construction Observation 4 Waman~ Inspection Subtotal Additional Sen,ices Stage 2, Part A StaRe 2, Part B Data Review & Implementation Plan Update 5 Video Tape Review 6 Field Locate and Inspect Manholes Subtotal Additional Services Stage 2, Part B 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,650.00 0.00 10,000.00 0.00 5,000.00 0.00 10.000.00 0.00 26,650.00 Amend. No. 3 FY 2004-05 StaRe 2, Part C Sewer Rehabilitation Proiect 7 Topographic Survey 8 Construction Observation 9 Warranty Inspection Subtotal Additional Services Stage 2, Part C TOTAL ADDITIONAL SERVICES TOTAL AUTHORIZED FEE 0.00 0.00 $397,587.00 0.00 0.00 0.00 0.00 16,075.00 16,075.00 Total Restated Fee 0.00 0.00 0.00 0.00 16,075.00 16,075.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,650.00 0.00 0.00 10,000.00 0.00 0.00 5,000.00 0.00 0.00 10,000.00 0.00 0.00 26,650.00 0.00 0.00 17,200.00 0.00 0.00 12,100.00 0.00 0.00 6,900.00 0 00 0.00 1,000.00 0.00 0.00 37,200.00 0.00 17,200.00 0.00 12,100.00 0.00 6,900.00 0.00 1,000.00 0.00 37,200.00 0 O0 5,300.00 0.00 83,300.00 0.00 88,600.00 24,000.00 24,000.00 18,400.00 18,400.00 1,000.00 1,000.00 43,400.00 43,400.00 0.00 0.00 5,300.00 0.00 0.00 83,300.00 0.00 0 00 88,600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 26,650.00 125,800.00 59,475.00 211,925.00 $77,708.00 $249,575.00 $473,097.00 $1,197,967.00 Page 5 of 5 9 AGENDA MEMORANDUM DATE: August 17, 2004 SUBJECT: ADA Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street. AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to KJK Construction of Corpus Christi, Texas, in the amount of $142,967 for the ADA Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street. ISSUE: This project will consist of installing curb ramps along select locations recommended by the Committee for Persons with Disabilities to remove access barriers for individuals under the Americans with Disabilities Act (ADA). FUNDING: Funds for this project are available in the Fiscal Year 2003-2004 Community Development Block Grant Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. · g u ices Jonathan Wagner, Acting Director of Neighborhood Services Additional Sulol~ort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tap Exhibit"D" Location Map BACKGROUND INFORMATION SUBJECT: ADA Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street. PRIOR COUNCIL ACTION: 1. May 18, 1999 - Approval of the FY 1999 - 2000 Community Development Block Grant (CDBG) Program (Ordinance No. 023637). 2. May 24, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $31,956 with Martinez, Guy & Maybik for ADA Compliance - Curb Ramp Improvements at the following sites: · Old Robstown Road between Leopard Street and Russell Ddve; · Avers Street between Alameda/Staples and Port Avenue; · Southqate Street within La Armada Housing Project; and · City's Health Clinic located at 5805 Williams Ddve. 3. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. February 24, 2003 - Administrative approval of no cost Amendment No. 1 to an engineering contract with Martinez, Guy & Maybik for ADA Compliance - Curb Ramp Improvements at the [ollowing sites: · Old Robstown Road between Leopard Street and Russell Drive; · Avers Street between Alameda/Staples and Port Avenue; · Southqate Street within La Armada Housing Project; and · City's Health Clinic located at 5805 Williams Drive. PROJECT BACKGROUND: Request for Qualification (RFQ) No. 99-01 (Streets, Storm Water, Wastewater, Water Improvement Projects) was distributed on July 9, 1999 to 109 engineering firms (41 local and 68 non-local). A Letter of Notification regarding the subject projects on RFQ No. 99-01 was distributed on November 2, 1999 to the same 109 engineering firms. In an effort to comply with the Americans with Disabilities Act (ADA), specific City streets have been targeted for improvements to remove barriers to citizen access. Upon project completion, the streets will provide accessibility for the disabled citizens of the community. The proposed project sites reflect areas of priodty as established by the Mayor's Committee for Persons with Disabilities and approved by the City Council for the Community Development Block Grant (CDBG) Program and address needed mobility improvements to specific sites. PROJECT DESCRIPTION: The proposed project was approved for funding with Community Development Block Grant (CDBG) Funds in FY 1999-2000 and FY 2000-2001. The project consists of a two-part Base Bid and two (2) additive alternates. EXHIBIT "A" Page 1 of 2 I The project consists of a two-part Base Bid and two (2) Additive Alternates including: Base Bid Part A: Old Robstown Road Intersections from Bluebonnet to Kenwood -A total of four (4) intersections will be improved with new curb ramp construction and related improvements. The intersections included within these limits are Bluebonnet Drive, North Saxet, Krejci Lane, and Kenwood Drive. This covers the entire west side of the Driscoll Middle School property. The work will entail the construction of twelve (12) new curb ramps and the reconstruction of approximately 653 square feet of sidewalk and 40 square yards of asphalt pavement surface reconstruction. Base Bid Part B: Avers Street between Alameda/Staples and Port Avenue - the intersections for which curb ramp improvements will be provided are Pearse Street (west side), Roosevelt Street (both east and west sides), Painter Street, Southgate Street and Fannin Street. These curb ramp improvements will cover the entire front of the La Armada Housing Project and will allow handicap accessibility through the intersections up to the Ayers and Horne Road west side intersection leading to the Port-Ayers Transfer Station. Additive Alternate No. 1: City Health Clinic located at 5805 Williams - the proposed improvements will be in front of a City/County Health Clinic across the street from Our Lady of Perpetual Help Church and a RTA bus stop location. The proposed work will entail the construction of four (4) curb ramps and related improvements including removing and adding 216 square feet of crosswalk striping, relocating two (2) crossing signs, extending 18-inch RCP at the clinic's driveway entrance into an adjacent ditch by approximately 18 feet and backfilling, and reconstruction approximately 277 square feet of sidewalk. Additive Alternate No. 2: Avers Street Intersection at East Street - Only one intersection will be improved with a new curb ramp construction and related improvements. The work will entail the reconstruction of three (3) curb ramps, approximately 296 square feet of sidewalk, and approximately 17 square yards of asphalt pavement surface reconstruction. BID INFORMATION: The City received proposals from four (4) bidders on July 19, 2004. (See Exhibit "B" Bid Tabulation.) The bids range from $142,967 to $292,537. The engineer's construction estimate was $180,391. Martinez, Guy and Maybik, the City's engineering consultant and city staff recommend that based on Iow bid and satisfactory references, that a construction contract be awarded to KJK Construction of Corpus Christi, Texas in the amount of $142,967 for the ADA Compliance Project at Old Robstown Road and Ayers Street for Base Bids A and B and Additive Alternates No. 1 and No. 2. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by January 2005. EXHIBIT "A"I Page 2 of 2 ADA Compliance Project Old Robstown Road and Ayers Street PROJECT BUDGET August 17, 2004 FUNDS AVAILABLE: ICommunity Development Block Grant Funds FUNDS REQUIRED: Construction (KJK Construction) Construction Contingencies Architect (MGM) Inspection Engineering Reimbursements Administrative Reimbursements Incidental Expenses (Printing, Advertising, etc.) Total ..................................................................................................... $ ESTIMATED BUDGET I $ 203,919.00 I $ 142,967.00 14,296.00 31,956.00 5,700.00 5,000.00 2,500.00 1,500.00 203,919.00 EXHIBIT "B" I Page I o~' 1 TABULATION OF BIDS Page 1 of 4 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo MartJnez, PE DATE: Wednesday, July 14, 2004 TIME OF COMPLETION: 120 Days ADA COMPLIANCE- CURB RAMP IMPROVEMTS OLD ROBSTOWN ROAD & AYERS STREET PROJECT NO. #6124 & #6125 ITEM # DESCRIPTION QTY. UNIT~ *KJK Constr. Co. 4934 Elmhurst C.C., TX 78413 UNIT AMOUNT PRICE PART 'A' - OLD ROBSTOWN ROAD CURB RAMP IMPROVEMENTS A1 MobilizatTFDemobilzatn/Bonds 1 LS 10,000.00 10,000.00 A2. Traffic Control 1 LS 3,000.00 3,000.00 A3 Sawcut Exist. ,~sphalt Pavemt 196 LF 7.00 1,372.00 A4 Sawcut Exist. Conc. SW/Curb 100 LF 9.00 900.00 A5 Remove Existing Sidewalk 1071 SF 5.00 5,355.00 A6 Remove Existing Curb & Gutter 116 LF 6.00 696.00 A7 Remove Exist. Asphalt Pavemt 49 SY 7.00 343.00 A8 Remove Existing Traffic Island 48 SF 11.00 528.00 A9 Remove Existing Tree, 36" Dia. 1 EA 1,000.00 1,000.00 Al0 Remove Crosswalk Stdping 648 SF 3.00 1,944.00 All ADA Curb Ramps & Landings 657 SF 10.00 6,570.00 A12 Reconst. A~phalt Pavement 49 SY 64.00 3,136.00 A13 Adjust Height of Gas Handhole 1 EA 2,500.00 2,500.00 A14 Thermoplastic CW Sffiping 648 SF 8.00 5,184.00 A15 Construct 5" Conc. Sidewalk 653 SF 7.00 4,571.00 A16 Construct Type"A" Header Curb 438 LF 8.00 3,504.00 A17 Typical 6" Conc. Curb & Gutter 20 LF 8.00 160.00 A18 Mod. Curb & Gutter @ Ramps 96 LF 8.00 768.00 A19 Storm Water PPP 1 LS 2,000.00 2,000.00 SUBTOTAL PART 'A' BASE BID (ITEMS A1 -A19) DMB ConstJ'. Co. P.O.Box 71118 C,C., TX 78405 UNIT AMOUNT PRICE CITY'S BUDGETED FUNDS: $145,991 ENGINEER'S ESTIMATE: $180.391.36 *A. Ort[z Constr. 102 Airport Rd. C.C., TX 78405 UNIT AMOUNT PRICE RCM Constructors 7243 UpRiver Rd. C.C., TX 78409 UNIT 1 AMOUNT PRICE 53,531.00 69,413.06 71,189.75 103,722.00 11,927.00 11,927.00 6,000.00 6,000.00 1,000.00 1,000.00 8,409.00 8,409.00 3,500.00 3,500.00 3,700.00 3,700.00 2.79 546.84 3.50 686.00 4.00 784.00 3.20 320.00 5.00 500.00 4.00 400.00 3.56 3,812.76 8.00 8,568.00 5.00 5,355.00 6.28 728.48 30.00 3,480.00 5.00 580.00 14.53 711.97 35.00 1,715.00 5.00 245.00 4.18 200.64 7.50 360.00 25.00 1,200.00 1,290.00 1,290.00 500.00 500.00 1,500.00 1,500.00 2.19 1,419.12 5.00 3,240.00 7.00 4,536.00 25.21 16,562.97 25.00 16,425.00 65.00 42,705.00 43.57 2,134.93 30.00 1,470.00 57.00 2,793.00 235.00 235.00 500.00 500.00 550.00 550.00 7.69 4,983.12 15.00 9,720.00 15.00 9,720.00 9.65 6,301.45 6.75 4,407.75 20.00 13,060.00 12.31 5,391.78 11.00 4,818.00 27.00 11,826.00 25.50 510.00 20.00 400.00 29.00 580.00 25.50 2,448.00 25.00 2,400.00 28.00 2,688.00 1,480.00 1,460.00 2,500.00 2,500.00 500.00 500.00 TABULATION OF BIDS Page 2 of 4 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo MartJnez, PE DATE: Wednesday, August 11, 2004 I~A COMPLIANCE - CURB RAMP IMPROVEMTS D ROBSTOWN ROAD & AYERS STREET OJECT NO. ~6124 & #6125 ITEM ~ DESCRIPTION QTY, UNITS TIME OF COMPLETION: 120 Days KJK CONSTRUCTION COMPANY DMB CONSTRUCTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART'B'-AYERS STREET CURBRAMPIMPROVEMENTS CITY'S BUDGETED FUNDS: $145,991 ENGINEER'S ESTIMATE: $180,391.36 A. ORTIZ CONSTRUCTION & PAVING, INC. UNIT AMOUNT PRICE RCM CONSTRUCTORS INC. UNIT I .~IOUNT PRICE B1 Mobilizatn/Demobilzatn/Bonds 1 LS 5,000.00 5,000.00 8,877.00 8,877.00 6,880.00 6,880.00 11500.00 B2 Traffic Control 1 LS 3,000.00 3,000.00 4,572.00 4,572.00 2,500.00 2,500.00 3,700.00 B3 Sawcut Exist. Asphalt Pavemt 229 LF 6.00 1,374.00 2.79 638.91 3.50 801.50 4.00 B4 Sawcut Exist. Conc. SW/Curb 132 LF 8.00 1,056.00 3.20 422.40 5.00 660.00 4.00 B5 Remove Existing Sidewalk 1452 SF 2.00 2,904.00 3.56 5,169.12 8.00 11,616.00 5.00 B6 Remove Existing Curb & Gutter 112 LF 6.00 672.00 4.37 489.44 25.00 2,800.00 5.00 B7 Remove Exist. Asphalt Pavemt 52 SY 8.00 416.00 11.96 621.92 30.00 1,560.00 5.00 B8 Remove Existing Tree, 24" Dia. 1 EA 1,000.00 1,000.00 1,336.00 1,336.00 500.00 500.00 1,500.00 B9 Fence Relocation 4 LF 30.00 120.00 37.50 150.00 75.00 300.00 27.00 B10 ADA Curb Ramps & Landings 1173 SF 10.00 11,730.00 25.21 29,571.33 25.00 29,325,00 65.00 Bll Reconst. Asphalt Pavement 52 SY 64.00 3,328.00 45.13 2,346.76 30.00 1,560.00 57.00 B12 Construct 5" Conc. Sidewalk 491 SF 7.00 3,437.00 6.19 3,039.29 6.75 3,314.25 19.00 B13 Construct Type 'A' Header Curb 481 LF 8.00 3,848.00 12.31 5,921.11 12.00 5,772.00 27.00 B14 Mod. Curb & Gutter @ Ramps 113 LF 6.00 904.00 25.50 2,881.50 15.00 1,695.00 28.00 B15 Adjust Height of Gas Handhole 1 EA 2,200.00 2,200.00 267.00 267.00 750.00 750.00 550.00 B16 Storm Water PPP 1 LS 1,500.00 1,500.00 1,550.00 1,550.O0 2,500.00 2,500.00 500.00 SUBTOTAL PART 'B' BASE BID (ITEMS B1 - B16) 1,500.00 3,700.00 916.00 526.00 7,260.00 560.00 260.00 1,5OO.00 108.00 76,245.00 2,964.00 9,329.00 12,987.00 3,164.00 550.00 500.00 42,489.00 67,853.78 72,533.75 122,071.00 ITOTAL BASE BID 'A' +'B' I I I I 96,020.00l I 137~-66.841 I 143,723.50l I 225,793.00 TABULATION OF BIDS Page 3 of 4 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo Martinez, PE DATE: Wednesday, August 11, 2004 TIME OF COMPLETION: 120 Days ADA COMPLIANCE - CURB RAMP IMPROVEMTS OLD ROBSTOWN ROAD & AYERS STREET PROJECT NO. #6124 & #6125 ~ DESCRIPTION QTY. UNITS ITEM / KJK CONSTRUCTION COMPANY UNIT AMOUNT PRICE DMB CONSTRUCTION COMPANY UNIT AMOUNT PRICE PART 'C' -WILLIAMS DRIVE CURB RAMP IMPROVEMENTS CITY'S BUDGETED FUNDS: $145,991 ENGINEER'S ESTIMATE: $180,391.36 /L ORT[Z CONSTRUCTION & PAVING, INC. UNIT AMOUNT PRICE RCM CONSTRUCTORS INC. UNIT AMOUNT PRICE C1 MobilLzatn/Demobilzatn/Bonds 1 LS 3,000.00 3,000.00 4,500.00 4,500.00 5,000.00 5,000.00 1,000.00 C2 Traffic Control 1 LS 3,000.00 3,000.00 1,815.00 1,815.00 2,500.00 2,500.00 2,500.00 C3 Sawcut Exist. Asphalt Pavemt 59 LF 7.00 413.00 2.79 164.61 3.50 206.50 4.00 04 Sawcut Exist. Conc. SW/Curb 28 LF 9.00 252.00 3.20 89.60 5.00 140.00 4.00 C5 Remove Existing Sidewalk 176 SF 5.00 880.00 3.56 626.56 12.50 2,200.00 4.00 C6 Remove Existing Curb & Gutter 24 LF 6.00 144.00 6.28 150.72 30.00 720.00 5.00 C7 Remove Exist. Asphalt Pavemt 12 SY 12.00 144.00 14.53 174.36 35.00 420.00 5.00 C8 Remove Exist. CW Stdping 216 SF 7.00 1,512.00 2.10 453.60 5.00 1,080.00 7.00 C9 ADA Curb Ramps & Landings 88 SF 11.00 968.00 25.50 2,244.00 30.00 2,640.00 65.00 C10 Reconst. Asphalt Pavement 12 SY 65.00 780.00 43.57 522.84 35.00 420.00 57.00 Cll Reconst. Asphalt Pavement 18 LF 50.00 900.00 45.66 821.88 40.00 720.00 32.00 C12 Consl]'uct 5" Conc. Sidewalk 16 CY 40.00 640.00 42.31 676.96 20.00 320.00 65.00 C13 Consl]'uct Type "A" Header Curb 277 SF 7.00 1,939.00 9.50 2,631.50 6.75 1,869.75 19.00 C14 Mod. Curb & Gutter @ Ramps 62 LF 8.00 496.00 12.31 763.22 15.00 930.00 27.00 C15 Adjust Height of Gas Handhole 24 LF 6.00 192.00 25.50 612.00 15.00 360.00 28.00 C16 Remove & Relocate Ex. Sign 2 EA 1,500.00 3,000.00 4,250.00 8,500.00 100.00 200.00 150.00 C17 Thermoplastic Crosswlk Striping 216 SF 10.00 2,160.00 9.90 2,138.40 15.00 3,240.00 15.00 C18 SIorm Water PPP 1 LS 2,000.00 2,000.00 875.00 875.00 2,000.00 2,000.00 1,000.00 27,760.25 1165,027.091 22,420.00 I 118,440.001 SUBTOTAL PART 'C' BASE BID (ITEMS C1 - C18) TOTAL BASE BID 'A' + 'B' + 'C' 24,966.25 168,689.751 I 1,0oo.0o 2,500.00 236.00 112.oo 704.00 120.0o 60.00 1,512.00 5,720.00 684.00 576.00 1 ,o4o.00 5,263.oo 1,674.00 672.00 300.00 3,240.00 1,000.0o 26,413.00 252~206.00 TABULATION OF BIDS Page 4 of 4 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo Martinez, PE DATE: Wednesday, August 11, 2004 TIME OF COMPLETION: 120 Days O~L A COMPLIANCE - CURB RAMP IMPROVEMTS D ROBSTOWN ROAD & AYERS STREET IPROJECT NO. #6124 & ~6125 ITEM # DESCRIPTION QTY. UNITS KJK CONSTRUCTION COMPANY UNIT AMOUNT PRICE DMB CONSTRUCTION COMPANY UNIT AMOUNT PRICE PART 'D' - AYERS STREET & EAST STREET RAMP IMPROVEMENTS CITY'S BUDGETED FUNDS: $145,991 ENGINEER'S ESTIMATE: $180,391.36 A. ORTIZ CONSTRUCTION & PAVING, INC. UNIT [ AMOUNT PRICE RCM CONSTRUCTORS INC. UNIT AMOUNT PRICE D1 Mobilizatn/Demobilzatn/Bonds 1 LS 5,000.00 5,000.00 5,040.00 5,040.00 3,000.00 3,000.00 1,000.00 D2 Traffic Control 1 LS 3,000.00 3,000.00 1,639.00 1,639.00 1,000.00 1,000.00 2,500.00 D3 Sawcut Exist. Asphalt Pavemt 105 LF 7.00 735.00 2.79 292.95 3.50 367.50 4.00 D4 Sawcut Exist. Conc. SW/Curb 19 LF 9.00 171.00 3.20 60.80 6.00 114.00 4.00 D5 Remove Existing Sidewalk 556 SF 5.00 2,780.00 3.56 11979.36 8.00 4,448.00 5.00 D6 Remove Existing Curb & Gutter 87 LF 6.00 522.00 4.37 380.19 25.00 2,175.00 5.00 D7 Remove Exist. Asphalt Pavemt 17 SY 8.00 136.00 11.96 203.32 30.00 510.00 5.00 D8 Remove Exist. CW Slriping 128 SF 5.00 640.00 2.20 281.60 5.00 640.00 7.00 D9 Remove & Relocate Ex. Sign 2 EA 1,500.00 3,000.00 4,250.00 8,500.00 100.00 200.00 150.00 D10 Thermoplastic Crosswlk Striping 326 SF 9.00 2,934.00 8.80 2,868.80 15.00 4,890.00 15.00 Dll ADA Curb Ramps & Landings 246 SF 11.00 2,706.00 25.50 6,273.00 30.00 7,380.00 65.00 D12 Reconst. Asphalt Pavement 17 SY 65.00 1,105.00 43.57 740.69 30.00 510.00 57.00 D13 Construct 5" Conc. Sidewalk 296 SF 7.00 2,072.00 9.50 2,812.00 8.00 2,368.00 19.00 D14 Construct Type"A" Header Curb 56 LF 8.00 448.00 12.31 689.36 13.50 756.00 27.00 D15 Typical 6" Conc. Curb & Gutter 58 LF 8.00 464.00 25.50 1,479.00 15.00 870.00 29.00 D16 Mod. Curb & Gutter @ Ramps 24 LF 8.00 192.00 25.50 612.00 15.00 360.00 28.00 D17 Storm Water PPP 1 LS 1,000.00 1,000.00 875.00 875.00 1,000.00 1,000.00 500.00 26,905.00 SUBTOTAL PART 'D' BASE BID (ITEMS D1 - D17) 34,727.07 1,000.00 2,500.00 420.00 76.00 2,780.00 435.00 85.00 896.00 300.00 4,890.00 15,990.00 969.00 5,624.00 1,512.00 1,682.00 672.00 500.00 TOTAL BASE BID 'A'+'B'+'C'+'D'I I 145,345.001 I 199,754.161 I 199,278.251 I 292,537.00 FTle : ~Mproject\councilexhlbi[$\exh6124.dw~7 LOCATION I/AP NOT TO SCAI..~ Wes~es te~ ork PROJECT SITE A.D.A. COMPLIANCE N SH 44 Li C.T--TY PROJECT NO. 6124 LOCAT.~ON MAP NOT TO SCALE EXHIBIT "D" ADA COMPL r. ANCE-CURB RAMP ~.MPROVEMENTS OLD ROBSTOWN ROAD from Leopard St. to RusseJJ Dr. CiTY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEP~ENTOFENGINEERINGSER~IC~ PAGE: 1 of 1 DA~: 08--10-2004 PROJECT SITE A.D.A. COMPLIANCE LOCATr. ON MAP NOT TO SC.4LE Del park park Park Park LOCATION MAP CITY PROJECT No. 6125 NOT TO SCALE ADA COMPL T. ANCE-CURB RAMP T_MPROVEMENTS AYERS STREET fco~ Alameda/Staples to Port Ave. CITY OF CORPUS CHRIC~7~, TEXAS EXHIBIT "D" CITY COUNCIL EXHT_BIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08- 10-2004 10 AGENDA MEMORANDUM DATE: August t7, 2004 SUBJECT: Central Library Children's Area project AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to SaI-Con, Inc. of Corpus Christi, Texas in the amount of $165,800 for the Central Library Children's Area project. ISSUE: This project will provide for the expansion and renovation of the children's area at the Central Library facility. This will be the first expansion of the children's area since the facility was constructed in 1986. FUNDING: Funds for this project are available in the Fiscal Year 2003-2004 Library Capital Improvement Program Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Herbert Canales Director of Libraries ~nj~el R. Escobar, P. E., Director of Engineering Services Additional Sul~l~ort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tap Exhibit"D" Location Map BACKGROUNDINFORMATION SUBJECT: Central Library Children's Area project (Project No. 4297) PRIOR COUNCIL ACTION: 1. Januarv 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for architectural services with Dykema Amhitects, Inc. of Corpus Christi, Texas for the Central Library Children's Area project in the amount of $8,000 for a re-stated total not to exceed the fee of $32,000 (M2004-022) 2. February 10, 2004 - Approval of the FY 03-04 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. April 11, 2003 - Administrative approval of a contract for architectural services with Dykema Architects, Inc. of Corpus Chdsti, Texas in the amount of $24,000 for the Central Library Children's Area project. PROJECT BACKGROUND: The Central Library was originally constructed in 1986 and has not undergone an expansion since its construction. Pdvate funds raised by the Friends of the Library and Charity League are allowing for the expansion and renovation of the Children's area at the Central Library. This project will enlarge the children's area by relocating library staff to space on the second floor and doubling the size and capacity of the current children's area. The proposed renovated space will contain specialized reading areas, house more books and computers and allow the library to serve a greater number of children and programs. BID INFORMATION: The City received proposals from eight (8) bidders on July 21,2004. (See Exhibit "B" Bid Tabulation.) The bids range from $165,800 to 207,000. The architect's construction estimate was $185,000. Dykemas Architects, Inc., the City's architect consultant and city staff recommend that based on Iow bid and past satisfactory completion of other City projects, that a construction contract be awarded to Sal-Con, Inc. of Corpus Christi, Texas in the amount of $165,800 for the Central Library Children's Area project. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by December 2004. EXHIBIT "A"I Page 1 of I CENTRAL LIBRARY CHILDREN"S AREA PROJECT PROJECT BUDGET August 17, 2004 FUNDS AVAILABLE: ILibrary Capital improvement Budget FUNDS REQUIRED: Construction (SaI-Con, Inc.) Construction Contingencies Architect (Dykemas Arch) inspection Engineering Reimbursements Administrative Reimbursements Incidental Expenses (Printing, Advertising, etc.) Total ..................................................................................................... $ ESTIMATED BUDGET 225,880.00 $ 165,800.00 16,580.00 32,000.00 3,000.00 6,000.00 1,500.00 1,000.00 225,880.00 EXHIBIT "B" Page 1of 1 ENGI]NEER'S ~STIMAIFg: $185,090 TOTAL ~&$~ B1D File : \Mproject~councilexhibits~exh4297. dwg LOCATION MAP NOT TO SCALE N LEOPARD ST Z Z MESTINA ST Z LIPAN STREET CO~ANC H E ST. PROJECT #4297 CENTRAL LIBRARY CHILDREN' S AREA Cl7~ OF CORPUS CHRISTI, TEXAS VICINITY MAP U EXHIBIT "D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08- 10-04 11 AGENDA MEMORANDUM City Council Action Date: July 13, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to DMB Construction of Corpus Christi, Texas in the amount of $246,587 for the Holly Road Pump Station Structural and Mechanical Improvements project. ISSUE: This project is necessary to provide structural improvements and modifications to the existing equipment to enhance operations and protect the equipment from further wear and deterioration. FUNDING: Funding is available through the Water Department Capital Improvement Program budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as pres,ented so work may proceed in a timely manner. Director of Water Services ~g~ I~. Escobar, P. E., ~irector of Engineedng Services Additional Sul~l)ort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit "D" Location Map BACKGROUNDINFORMA ON SUBJECT: Holly Road Pump Station Structural and Mechanical Improvements (Project No. 8432) PRIOR COUNCIL ACTION: 1. April 15, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with Coym, Rehmet and Gutierrez for a total fee not to exceed $68,407 for the Holly Road Pump Station Structural and Mechanical Improvements project. 2 Februaw 11, 2004 - Approval of the Fiscal Year 2003-04 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. Mamh 13, 2002 - Addendum No. I to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Nothing anticipated. PROJECT BACKGROUND: The structural and mechanical equipment at the Holly Road Pump Station was constructed in 1970 and is beginning to show signs of wear due to age and exposure to the elements. Some of the odginal structural elements of the five existing pumps have deteriorated over the years and need to be replaced. This pump station provides water to the south side of Corpus Chdsti. This area includes the Flour Bluff and Padre Island areas as well as Nueces County Water Control & Improvement District No. 4 (Port Aransas). Pumps, motors, support structures, and piping are located outside the pump station building and are exposed to the elements on a daily basis. Any breakdowns to this equipment impact water service to the areas. Stress cracks have formed in recent years on the concrete supports for the pumps and discharge piping. Backup power to this facility and water level equipment at both storage tanks is in need of upgrading_ I ExHiBiT "A" II __Page 1 of 2 _.~ PROJECT DESCRIPTION: The proposed project consists of the fabrication of a new pump base, the removal of existing pumps, motors and base, the re-installation of existing pumps and motors and the reinstallation of new pipe supports. Specific work will include: · Removing existing base plates, fabricating and installing new base plates on five pumps, · Removing and replacing six concrete pipe supports, · Rehabilitating seven additional concrete pipe supports, · Providing new couplings for five pumps, · Installing a new level measurement system for two ground storage tanks, · Installing a new uninterruptible power supply system and 24 VDC instrument power supply, SCADA modifications and removal of an existing SKW standby generator and transfer switch. BID INFORMATION: The City received proposals from three (3) bidders on July 28, 2004. (See Exhibit "B" Bid Tabulation.) The bids range from $246,587 to 383,600. The engineer's construction estimate was $364,361. Coym, Rehmet & Gutierrez, the City's engineering consultant and city staff recommend that based on Iow bid and past satisfactory completion of other City projects, that a construction contract be awarded to DMB Construction of Corpus Christi, Texas in the amount of $246,587 for the Holly Road Pump Station Structural and Mechanical Improvements project. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days, with completion anticipated by March 2005. IEXHIBIT "A';'I Page 2 of 2 HOLLY ROAD PUMP STATION STRUCTURAL AND MECHANICAl. IMPROVEMENTS Project No. 8432 PROJECT BUDGET August 17, 2004 FUNDS AVAILABLE: Water Capital Improvement Budget .......................................................... 362,152.00 FUNDS REQUIRED: Construction Contract (DMB Construction) .................................. Contingencies ..................................................................................... Consultant (Coym Rehmel Gutierrez) ....................................... Inspection ............................................................................ Engineering Reimbursements ................................................................. Administrative Reimbursement ................................................................ Misc. (Printing/Advertising) .................................................................... Total Estimated Budget: $ 246,587.00 24,658.00 68,407.00 10,000.00 7,500.00 3,500.00 1,500.00 $ 362,152.00 EXHIBIT "B" I Page 1 of 1 COYM, REHMET & GUTIERREZ ENGINEERING, INC. TABULATED BY: J. Don Rehmet, P.E., R.P.L.S. DATE: Wednesday, July 28, 2004 ENGINEER'S ESTIMATE: $.3~1,361.00 TIME OF COMPLETION: 150 Cal. Da)ca ITEM NO. HOM.Y ROAD PUMP STATION STRUCTURAL AND MECHANICAL IMPROVEMENTS PROJECT NO. 8432 DESCRIPTION BASE BID 'A" DMB CONSTRUCTION P.O, Box 71118 Corpus Chr~U, 'r-x 78405 QTY. UNIT UNFT PRICE AMOUNT JAJ-CO, INC. P.O. Box 273~ Houston, TX 'r722.7 UNIT PRICE AMOUNT I Re~bish ExJsUng F~pe Supports 7 Each $137.00 $958.00 $2,150.00 $15,050.00 $2,800.00 Exhibit Page I of \ Mproject \ Bondi$$ueproject \ exh84 32.dwg kGNES CORPUS N CHRISTI BAY OINT F.M. 4.3 PROJECT LOCATION PROJECT # 8432 L OCA TION MAP EXHIBIT "D" HOLLY ROAD PUMP STATION STRUCTURAL AND MECHANICAL IMPROVEMENTS CITY OF CORPUS CHRISTI CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/10/2004 12 AGENDA MEMORANDUM DATE: August 17, 2004 SUBJECT: Baldwin and Villa Relief Line (Project No. 7310) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Jhabores Construction Company, Inc. of Corpus Chdsti, Texas in the amount of $184,943.50 for the Baldwin and Villa Relief Line Project. ISSUE: The proposed project will provide wastewater utility improvements to serve the new Admiral Linen Laundry Facility, which is under construction at the intersection of Baldwin Boulevard and Agnes Street. This site location is not presently served by wastewater and an extension is required. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater Services Director'of Engineed'ng'Services Additional Sul)l)ort Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit"C" Project Budget Exhibit"D" Location Map BACKGROUNDINFORMATION SUBJECT: Baldwin and Villa Relief Line (Project No. 7310) PRIOR COUNCIL ACTION: 1. Julv 22, 2003 - Approval of the Capital Operating Budget FY 2003-2004 (Ordinance No. 025394). PRIOR ADMINISTRATIVE ACTION: 1. May 17, 2004 - Executed Small NE Agreement with MEI Mavedck Engineering, Inc. for a total fee not to exceed $24,985 for the Baldwin and Villa Relief Line Project. PROJECT BACKGROUND: The proposed project will be installed to serve the new Admiral Linen Laundry Facility, which is under construction at the intersection of Baldwin Boulevard and Agnes Street. This site location is not presently served by wastewater and an extension is required. The project will include the construction of a 10-inch diameter wastewater line from Baldwin Boulevard approximately across from Russell Ddve to the intersection of Baldwin Boulevard with Villa Ddve; and extension of the line approximately 240-feet north on Villa Ddve where it will tie into an existing line. Wastewater discharge from this EPA regulated industry will be diverted to the Broadway Wastewater Treatment Plant. This infrastructure will support the development of the Admiral Linen Laundry Facility, as well as other commercial businesses in the vicinity. The proposed project developed when the opportunity arose to promote economic development with the potential opening of the Admiral Linen Laundry Facility. This endeavor would bdng permanent jobs to the community as well as an economic boost to the City through the sale of utilities such as water and wastewater services. The potential flow from the laundry could become as high as half a million gallons per day. PROJECT DESCRIPTION: The project consists of construction of approximately 1,460 linear feet of new 10-inch diameter PVC gravity sanitary sewer line and six (6) new fiberglass manholes; and rehabilitation of one (1) existing manhole; as shown on the plans and called for in the specifications and contract documents. BID INFORMATION: The City received proposals from five (5) bidders on August 4, 2004. See Exhibit "B" Bid Tabulation. The bids range from $184,943.50 to $264,334. The Engineer's estimated construction cost for the project is $191,415. The City's consultant, MEI Mavedck Engineering, and City staff recommend that the Total Base Bid be awarded in the amount of $184,943.50 to Jhabores Construction Company, Inc. of Corpus Chdsti, Texas for the Baldwin and Villa Relief Line Project. Jhabores Construction Company, Inc. has successfully completed numerous projects for the City of Corpus Christi. EXHIBIT "A" I Page I of 2 CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by November 2004. EXHIBIT "A" Page 2 of 2 I m PROJECT BUDGET BALDWIN AND VILLA RELIEF LINE (Project No. 7310) August 17, 2004 FUNDS AVAILABLE: Wastewater ............................................................... FUNDS REQUIRED: Construction (Jhabores Construction Company, Inc.) ......... Contingencies (10%) ................................................... Contingencies (MEI Maverick Engineering) ...................... Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ $242,582.85 $184,943.50 18.494.35 24,985.00 6,660.00 5,000.00 2,500.00 $242,582.85 Page 1 of 1 Fde : \Mproject\councilexhibits\exh7310.dwg V BEAR ' PROJECT LOCATION z~l~. I L OCA T.~ ON MAP NOT TO SCALE N LEOPARD ST I ~ N SOUTHVIEW PROJECT SITE CITY PROJECT No. 7310 0 r',; VICINITY MAP NOT TO SCALE BALDWIN and VILLA RELIEF LINE CITY' OF CORPUS CHRISTI, TEXAS © PIHE HURON J m ~3- EXHIBT_ T "O" CITY COUNCIL EXHIBIT DEP~E~ OFE~IN£ERINGSER'vTC£S PAGE: I o¢ 1 DATE: 08-10-2004 13 AGENDA MEMORANDUM August 17, 2004 SUBJECT: Wastewater Construction Reimbursement AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a construction reimbursement agreement in the amount of $80,400 with CHRISTUS Spohn Health System for sanitary sewer gravity trunk main, sanitary sewer force main and lift station improvements. Ordinance Appropriating an additional $80,400.00 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay CHRISTUS Spohn Health System for the Construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement, in the area of Elizabeth Street and Third Street; and declaring an emergency. Ordinance authorizing the City Manager, or his designee, execute a Use Privilege Agreement with CHRISTUS Spohn Health System, for the right to construct, operate, and maintain approximately 50 feet of sanitary sewer force main located in the Elizabeth Street right-of-way as indicated in the Use Privilege Agreement to serve the CHRISTUS Spohn Shoreline Hospital Pavilion and Critical Care Tower; in consideration of the deferral of City sanitary sewer main replacement, requiring CHRISTUS Spohn Health System to comply with the specified conditions; and declaring an emergency. FUNDING: Funding is available from the Sanitary Sewer Trust Fund. RECOMMENDATION: Approval of the motion as presented. ~Di-(.Angel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Cost Estimates H:~OME~EVINS\GEN\WASTE~NA\UPA~Spoh n2004~AGENDAMemo doc ADDITIONAL INFORMATION SUBJECT: Construction Reimbursement Agreement- CHRISTUS Spohn Health System BACKGROUND: CHRISTUS Spohn Hospital is building a new Critical Care Center at Morgan and Shoreline. The area is served by an eight-inch (8") sanitary sewer main that is in deteriorating condition. The line has had several backups requiring numerous point repairs to the line. The connection of the Critical Care Center would accelerate the further deterioration of the (8") sanitary sewer main requiring the City to accelerate its repair or replacement. It was determined two most logical alternatives were to: · Install a gravity flow line in Morgan to Third to the manhole at Elizabeth and Third; or · Install a lift station at the new Critical Care facility to divert wastewater from the Pavilion and Critical Care under the buildings to Elizabeth and connect to a manhole serving a ten-inch (10") wastewater main. A drawing showing the location of the two alternatives is attached. See Exhibit B. CHRISTUS Spohn agreed to provide: · Cost estimates; · Estimate of the economic benefit for the new Critical Care Facility and backfill activities of the old Critical Care Space. It was determined the Lift Station had a lower construction costs than the gravity line. The cost estimates for the two alternatives are attached. See Exhibit C. The Critical Care Center and Pavilion infused approximately $74 million into the local construction industry. Approximately 87% of this investment stayed in the local community. The Critical Care Center will provide over 78 full-time jobs. Total salaries and other expenditures will be at least $4,672,512 annually. More importantly this new investment is essential to attract and retain skilled medical personnel that insist on the most modern and technologically advanced facility. REIMBURSEMENT AGREEMENT: CHRISTUS Spohn will: · Prepare the lift station design for review by the City; · Award, contract and pen~orm all contract administration for the project; · Assume ownership operation and maintenance responsibility for the lift station; and · Provide initial funding of construction. EXHIBIT "A" Page 1 of 2 H:~HOME~KEVINS\GEN\WASTEWA\UPA\Spoh n2004~AGENDABkgExhA doc The City of Corpus Christi will: · Review and provide comments on the lift station design; · Issue the necessary use privilege agreement, permit and other documents necessary to expedite the project; and · Reimburse CHRISTUS Spohn in the amount of $80,400 for construction costs upon completion and final acceptance of the lift station. EXHIBIT "A" Page 2 of 2 H '~-IOME~KEVINS\GEN\WASTEWA\UPA~ pohn2004~AGENDABkgExhA doc ~le : \Mproject\councilexhibits\exhOOO1.dwg CITY PROJECT No. XXXX LOCATZON MAP NOT TO SCALE EXHJBr_T "B" CHR[STUS SPOHN CR[TZCAL CA~E FACILITY LIFT STAT[ON FORCE MAIN CI~ OF CORPUS CHRIS~, TEXAS CITY COUNCIL EXHIBIT ~ OEPARTMENT OF ~GINEERING SERV~C~ PAGE: 1 of 1 ___--.-- ~TE: 08-10-2004 ~ WELSH ENGINEERING LI 1~i~ STATION Equipment Installation Plumb/ag Electrical S~.te Lift Slation to Bldg Under B[dg~ Along Elizabelh Rehab Manhole PAVEMENT REPA.BR Driveways Streel Traffic Control CON'lqNGENCY (2%) ENGINEERING CONTRACT ADMIN CITRISTUS SPOHN-SHORELINE LllWr STAT[ON FORCE MAIN 28,00000 7,000.00 5,800.00 3,100.00 52' 330' 470' $ $ $ $ 500 SF 150 SF SUB.TOTAL $ $ $ $ $ $ TOTAL 1,500.00 6,500.00 12,600.00 5,500.00 5,800.00 1,6O0.00 1,500.00 '78,9O0.O0 1,500.00 80,400.00 7,000.00 2,600.{210 90,000.00 02014-I2 ft Station.xla Exhibit C Page 1 of 2 ALTERNATE ORAVITY LINE Existing Manhole Gq Alley & Morgan to El~belh 500' LF Morgan Io EI/zabeth 600' LF 1100 LF of 8" PVC Sewer Gq 575.00/LF = 4 Manholes (~ $3500.00 Traffic Control $ 82,500.00 $ 14,000.00 $ 5,00U.U0 SUB-TOTAL $101,$00.00 Engineering (10%) $ 10,i50.00 TOTAL $ 111,650.00 02014-L~t St~tio~xl~ Exhibit C Page 2 of 2 AN ORDINANCE APPROPRIATING $80,400.00 IN THE SANITARY SL=~NER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY CHRISTUS SPOHN HEALTH SYSTEM FOR THE CONSTRUCTION AND INSTALLATION SPECIFIED IN THE SANITARY SL=WER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT, IN THE AREA OF ELIZABETH STREET AND THIRD STREET; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $80,400.00 from the Sanitary Sewer Trunk System Trust Fund No. 4220 is appropriated to pay Christus Spohn Health System's reimbursement request for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement, located in the area of Elizabeth Street and Third Street. SECTION 2. That upon written request of the Mayor or five council members, copy a~tached, 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 17th day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED '4 ~'~ / z_ ,2004. By: Josepl~Hamey Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas day of ,2004 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garreit Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WI'IH CHRISTUS SPOHN HEALTH SYSTEM FOR THE RIGHT TO CONSTRUCT, OPERATE, AND MAINTAIN APPROXIMATELY 50 FEET OF SANITARY SEWER FORCE MAIN LOCATED iN THE ELIZABETH STREET RIGHT-OF-WAY AS INDICATED IN THE USE PRIVILEGE AGREEMENT TO SERVE THE CHRISTUS SPOHN SHORELINE HOSPITAL PAVILION AND CRITICAL CARE TOWER; iN CONSIDERATION OF THE DEFERRAL OF CITY SANITARY SEWER MAIN REPLACEMENT, REQUIRING CHRISTUS SPOHN HEALTH SYSTEM TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with Christus Spohn Health System (Owner) for the dght to construct, operate, and maintain a private force main that will extend approximately 50- feet in the Elizabeth Street right-of-way in consideration of the deferral of City sanitary sewer main replacement. SECTION 2. That Christus Spohn Health System comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: Owner will be solely responsible for all operation, maintenance and removal of the authorized improvements. An engineering permit will be required for any future repairs to the force main within the City right-of-way. Owner will be required to submit a set of construction drawings of the proposed private force main to the City Engineer for review and approval. 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 17t~ day of August, 2004. H:\LEG-DlRk/oseph\ORD-upa-Spohn.doc A'I'rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to form /'~ .-. ~ / Z.-- ,2004 Joseph Assistant City Attorney For City Attomey H 2LEG-DIR~Jos eph\ORD-up a-Spohn.doc Corpus Christi, Texas .day of ,2004 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or a[ the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~EG-DIRUoseph\ORD-upa-Spotm.doc 14 AGENDA MEMORANDUM August 17, 2004 SUBJECT: Wastewater Construction Reimbursement AGENDA ITEM: a. Motion approving an amendment to the SPA 30 Sanitary Gravity Trunk Main Extension, Lift Station, and Force Main Reimbursement Agreement submitted by Yorktown Oso Joint Venture, to reflect a cost increase of $538,600 for gravity sanitary sewer, force main, lift station, appurtenances, embedment costs, and pavement repair. Ordinance Appropriating an Additional $538,600.00 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to Pay Yorktown Oso Joint Venture for the construction and installation specified in the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Force Main, and Lift Station Construction and Reimbursement Agreement, Located in the south side of Corpus Christi mainly along Airline Road Street right-of-way; and declaring an emergency. ISSUE: Yorktown Oso Joint Venture has an updated cost estimate as the result of detailed design that is greater that the originally approved Agreement. The cost increase is due to additional gravity mains and a higher cost for the lift station. Additionally, the costs of embedment, casings, stubouts, pavement repair, traffic control, utility adjustments and land acquisition were not included in the odginal cost estimate. The developer's consulting engineer has requested the Agreement be amended to reflect the higher cost. FUNDING: Funding is available from the Sanitary Sewer Trust Fund. RECOMMENDATION: Approval of the motion and ordinance as presented. ~ngel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Preliminary & Updated Cost Estimate Exhibit C. Location Map Exhibit D. Ordinance H:\HOM E~EV] N S~ E N\WASTEWA\U PA\Yo rklow~OseS PA302004~AG EN DAMemo.doc ADDITIONAL INFORMATION SUBJECT: SPA 30 Construction Reimbursement Agreement BACKGROUND: Yorktown Oso Joint Venture has requested their Agreement with the City of Corpus Chdsti to administer the construction of a sanitary sewer trunk main, lift station, and force main in compliance with the current Sanitary Sewer Master Plan be amended. Their reimbursement contract provided the cost of reimbursement, as provided by City Platting Ordinance No. 025424, be determined by competitive bidding, but in an amount not to exceed $2,108,755.00. The current cost estimate is $2,753,040. Based on the final design of the project it was determined the cost of certain improvements was underestimated. Other costs were not included in the odginal estimate. The developer is requesting the not to exceed cost be increased by $538,600.00. A copy of the original and updated cost estimates is attached. See Exhibit B. The proposed project will be located in the south side of Corpus Chdsti, starting at the Vineyards Lift Station and extending south along Aidine Road to Rodd Field Road. There it tums south along Rodd Field Road crossing Yorktown Boulevard before the gravity portion ends 2,000-feet past Yorktown Boulevard. At that point, a force main continues 2,500-feet to a lift station. A site map and aedal photograph of the location is attached. See Exhibit C. The project will extend sanitary sewer service for an area over 1,000 acres. The project was designed by Urban Engineering and will be constructed by a pdvate contractor. The design of the trunk main, lift station and force main adheres to all City of Corpus Christi standards and specifications. EXHIBIT "A" Page 1 of 1 H :V-IOM E~KEV] N S ~;EN\WASTEWA\U PA\Yo rklow~Os oS PA302004~AG EN DAB kg ExhA doc PRELI3,iINARY COST ESTIMATE 2~t LS ~tt0,000.~ $tt0.000,~0 3 F~, S2, ~.oo0. ILS ,IO0.CO0.O0 Utbml Englne~lng Exhibit B Page 1 of 1 CORPUS CHRISTI BAY LIFT lO000 500O 0 GRAPHIC SCALE IN FEET 1OOOO EXHIBIT C FIGURE 1 SPA 3O SANll'ARY SE1NE~ GRAVITY TRUNK blNN ID<TENTION LOCATION MAP CORPUS CHRIS'R, TEXAS O9/03 SHEL:-F 1 OF 1 EXHIBIT C FIGURE 2 ~A 30 .SN, JEARY ~ G~A~aTY lRt,'l~ MNN ~ PROPOSED TRUNK MAIN LAYOUT AN ORDINANCE APPROPRIATING AN ADDITIONAL $538,600.00 IN THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY YORKTOWN OSO JOINT VENTURE FOR THE CONSTRUCTION AND INSTALLATION SPECIFIED IN THE SANITARY SEWER GRAVITY TRUNK MAIN, SANITARY SEWER FORCE MAIN, AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT, LOCATED IN THE SOUTH SIDE OF CORPUS CHRISTI MAINLY ALONG AIRLINE ROAD STREET RIGHT-OF-WAY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $538,600.00 from the Sanitary Sewer Trunk System Trust Fund No. 4220 is appropriated to pay Yorktown Oso Joint Venture's reimbursement request for the construction and installation specified in the San~ary Sewer Gravity Trunk Main, Sanitary Sewer Force Main, and Lift Station Construction and Reimbursement Agreement, located in the south side of Corpus Christi, mainly along Airline Road street fight-of-way. 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 17th day of August, 2004. A'II'EST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary APPROVED /4_~_~ /~ Samuel L. NeaI, Jr_ Mayor ,2004. By: Joseph~amey~ Assistant City Attorney For City Attomey Corpus Chdsti, Texas day of ,2004 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti 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 15 AGENDA MEMORANDUM August17,2004 SUBJECT: Wastewater Construction Reimbursement AGENDA ITEM: a. Motion approving an amendment to the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer for Master Plan Lift Station No. 11 and Force Main, to reflect a cost increase of $374,600.32 for sanitary sewer, lift station, appurtenances, and engineering costs. Ordinance Appropriating an additional $374,600.32 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Hogan Development Company for the Construction and installation specified in the Sanitary Sewer Trunk, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement, for the service areas east of Rodd Field Road and south of Holly Road; and declaring an emergency. ISSUE: Hogan Development Company has an updated cost estimate as the result of detailed design that is greater that the originally approved Agreement. The cost increase is due to additional lift site work, increasing the force main size from 10-inches (10") to 12- inches (12"). Additionally, the costs of embedment, casings, pavement repair and various appurtenances were not included in the original cost estimate. The developer's consulting engineer has requested the Agreement be amended to reflect the higher cost. FUNDING: Funding is available from the Sanitary Sewer Trust Fund. RECOMMENDATION: Approval of the motion and ordinance as presented. Angel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Preliminary & Updated Cost Estimate Exhibit C. Location Map Exhibit D. Ordinance H:~HOME~EVINS\GEN\WASTE-WA\UPA~LiflSIation 11~AGENDAMemo.doc ADDITIONAL INFORMATION SUBJECT: Lift Station 11 Construction Reimbursement Agreement BACKGROUND: Hogan Development Company has requested their Agreement with the City of Corpus Christi to administer the construction of a sanitary sewer trunk main, lift station, and force main in compliance with the current Sanitary Sewer Master Plan be amended. Their reimbursement contract provided the cost of reimbursement, as provided by City Platting Ordinance No. 025424, be determined by competitive bidding, but in an amount not to exceed $708,899.68. The current cost estimate is $1,083,500. Based on the final design of the project it was determined the cost of certain improvements was underestimated. The increase in the service area from 430 to 431 acres also contributed to the increased costs. The diameter and depth of the wet well also was increased. The force main was increased from 10- inches to 12-inches. Other costs were not included in the original estimate. Some of the increase is the result of the design changes, but increases in raw materials such as concrete, asphalt and plastics were significant. The developer is requesting the not to exceed cost be increased by $374,600.32. A copy of the original and updated cost estimates is attached. See Exhibit B. The proposed project will be sited per the Sanitary Sewer Master Plan as Revised in 1983. It is approximately 9,500 feet east of the Wooldridge Road lift station. The force main extends along Wooldridge Road to a manhole east of Rodd Field Road. A gravity sewer line then flows along the Wooldridge right-of-way into the Wooldridge Lift Station. A site map is attached. See Exhibit C. The project will extend sanitary sewer service for an area 436 acres. The project was designed by Urban Engineering and will be constructed by a private contractor. The design of the trunk main, lift station and force main adheres to all City of Corpus Christi standards and specifications. EXHIBIT "A" Page 1 of 1 H ~HOM E~EVINS\GENAWASTEWA\UPA~iftStatlon 1 I~AGENDABkgExhA doc 70,212.75 CHANGE Exhibit B I Page 1of I AN ORDINANCE APPROPRIATING AN ADDITIONAL $374,600.32 IN THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY HOGAN DEVELOPMENT COMPANY FOR THE CONSTRUCTION AND INSTALLATION SPECIFIED IN THE SANITARY SEWER TRUNK, SANITARY SEWER TRUNK FORCE MAIN, AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT, FOR THE SERVICE AREAS EAST OF RODD FIELD ROAD AND SOUTH OF HOLLY ROAD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $374,600.32 from the Sanitary Sewer Trunk System Trust Fund No. 4220 is appropriated to pay Hogan Development Company's reimbursement request for the construction and installation specified in the Sanitary Sewer Trunk, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement, for the service areas east of Rodd Field Road and south of Holly Road. 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 17th day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,~,.-,(~ /~-- ,2004. By: .( Joseph~arney Assistant C~ty Attorney For City Attorney Samuel L. Neal, Jr. Mayor Exhibit D Page 1 of 2 Corpus Christi, Texas day of ,2004 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: lANe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Exhibit D Page 2 of 2 16 CITY COUNCIL AGENDA MEMORANDUM DATE: August 17, 2004 SUBJECT: Infiltration / Inflow Remediation and Collection System Rehabilitation AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract For Professional Services with Urban Engineering in the amount of $1,089,833.65 for a total restated fee of $2,303,534.05 for the Inflow/Infiltration Area Collection System Rehabilitation project. ISSUE: In order to continue with the City's program to reduce and eliminate Inflow and Infiltration in the Broadway Basin Collection System, additional work is being proposed under this contact amendment. FUNDING: Funding is available from the FY 2003-2004 Wastewater Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department /~/'Okngel R. E., Director of Engineering Services Additional Sul313ort Material: Exhibit "A" Background InforTnation Exhibit "B" Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Infiltration/Inflow Collection System Rehabilitation (Project #7025) PRIOR COUNCIL ACTION: 1. January 20, 1998 - Award of an engineering services contract to Urban Engineering in the amount of $743,783 for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program (M98-007). 2. December 15, 1998 - Award of construction contract to Jalco, Inc. in the amount of $625,795 for the Carolyn Heights and Sunnybrook/Mansheim Wastewater Collection System Rehabilitation Program. (M98-419). 3. Auciust 24, 1999 - Award of construction contract to Chief Contracting, Inc. of Houston, Texas in the amount of $959,278 for the Allison/Broadway/Greenwood/Oso Basins 15" Diameter and Larger Sewer Lines Cleaning project. (M99-283). 4. October 12, 1999 - Award of an amendment to an engineering services contract to Urban Engineering in the amount of $205,260 for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program (M99-357). 5. Februar,/10, 2004- Approval of the FY 2003-04 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. September 16, 1999- Award of Amendment No. 1 in the amount of $11,357.40 to Urban Engineering for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. 2. March 30, 1999 - Approval of Change Order No. I in the amount of $3,289 with Jalce, Inc. for a total restated fee of $629,064 for construction of one (1) four-foot manhole. 3. March 30, 1999- Approval of Change Order No. 2 in the amount of $24,497.50 with Jalco, Inc. for a total restated fee of $653,581.50 for reestablishing service lines. 4. December 31,2001 - Award of Amendment No. 4 in the amount of $14,900.00 to Urban Engineering for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. FUTURE COUNCIL ACTION: 1. Approval of required construction contracts. 2. Approval of stage two design services. PROJECT BACKGROUND: Sanitary sewer overflows are caused by excessive infiltration of groundwater and inflows of surface water (I/I) into the collection system during rainfall events. Failure to clean wastewater lines contributes to an increased dsk and frequency of sanitary sewer overflows. Conditions that contribute to the high I/I include: 1. Diminished line capacity due to grease/trash buildup; EXHIBIT "A" Page 1 of 2 2. Tree root infestation; 3. Clogged lines; 4. Broken wastewater lines; and 5. Leaking/damaged manholes. The areas where the greatest problems exist are in some of the older sections of the City including portions of the Allison, Broadway, Oso and Greenwood wastewater collection basins. This project will quantify the existing conditions and propose corrective measures to decrease I & I and increase life expectancy of the sewer trunk mains in the Broadway Basin Service Area. This multi-year project to minimize sewer overflows has made significant improvements in the city-wide I & I rehabilitation program in the past few years. The odginal contract was authorized January 20, 1998 and consisted of several sewer line rehabilitation projects, a sewer line cleaning project and a Sanitary Sewer Evaluation Study (SSES). The specific projects include: · Plans and specifications were prepared for sewer line rehabilitation in the Carolyn Heights/Sunny Brook-Mansheim areas (#7133). · Plans and specifications were prepared to clean selected sewer lines greater than 15" in the Oso, Broadway, Greenwood and Allison basins (#7025). · Flow monitoring was conducted in 10 sub-basins of the Broadway basin and an SSES was conducted on the three high priority sub basins (#7226). · A sanitary sewer overflow and inflow and infiltration (SSO-I/I) study and report were prepared for the Allison and Greenwood basins (#7025). · Plans and specifications were prepared for the pdority 1 sewer line rehabilitation and pdodfy 1 and 2 manhole rehabilitation as identified in the Broadway basin SSES (#7226). · Plans and specifications were prepared to clean selected sewer lines less than 15" in diameter in the Oso, Broadway, Greenwood and Allison basins (#7225). Amendment No. 5: In order to continue with the City's program to reduce and eliminate Inflow and Infiltration in the Broadway basin collection system three new projects are proposed, (Amendment No. 5) a sewer line cleaning project, a sewer line rehabilitation project and an abbreviated Sanitary Sewer Evaluation Study (SSE$). The sewer line- cleaning project will develop plans and specifications to clean selected sewer lines greater then 15" in diameter. The sewer line rehabilitation project will develop plans and specifications to rehabilitate the pdodty two sewer lines that were identified in the 1998 SSES. As stated above, in 1997 the Broadway basin was divided into 10 sub-basins and an SSES was conducted on the three worst basins. The third project is an abbreviated (or find and fix) SSES, which will assess the condition of manholes and sewer lines in the seven remaining sub-basins in the Broadway basin. The data collected from the SSE$ will be used to prepare plans and specifications for a sewer line rehabilitation project (Stage II not authorized under this amendment). EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY AMENDMENT NO. 5 INFLOW / INFILTRATION AREA COLLECTION SYSTEM REHABILITATION The City of Corpus Chdsti, Texas herein after called "City" and Urban Encllneerln¢l herein after called "Engineer" agree to the following amendments to the Contract for Engineering Services for Infiltration/Inflow {I/I) Collection System Enhancement Program, as authorized and administratively amended by: Odginal Contract Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 January 20, 1998 September 10, 1999 October 12, 1999 July 17, 2001 December 31,2001 Motion No. 98-007 Administrative Approval Motion No. M99-357 Motion No. M2001-263 Administrative Approval $743,783.00 $11,357.40 $205,260.00 $238,400.00 $14,900.00 SECTION II. SCOPE OF SERVICES F. Miscellaneous Sewer Line Cleaning 1. Basic Services will be amended as follows (Design performed by NE then Deleted): SCOPE OF PROJECT Delete cleaning and televising of approximately 7,100 LF of sanitary sewer in the Del Mar area from the contract documents, as identified by the Wastewater Department. (This work was added to the contract in Amendment No. 4 and was then deleted at the 100% design review meeting in February 2002). Prepare plans and specifications for pipe bursting of approximately 11,700 LF of 6" wastewater lines to 8" in the Del Mar area. (This work was added at the 100% design review meeting in February 2002 and then deleted in December 2002). Prepare letter report to assess rehabilitation options for approximately 720 LF of 36" wastewater line under 1-37. (The work was deleted from the contract when it was changed back to a cleaning only contract). Prepare plans and specifications to CIPP approximately 795 LF of 27" wastewater line from Turkey Creek to the Allison wastewater treatment plant. (The work was deleted from the contract when it was changed back to a cleaning only contract). AMENDMENT No. 5 Page 1 of 5 Add cleaning and televising of approximately 2,700 LF of 36" wastewater line parallel to the Salt Flats Drainage Ditch between Winnebago and West Broadway to the contract documents. (This work was deleted pdor to finalizing the design due to construction timing and added to a contract with another A/E). Add cleaning and televising of approximately 8,300 LF of 15" to 27" wastewater line in the vicinity of 1-37 and the Cross Town Expressway to the contract documents. (This scope of work was added to the contract after Amendment No. 4). SECTION II. SCOPE OF SERVICES will be amended to include a new subsection , G. Cleaning of Additional 15" and Larger Lines in the Broadway Basin, as follows: G. Cleaning of Additional 15" and Larger Lines in the Broadway Basin 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and wdtten authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES PROJECT SCHEDULE G. CLEANING ADDITIONAL15"ANDLARGER LINESIN THE BROADWAY BASIN DAY Wednesday Wednesday Wednesday Monday Monday July 14, 2004 July 28, 2004 August 4, 2004 October 4, 2004 October 18, 2004 DATE ACTIVITY Notice to Proceed Preliminary Phase Begin Design 100% Submittal City Review Complete AMENDMENT No. 5 Page 2 of 5 Monday Monday Wednesday Wednesday Monday Monday November 1,2004 Nov 8, 2004/Nov 15, 2004 November 17, 2004 December 1,2004 January 3, 2005 Apdl 4, 2005 Monday May 2, 2005 Submit final Sealed Plans and Specifications Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction ConstruclJon Complete/Start Review Post-Cleaning Tapes Submit Summary Report H. ClPP REHABILITATION OF SANITARY SEWER LINES IN THE BROADWAY BASIN DAY DATE ACTIVITY I .W..ednesday I July 14, 2004 [ Notice to Proceed Monday Monday Monday Tuesday Tuesday Tuesday Tuesday Tuesday Monday Monday Wednesday Wednesday Fdday Thursday November 29, 2004 December 13, 2004 November 29, 2004 March 29, 2005 April 12, 2005 July 12, 2005 July 26, 2005 August 9, 2005 August 15, 2005 August 22, 2005 August 24, 2005 September 7, 2005 October 7, 2005 October 7, 2006 Submit Report to City City Review Complete Begin Stage II Design 60% Submittal City Review Complete 100% Submittal City Review Complete Submit Final Plans and Specifications Advertise for Bids Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Complete AMENDMENT No. 5 Page 3 of 5 C. I. ABBREVIATED SSES OF SEVEN REMAINING SUB-BASINS IN THE BROADWAY BASIN DAY Wednesday July 14, 2004 Wednesday July 28, 2004 Monday February 28, 2005 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DATE ACTIVITY Notice to Proceed Preliminary Phase Summary Report Due City Review Complete Begin Stage II Design Phase 60% Submittal City Review Complete 100% Submittal City Review Complete Submit Final Plans and Specs. Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Complete SECTION iV. FEES Summary of Fees shall be modified by the following additions: See attached spreadsheet. AMENDMENT No. 5 Page 4 of 5 CITY OF CORPUS CHRISTI AMENDMENT NO. 5 SUMMARY OF FEES 1.) OHglnal Contract Basic .Ser~ ces Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services Field Staking Mapping Inspection __ Warranty Phase Recommendations Subtotal Add'l Servlces Original Cone'act Total 'PART A I~.aa~T'B PARTC p.a~l' D ' PART E PART F PART G PART H PART I Carolyn I. hle ~ AJllsoa Review Misc. Line Cleaning ClPP Helght~ & Cleaning S80 & I/] Greenwood Cleaning Cleaning of Add'l. Rahab. SSES TOTAL Sunnybrook (ProJ.;Ir/025'As, s~ment SSO V~deotap, e~ (PmJ.#7225) 15' of Sewer Mansh4dm (ProJ. ~'/226) (ProJ. #7025) (ProJ. ;Ir/025) Sewer (PreJ. ~"/133) Unes $3,060,00 $20,300,00 $1,870.00 $8,010.00 $33,240.00 $3,400.00 $1,800.00 $5,100.00 $1,700.00 $12,000.00 $.45,240.00 $4%400.00 $263,247.00 $105,228.00 $412,935.00 $14,725.00 $47,520.00 ...... $62,545.00_ $2,040.00 $80,833.00 $84,743.00 $6,650.00 $133,500.00 $14.8,160.00 $64,815.00 $525,100.00 $105,228.00 $728,383.00 $1,700.00 $1,7O0.00 $3,400.00 $68,215.00 $525,100.O0 $105,228.00 $3,400.00 $1,8O0.00 $6,8O0.00 $1,7O0.00 $1,700.O0 - $15,400.00 _ $743,783.00 EXHIBIT C Page I of 4 ~2.) Ammtdmenl No. 1 Basic Services Preliminary Phase Amendment No. 1 Total (0S~0~S) Told Rest~d Fee Original Contract and Amendment No. I 3.) AmemJme~ NO. 2 Design Phase Adclrdonal Dm~ht ~n~ngen~ ~lan Point Re~i~ To~c ~e~val and Dis~l Sub~l ~d'l ~n~t No, 2 To~ (~0~) To~l R~ F~ OHgln~ ~n~ and ~nd~t No. I & 2 CITY OF CORPUS CHRISTI AMENDMENT NO. 5 SUMMARY OF FEES PARTA PART B PART C PART D PART E Can:~n Uno Broadway AJIl~on Review He~ght~ & Ck~mlng SSO & UI Gr~mwood Cleaning Manshelm (ProJ. #7226) (PmJ. Ir/'025) (Pro]. ;Ir/025) $11,357.40 $11,357.40 $45,2.40.00 $68,215.00 $525,100.00 $116,585.40 $149,260.00 $45,240.00 $68,215.00 __55,000.O0 $25,000.00 $26,000.00 $56,000.00 $205~60.00 $730,360.00 $116,585.40 PART F ~ Une Cleaning PAJ~t' G Clea~ng of Add'l. 15" Sewer Unes PART H CIPP Rahab. of Seumr Une~ PART I 8SES TOTAL $11,357,40 $11,357.40 $755,140.40 $149,260.00 $5,000.00 $25,000.00 _ _ $26,000.00 $205,260.00 EXHIBIT C Page 2 of 4 Part A PART B PART C ~ Une Broadway Heights & Ch~anlng ,SSO & gl (ProJ. ~) CITY OF CORPUS CHRISTI AMENDMENT NO. 5 SUMMARY OF FEES PART D PART E Greenwood Cleaning (ProJ. r/226) (Proj. r/025) (ProJ. 4.) Am~ent No. 3 Basic Servloas Preliminary Phase _~Desig n Phase Bid Phase Construction Phase PART F PART G PART H PART I MIsc. Urm Cleaning CIPP A~3rev. Cleating of,Add'l. R~3a~, SSES (pro~ ~z2~ 15" of Server Sewer Un~l Une~ Amendment No. 3 Total (07/17/01 ) $26,400.00 $18,150.00 $2,500,00 $135,200.00 $9,500,00 $8,800,00 $1,000.00 $20,100.00 $16,750.00 Total Restated Fee Original Contract and Amendment No. 1, 2 & 3 $45~40.00 $190,500.00 $18,150.00 $29,750.00 S.) Amendment No. 4 Basic Services Preliminary Phase _Design Phase Bid Phase Construction Phase Amendment No. 4 Total Total Restated Fee Oflglnal Contract and Amendment No. 1, 2, 3 & 4 $66,215.00 $920,860.00 $116,585.40 $18,150.00 $29,750.00 $116,585.40 $18,150.00 $68,215.00 $920,660.00 $500.00 $8,500.00 $200.00 $5,700.00 $14,900.00 TOTAL $47,050.00_ _ $144,700,00 $9,800,00 $36,850.00 $238,400.00 $1,196,800.40 ~500,00 $200.00 $5,700.00 $14,900.00 $1~13,700.40 EXHIBIT C Page 3 of 4 CITY OF CORPUS CHRISTI AMENDMENT NO. 5 SUMMARY OF FEES 6.) Amendment No. S PART A p~t~r'B P~i3~'F~C PART D PART E Carolyn Urm Broadway AJIIson Revle~ HeJght~ & Cleaning SSO & 1/1 Greenwood Cleaning S~nny~mook (ProJ. ir/025 Assessment SSO Vld~otapea Mans,~m~ (Pro]. $r/Z2E) (ProJ. #7025) (ProJ. (Pro~ Y?I i I i I Preliminary Phase Design Phase Bid Phase Construc'don Phase Subtotal Baalc Services Additional Se rvlc.~s Flow Monitoring Manhole Inspeddon Smoke Testing Dye Flooding _ CCTV Review Cleaning ta Facilitate TV Insp. Review Post-Cleaning Tapes Inspection Field Staking Locate Manholes (10%) Excavate Manhotas (10%) Warranty Phase SubtotaJ Add'l. Services Amendment No. 5 Total Total Reatatad Fee Original Contract and A~endrnent No. 1, 2, 3, 4 & 5 $45A4o.00 $68,215.00 $920,860.00 $116,585.40 $18,150.00 PART F MI~ Une Cleaning (ProJ. PART G PART H PART I 15" of Sewer ~ L.Ine~ Lines TOTAJ. $15,261.65 $15,261.65 $1,060.00 $32,829.00 $67,454.00 $101,343.00 $15,155.00 $142,062.00 $172,478.65 $1,220.00 $10,724.00 $11,944.00 $6,005.00 $32,809.00 $38,814.00 $23,440.00 $218,424.00 $67,454.00 $324,579.65 $49,010.00 $49,010.00 __$73,441.00 $73,441.00 $147,667.00 $147,667.00 $5,210.00 _. $5,210.00 $1,760.00 $1,760.00 __ $95,473.00 $317,520.00 $412,993.00__ $2,565.00 $2,565.00 __ $2,240.00 $20,304.00 __ $22,544.00 i - $18,724.00 $18,724.00 $30,000.00 $30,000.00 $1,340.00 $1,340.00 $4,805.00 $117,117.00 $643,332.00 $765,254.00 $15A61.65 $28,245.00 $59,911.65 $28,245.00 $335,541.00 $710,786.00 $335,541.00 $710,786.00 $2,303,534.05 EXHIBIT C Page 4 of 4 '17' AGENDA MEMORANDUM DATE: August 17, 2004 SUBJECT: Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to R. M. Wright Construction Company of El Paso, Texas in the amount of $1,549,824 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. ISSUE: The anaerobic digesters at the Greenwood Wastewater Treatment Plant require replacement of covers and steel methane gas process piping. The project has bid and is ready to begin the Construction Phase. City Council action is required to complete the project. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented_ Foster Ofowell, Director of Wastewater Services jl'n~el R. Escobar, P. E., ~Director of Engineering Services Additional Sul31~ort Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) PRIOR COUNCIL ACTION: 1. February 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Mavedck Engineering, Inc. for a total fee not to exceed $154,840 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project (Motion No. M2003-047). 2. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15. 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (26 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. December 16, 2003 - Executed Amendment No. 1 to the Contract For Professional Services with MEI Maverick Engineering, Inc_ for a fee not to exceed $6,560, for a total re-stated fee of $161,400, for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. 7. Apdl 6, 2004 - Executed Small NE Agreement with Donald R. Fundedic, P. E. for a fee not to exceed $3,900 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. PROJECT BACKGROUND: The anaerobic digesters at the Greenwood Plant require replacement of covers and steel methane gas process piping_ The project will provide for replacement an existing fixed cover on a 70-foot diameter pdmary tank and an inflated cover over the 70-foot diameter secondary digester which has a synthetic cover that requires replacement with a floating cover. Both of the facilities require gas line replacements. Also included will be repairs/rehabilitation of ancillary equipment and buildings. I EXHIBIT"A" I Page 1 of 2 PROJECT DESCRIPTION: The project consists of replacement of Anaerobic Digester Covers and other related work. The Primary Digester No. 1 fixed cover will be replaced with a floating steel cover. Ail accessories and gas piping will be replaced, along with the cover. The Secondary Digester cover will be replaced with a gas holder cover along with ali related accessories and gas piping. The scope work also includes the installation of three chopper pumps with jet mixing system, piping and appurtenances for beth of the Digesters and all related electrical work. Additionally, 4-inch suction and discharge piping for a future heat exchanger will be installed inside l~e primary digester tank. AJso, the removal and disposal of sludge and cleaning of the Digesters shall be included in the work. The disposal of sludge will comply with TCEQ regulations. Other work included as part of this project shall include the repair of four windows on, and painting of, the Digester Pump House and the removal of unnecessary piping and appurtenances in and around the Digesters and Digester Pump House, as shown on the drawings. All work shall be in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from three (3) bidders on July 28, 2004. See Exhibit "B" Bid Tabulation. The bids range from $1,549,824 to $1,970,100. The Engineer's estimated construction cost for the project is $1,573,500. The City's consultant, MEI Mavedck Engineering, and City staff recommend that the Total Base Bid be awarded in the amount of $1,549,824 to R. M Wright Construction Company of El Paso, Texas for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. CONTRACT TERMS: The contract specifies that the project will be completed in 270 calendar days, with completion anticipated by June 2005. EXHIBIT "A"I Page 2 of 2 $ t Ip49,824.00 $1~0~,0~.00 $1A70,100_00 Page 1 of I PROJECTBUDGET GREENWOOD WASTEWATER TREATMENT PLANT DIGESTER COVERS REPLACEMENT (Project No. 7255) August 17, 2004 FUNDS AVAILABLE: Wastewater ............................................................... FUNDS REQUIRED: Construction (R. M. Wright Construction Company) ........... Contingencies (10%) ................................................... Consultant (MEI Maverick Engineering) ........................... Consultant (Donald R. Fundeflic, P. E.) ........................... Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ $1,908,124.00 $1,549,824.00 155,000.00 161,400.00 3,900.00 10,000.00 25,500_00 2,500.00 $1,908,124.00 Page I of 1 \ Mprojec t \ councilexhibits \ exh ?2 55.dwg N NUECES BAY CORPUS CHRIS'I'7 ~AY ~REENW(X)D WASTEWATEi TREATI, iENT Pl._ANT ~RE GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7255 EXHIBIT "D" GREENWOOD WASTEWA TER TREATMENT PLANT DIGESTER COVERS REPLACEMENT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT D£P~E~ OF ENGIN£~I~ SERVICES PAGE: I of 1 DA T£:08/10/2~4 18 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: August 17, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Third Amendment to the Pre-Opening Services and Management Agreement for the Corpus Christi Multi-Purpose Arena between the City of Corpus Christi and SMG to include American Bank, N.A. as naming rights sponsor for Multi-Purpose Arena and Convention Center as an additional insured of various insurance policies. ISSUE: Naming rights sponsor desires insurance coverage to protect interests of company. REQUIRED COUNCIL ACTION: Execution of a Third Amendment to the SMG agreement to include American Bank, N.A. as naming rights sponsor for Multi- Purpose Arena and Convention Center as an additional insured of vadous insurance policies. PREVIOUS COUNCIL ACTION: On December 18, 2001, the City Council authorized the City Manager to execute an agreement with SMG to perform pre- opening services and management services for the Multi-Purpose Arena. On October 14, 2003, City Council authorized the City Manager to execute a First Amendment to the Pre-Opening Services and Management Agreement to include the management services for the Bayfront Plaza Convention Center beginning January 1, 2004. On May 18, 2004, City Council authorized the City Manager or his designee to execute a Second Amendment to the Pre-Opening Services and Management Agreement for the Corpus Chdsti Multi-Purpose Arena between the City of Corpus Chdsti and SMG to include the assignment of the naming rights for the Multi- Purpose Arena and Convention Center. FUNDING: Any expenses incurred from adding American Bank, N.A. as additional insured and payment of claims and expenses related thereto shall be paid from Operating Expenses. RECOMMENDATION: Approval of the motion as presented. George ~ City Manager Attachment: 3r~ Amendment to SMG Agreement 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17. 2004 AGENDA ~EM: Motion authorizing the City Manager or designee to execute a Memorandum of Understanding between Del Mar College District and the City of Corpus Chdsti to agree to enter into an Intedocal Agreement in the amount of $165,445 to provide professional set,Aces to facilitate economic development by providing technical assistance to pdvate, for profit businesses who are creating or retaining jobs in Corpus Christi. An ordinance deleting Division 12, Business Resource Center Steering Committee from Chapter 2 of the Code of Ordinances; Amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Con'rnlttee; Providing for severance; and providing for publication. ISSUE: With CDBG Funds, the City of Co~pus Christi established the Busln_,~__ Resource Center in October 2002, which located the CIb/s Business Resource Center (formerly Minority Business Opportunity Committee), Mnority Business Development Center (IVE~DC), Westalde Business Association, Black Chamber cf Commerce, and kispanic Contractom Association in one IocaUo~ at 400 S. Padre Island Drive in order to create a "one-stop shop" for small business. The n'~ln focus cf Ihe esnter has been fo serve as a clearinghouse cf government procurement Ini~ormaflon and provide procurement technical assistance to businesses. In 2003, MBDC vacated the center due to limited [undlng. Eadl~' ~ls war, $171,181 cf CDBG funds was appropriated for 2004-2005 for the Business Resource Center. With small businesses needing more outreach a~d assistance, a~ agreement with De~ Mar College was negotiated to enhance the services cun'ently provided by Del Mar College - Small Business Development Center (SBDC) and locate the BRC ter~anta to a permanent, more accessible and vtslble kx.aUon wrd~ SSDC. As p~u~ented at the July 27 City Council Meeting. through an Intedocal agreement, Del Mar C~lege will provide ~e k~lowing esr~c.e~ fo private, businesses: accounUng technical esslstance, business i:dannlng, loan packaging, n~ri~ planning, legal services, outn~ch to Historically Underutilized Businesses, procurement assistance, technical assistance, access to plans and plan review areas, use of plotter and copier, workshops and seminars, access to computer laboratories, business mentoring, netwoddng opportunities. In addiUon, De~ Mar College will provide c~ce space for supperang no~--profit organlzaUons that co~bute to the eccmomic development In Corpus Christi including; ACCION Texas, Westside Business AssociaUon, Hispanic Contractors Association, and the Black Chamber of Commerce. The Memorandum of Understanding, which states that De~ Mar College and the City will enter into an Interlocal Agreement by October 31,2004 to provide these services beginning March 15. 2005 was approved by ~e Del Mar Board of Regents on August 10, 2004. B. Business Resource Center Steering Committee was established in 2002 as the governing body for the Business Resource Center. At Its quartedy meeting he~d June 3, Ihe ~ommittee unanimously approved ~e concept o~ (~nt~acttng with Del Mar~ to provide businesses with tecflnlcal assistance and counseling needed to start and expand. On July 1, the committee agreed to deleting the Business Resource Center Steedng Committee and establishing the Small Business Advisory Committee. Active Business Resource Center Steering Committee Members and other cttlzens who have submitted biographical information forms will be recommended for nomination to the Small Business Advisory Committee at a future council mee§ng. REQUIRED COUNCIL ACTION: Passage of motion and ordinance. PREVIOUS COUNCIL ACTION: July 27, 2004 Council actJo~ approving the contract with ACClON Texas to provide small busln~,-_~ loans and presentation of the proposed agreement with Det Mar College. CONCLUSION .,N~ID RECOMMENDATION: Passage of moflo~ and ordinance. Assistant City Manager AN ORDINANCE DELETING DIVISION i2, BUSINESS RESOURCE CENTER STEERING COMMII-rEE FROM CHAPTER 2 OF THE CODE OF ORDINANCES; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ESTABLISH THE SMALL BUSINESS ADVISORY COMMI'I-rEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 2, Article IV, Division 12, Business Resource Center, is deleted as follows: DIVISION 12. BUSINESS RESOURCE CENTER STEERING COMMI'I-rEE Sec. 2 1,10. Establishment. There is hereby established thc "Business Recourc, e Center Committee" (committee) which shall consist of a minimum of nine (9) members and not more than f-r[teon (15) members. Thc members of thc committee shall be appointed by the city council. Tho committee shall have the guidance and assistance of tho director of community development. The members of tho committee shall serve without compensation. Sec. 2 141. Membership, terms, and quorum. (a) The committee shall be composed of a minimum of 1) three (3) representatives from federal, state, and local government agencies, 2) one (1) representative from tho city chamber of commerce, 3) one (1) representative from the city black chamber of commerce, ,1) one (1) representative from the city hispanic chamber of commerce, and 5) throe (3) representatives from the private sector representing major employers with substantial contracting capabilities. A representative from tho minority business development center and a representative of the small business administration shall serve as advisory members to thc committco. Tho mayor and the county judge shall serve as ex officio members of the committee. (b) Members of thc committee may be appointed from within or without the city and shall be appointed for terms of three (3) years coincident with the city fiscal year. Terms shall be staggered so that no more than one third (1/3) of the terms expire in any one city fiscal year. The term of each member shall continue until .~ successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. A vacancy shall be filled for the unexpired term in the same manner in which appointments are required to be made. Any member may bo removed by the city council for cause. The term for members of thc advisory committee shall be three (3) years Ex officio members shall serve while holding the office of mayor or county judge. July 27 Business Resource Center Small Business Adv Committees DOC (c) A majodty of the members of the committee shall constitute a quorum. The concurring vote of a majority of those present, but not less than one third (1/3) members shall bo required for making a decision. Scs. 2 142. Organization. (a) The chair and vioc chair of the committee shall be elected by the members at the first regular meeting of each fiscal year. Tho chair and vice chair shall serve for a term of one (1) year. If a vacancy occurs in either position, a replacement shall be elected by the mombem at the next regularly scheduled mooting of the committee. (b) The committee shall keep minutes of its meetings and activities and furnish a copy of the minutes to the mayor, city council, oity manager, city secretary and director of community development within fifteen (15) days of tho meeting or activity. The committee may promulgate rules and procedures for tho proceedings of thc business resource center small business advisory committee and may amend the came from time to time. Thc committee shall meet at least once each quarter and may meet more frequently as determined by a concurring vote of at least sight (8) members of the committee. (c) Subcommittees composed of committee members may bo appointed by thc chair and utilized to perform certain projects related to increasing opportunities for small businesses. The chair, with advice and oonscnt of the city council, may call upon individuals from throughout the community to assist thc committee or its subcommittees in thc analysis of items being considered by the committee. (d) There is hereby created tho office of business resource center executive director. Tho holder of such office shall bo an employee of thc city under tho supervision of tho director of community development. The business resource center executive director shall provide the necessary administrative and clerical support ce that thc committee can expeditiously carry out its duties. Sec. 2 143. Purpose and duties. (a) The purpose of the business recourse center program stocdng commit-too is to assist with the coordination of business resource center cornrnitteo activities; to serve as a focal point for the communication, delivery, and negotiation of mutually beneficial approaches for business opportunities for minority, small, disadvantaged, and micro enterprise businesses; and to ensure maximum opportunities for small businesses to participate in the economic mainstream of the city. (b) Thc business resource center committee shall establish policies which aid thc business resource center committee executive director in the implementation of thc local business resource oonter committee program. Tho policies shall assist thc executive director to accomplish thc following tasks: (1) Develop program parameters, identify potential projects, and determine support JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMITTEES.DOC (2) Recruit federal, state, local and pdvate sector officials as business resource center committee members. (3) Identity cc, onomic opportunities, and where possible, develop specialized approaches for small businesses to take advantage of those opportunities. (4) Where possible, coordinate and assist governmental units at all levels to improve outreach to small businesses. (5) Organize and coordinate business resource center committee subcommittees and task forces. (6) Ensure adequate business resource center committee outreach to federal, state and local governments, and the private sector. (7) Provide contact, liaison, and follow up with local and business resource center committee agencies. (8) Identity and develop methods to overcome barriers in the areas of financing, management and marketing by coordinating with educational, financial, and marketing institutions and the private sector to make small businesses self sufficient. (g) Oversee or prepare business resource center committee reports. (10) Provide liaison and outreach to the small business communit~ with tho minority business development center and other community organizations. Sec. 2 144. Sunset provisions. In the event of nonappropdation of funds for the operation of tho commit[cc, the committee shall be dissolved and the office of executive director and any support staff positions shall be deleted. Sacs. 2 145 2 149. Reserved. SECTION 2. That all references in the Code of Ordinances to ordinances regarding "Business Resource Center" are deleted. SECTION 3. That the Code of Ordinances, Chapter 2, Article IV, Division 12 is amended with addition of the following: DIVISION 12. SMALL BUSINESS ADVISORY COMMI'I-I'EE Sec. 2-140. Establishment. There is hereby established the "Small Business Advisory Committee" (Committee) which shall consist of a minimum of nine (9) members and not more than fifteen (15} members. The members of the Committee shall be appointed by the city council. The JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMI%I'EES.DOC 4 Committee shall have the quidance and assistance of the director of economic development. The members of the Committee shall serve without compensation. Sec. 2-141. Membership, terms, and quorum. The Committee shall be composed of the followinq individuals: 1. One (1) representinq Texas A&M University-Corpus Christi 2. One (1) representinq Del Mar Colleqe 3. One (1) representinq Coastal Bend Workforce Development Corporation 4. One (1) representinq the Corpus Christi Hispanic Chamber of Commerce 5. One (1) representinq the Corpus Christi Chamber of Commerce 6. One (1) representinq the Black Chamber of Commerce 7. Two (2) representinq small business service providers 8. Three (3) representinq business associations 9. Four (4) representinq small business owners havinq less than 50 employees (b) Members of the Committee may be appointed for terms of two ('2) years coincident with the city fiscal year. Terms shall be staqqered so that no more than one-half (1/2) of the terms expire in any one city fiscal year. The term of each member shall continue until a successor is appointed, subiect to limitations of the City Charier or a term limitation established by ordinance. A vacancy shall be filled for the unexpired term in the same manner in which appointments are required to be made. Any member may be removed by the city council for cause. (c) A maiority of the Committee members shall constitute a quorum. The concurrinc~ vote of a maiodty of those present, but not less than one-half (1/2) members shall be required for makinq a decision. Sec. 2-142. Orqanization. (a) The chair and vice-chair of the Committee shall be elected by the members at the first reqular meetinq of each fiscal year. The chair and vice-chair shall serve for a term of one (1) year. If a vacancy occurs in either position prior to the end of a fiscal year, a replacement shall be elected by the members at the next regularly scheduled meeting of the Committee to serve in the position for the remaining term. ('b) The Committee shall keep minutes of its meetings and activities and furnish a copy of the minutes to the Mayor, City Council, City Manaqer, City Secretary and Director of the Economic Development Office within fifteen (15) days of the meetinq or activity. The Committee shall meet at least once each quarter and may meet more frequently as JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMI~YEES.DOC determined by a concurdncl vote of a maiodty of those present, but not less than one- half (1¢2) of the Committee members. (c) Subcommittees composed of Committee members may be appointed bv the chair and utilized to perform certain proiects related to increasinq opportunities for small businesses. The chair, with advice and consent of the city council, may call upon individuals from throuqhout the community to assist the Committee or its subcommittees in the anaIvsis of items beinq considered by the Committee. (d) The director of the Economic Development Office shall provide the necessary administrative and clerical suppod: to the Committee to carry out its duties. Sec. 2-143. Purpose and duties. The purpose of the Committee is to advise and recommend contracts for business rebated services and proqrams to create, sustain, and expand minor~, small, and disadvantacled busineses; and to serve as a focal point to communicate approaches for the development, retention, and expansion of minority, small, and disadvantaqed businesses. 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 every section, paragraph, subdivision, clause, phrase, word or provision of 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 Chdsti as required by the City Charter of the City of Corpus Chdsti. JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMITYEES.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 ,2004, 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 A'FfEST: ,2004 by the followirfg vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott this the __ day of ,2004. Armando Chapa City Secretary APPROVED: ,..--~ %. Lisa Aguilar ~) Assistant City Attorney for City Attorney ,2004 Samuel L. NeaI, Jr. Mayor 6 July 27 Business Resource Center Small Business Adv Committees DOC 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2004 AGENDA ITEM: AGENDA ITEM: Motion authorizing the City Manager to make the annual contribution of $65,000 to continue the City's active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. ISSUE: The Secretary of Defense has started the procedure to provide a single round of base closures and realignments in 2005. Over 25% of the capacity in bases are proposed to be closed. The South Texas Military Facilities Task Force has been the area's principal responding vehicle to previous closure activities. The organization must continue in order to preserve our region's military presence. On September 18, 2003, the City Council passed motion 2003-337 authorizing the annual contribution of $50,000 to continue the City's active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. The City's financial share would be $65,000 for FY 2004-2005. In order to continue to participate in the South Texas Military Facilities Task Force and to provide financial assistance, the City Council must approve. RECOMMENDATION: The South Texas Military Facilities Task Force has been very effective in not only maintaining our facilities, but actually increasing their mission. Cities, counties, and other governmental entities across the U. S. are in the process of geadng up for the next round of base closures. It is imperative that we in the Corpus Christi area do the same. Staff recommends continued participation in and financial assistance to the South Texas Military Facilities Task Force. Ronald F. Massey Assistant City Manager Attachments 07/23/04 PROPOSED WORK SCOPE/REQ~T FOR FUNDING SEPTEMBER 1, 2004 - AUGUST 31, 2005 This is a proposed work scope and request for funding for the South Texas Military Facilities Tesk Force for the period September 1, 2004, through August 31, 2005, Introduction The period covered by this funding request will include the most intense ~tivity of the 2005 defense base realignment and closure 0tRAC) process. Thus, this request and proposed scope of work is best seen in the context of the BRAC events. Following are the key milestones, as required by the Defense Base Closure and Realignment Act of 1990, aa amended (Public Law 101-510): July 2004 - Feb 2005 Internal Defense Department data collection ~nd analysis, dr~ff of closuredrealignment recommendations, and internal approval process · March 15, 2005 Deadline for the White House to submit to the Senate nominations for the nine members of the Defense Base Reali~ment and Closure Commission · May 16, 2005 Deadline for Secretary of Defense to submit base closure/realignmem recommendations to the Commission and Congress · July 1, 2005 Deadline for the General Accounting Office to submit a report to Congress analyzing the Secretary's recommendations and the underlying selection process September 8, 2005 Deadline for the Commission to submit its recommended closure/realignment list to the President · September 23, 2005 Deadline for the President to accept or reject the Commission's list in its entirety · October 20, 2005 Deadline for the Commission to resubmit its list to the President if the first list has been rejected · November 7, 2005 Deadline for the President to submit an approval and certification to Congress 07/23/04 Note: Once the President approves the list, Congress has 45 days to accept or reject the entire list Prooosed Work Scol~e Aside fi.om the BRAC-specific events as outlined above, the proposed work scope for the most part represents a continuation of initiatives already underway by the Task Force. The main elements of the proposed work scope are as follows: Continue to make the case to the military serv/ces that the Corpus Christi Military Complex is the ideal place to conduct current military missions and to expand those missions · Continue efforts to establish joint paining at the installations in the Corpus Christi Military Complex. · Continue to identify key missions tl~t could be relocated to South Texas, particularly those mentioned below Continue to analyze possible threats from other Navy installations and those of other services, particularly the Air Force with respect to pilot training; reexamine and update the comprehensive Navy-Air Force pilot training analysis conducted by the Task Force for BRAC 1995 Expand the McMullen Target Range, controlled by NAS Kingsville, so as to promote broader use of the range by the Texas Air National Guard, and by the Navy, Marine Corps and Army (Fort Hood) · Continue close liaison with the Coast Guard to implement the deployment of additional Coast Guard assets to NS Ingleside Closely monitor Navy policy/actions affecting mine warfare; support/defend continuation of Mine Warfare Center of Excellence at NS Ingleside; engage the service of a fleet operations/mine warfare expert to buttress the ease for retaining NS lngleside; develop a study that supports the Center concept and the successful contribution to combat operations in Iraq. Closely monitor Navy's plans for littoral combat ship (LCS); seek to have LCS vessels homeported at NS Ingleside; actively promote NS Ingleside as littoral warfare training center/Center of Excellence, where training would take place on LCS mission modules, particularly mine warfare · Seek to promote additional homeland defense/security missions at NS Ingleside, NAS Corpus Christi, NAS Kingsville. Coordinate with U,S. 07/2311}4 Northern Command, U.S. Department of Homeland Security, U.S. Coast Guard, U.S. Customs and Border Protection Agency Determine the feasibility of operating Customs and Border Protection aircraft out of NAS Kingsville, thus expanding the border patrol mission there Analyze opportunities for expansion of Corpus Christi Army Depot (CCAD); aggressively pursue such opportunities; mainta/n close lialsun with senior military/civilian officials in Department of the Army headquarters and the Army Materiel Command responsible for depot and CCAD missions~ protect the statutory 50-50 workshare requirement and oppose any waivers of'same Advocate for the assignment of naval flight officer CNFO) training at NAS Kingsville using modified T-45s; support funding for any associated infl-astmcture requirements Determine whether there is an oppommity to expand the pilot training mission at NAS Corpus Christi, e.g., multi-engine training for Army pilots. If so, pursue all new mission possibilities Closely coordinate Task Force initiatives with Memb6'rs of the Texas congressional delegation, particularly Sens. Hutchisun and Cornyn and Rep. Ortiz and their staffs Promote one or more qualified individuals for nomination as members of the Defense Base Realignment and Closure Commission If any of the South Texas bases are on the Defense Depn, tment's recommended closure/realignment list, plan and execute the most aggressive and thorough defense possible. Analyze all data supporting the closure/ realignment recommendations, coordinate closely with Commission members and staff; develop formal presentations to the Commission for Governor, Members of Congress, local officials and appropriate private sector organizatio nsf individual s Recommend/coordinate with any required experts in such areas as mine warfare, Naval air training and operations Produce all required background documents, white papers, briefing documents, presentations, etc, required for use by the Task Force and local civic leaders, for presentation to the military services and the Commission Closely monitor all Commission actions as they pertain to the South Texas installations Continue to coordinate closely with senior Navy officers at the South Texas installations and with senior management and union leadership at CCAD Continue to coordinate closely with pertinent State of Texas officials, including the Texas Military Planning Commission and Texas Office of State- Federal Relations on Washington Ensure that civic leaders and the general population in communities represented by the Task Force are kept fully informed on BRAC 2005; coordinate visits to Washington as required; brief local civic bodies; work closely with the press in keeping the local communities informed Prooo~ed Budget 1. Consultants Per Month Karalekas & Noone $9,000 Washington Gary Bnshell $3,500 Corpus Christi/Austin 2. Experts VADM Al Konetzni, USN (Ret.) Travel 3 Document Production Don Rodman $1,000 4. TravelfMi~c. $1,500 5. Special Mailing,s/Printing $1,000 6. Contingency 12 Months $108,000 $42,000 $5,000 (6 mos.) $30,000 $1,000 (6 mos.) $5,000 $12,000 $18,000 $12,000 $23.000 $250,000 Total Proposed Budget: $250,000 A Conclusion The Task Force strongly believes that the proposed work scope and budget as outlined above, while relatively modest, will provide for a comprehensive, aggressive and relentless defense o£NS Ingleside, NAS Corpus Christi, NAS Kiagsville and Corpus Christi Army Depot as the 2005 BRAC process reaches its culmination. It is always possible that circumstances currently unforeseen may require the work scope or budget to be adjusted during the course of the budget year. Should that happen, the Task Force will submit written documentation identifying and justifying the proposed changes in as timely a manner as possible. The Task Force is very appreciative of the continued support of its vital mission Respectfully submitted, S. Loyd Neal, Jr. Chairman 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/17/2004 AGENDA ITEM: : Motion authorizing the City Manager, or designee, to execute a contract with Corpus Christi Disposal Services, Inc. (CC Disposal), guaranteeing the annual delivery of specific tonnage of acceptable waste to the J. C. Elliott Landfill for a specified fee, for a pedod not to exceed the life to the J. C. EIliott Landfill. ISSUE: To enter into an obligatory "Put or Pay" contract with Commercial Solid Waste Haulers delivering acceptable waste to the J. C. Elliott Landfill for disposal. REQUIRED COUNCIL ACTION: Approve contract as submitted by staff. PREVIOUS COUNCIL ACTION: Council has previously approved five (5) Put or Pay contracts with other commercial haulers (BFI, Captain Hook, Sixteen Services, Trailer Trash and Dawson Recycling). FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approve contract(s) as submitted. Jeffrey D. Kaplan, Director, Streets & Solid Waste Services Attachments: copy of Contract BACKGROUNDINFORMATION With the acquisition and anticipated development of the Cef~ Valenzuela landfill it is necessary to have a consistent flow o[ solid waste tonnage to develop a sound business plan for the project. Additionally, competition for solid waste in the Coastal Bend COG from competing landfills in San Antonio and Robstown had resulted in a decline in solid waste tonnage with a resulting revenue loss. This decline is attributed to commercial solid waste haulers transporting garbage, waste, and other refuse to the competing landfills at a much lower tipping rate. The Solid Waste Staff worked assiduously to establish an instrument that is beneficial to both the Commercial Solid Waste Hauler and the Solid Waste Services Department. Two alternative versions of the contract were approved by Council in 2001. One provides for a guaranteed annual volume of acceptable waste. The other provides for delivery of all waste collected by the hauler within the boundaries of the Coastal Bend Council of Governments. The contract will continue our efforts to stabilize waste volumes at J. C. Elliott Landfill in preparation for future development at the Cef~ Valenzuela Landfill. CONTRACT SUMMARY: The charge to the permitted hauler will be $19.50 per ton plus state fees. The haulers are billed monthly. There will be penalties for late payments. The agreed rates are available only to authorized permitted haulers who have been permitted for a minimum of 12 months. The contract with Corpus Christi Disposal Services, Inc. guarantees the disposal of specific annual volume of acceptable waste, which is based on Corpus Christi Disposal Services, Inc. delivering 80% of the tonnage brought to the J. C. Elliott Landfill in 2003-2004 fiscal year_ The length of the contract is tied to the life of the J. C. Elliott Landfill and will help in determining disposal calculations for the new Cef(~ Valenzuela Landfill. The City will give all permitted haulers utilizing the J. C. Elliott Landfill a 12 months notice of the anticipated closing of the land[ilh A permitted hauler may partner or form a co-op with smaller haulers, but will be required to identity those haulers and provide the names and tonnage of each to establish base tonnage. Assignment to another representative of a permitted hauler must be approved by the Cily. The City reserves the right to direct contracted haulers to an onsite transfer station to minimize traffic on the working face of the land[ill. The City reserves the right to enact fees and ordinances for the purpose of collecting costs attributed to the use of the landfill, adjacent city thoroughfares, and permits for the safe use and operation of waste generated or transported within the City limits. FINAL 07/~0/04 WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI DISPOSAL SERVICE, INC. CC Disp-P~-Pay.doc Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TABLE OF CONTENTS Subject Page Number General Provisions ..................................................................................... 1 Acceptable Waste ...................................................................................... 6 Fees ........................................................................................................... 7 Billing and Payments .................................................................................. 7 Landfill Procedures .................................................................................... 8 Assignments ........................................................................................... 10 Insurance ................................................................................................ 10 Indemnification ......................................................................................... 11 Govemmental Regulation ........................................................................ 13 Suspension for Force Majeure ................................................................. 13 Liquidated Damages and Default ............................................................. 14 Representation and Warranties ................................................................ 16 Governing Law and Venue ....................................................................... 17 Miscellaneous Provisions ......................................................................... 17 CC Dbp-Put-Pay.doc FINAL WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Chdsti ("the City"), and Corpus Christi Disposal Service, Inc. ("Hauler") requires the City to accept, process, and dispose of acceptable solid waste brought by the Hauler to the City's J. C. Elliott Municipal Landfill ("Landfill"), located at 7001 Ayers in the City of Corpus Christi, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debds, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box spdngs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liabilit~ Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Region means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patricio, and Refugio Counties. Construction/demolition materials means waste resulting from construction or demolition projects, including bdck, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debds (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. CC Dlsp-Putq:~ay.doc Page 1 of 22 FINAL 07/30~04 Effective date means August 1, 2004. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of GoO, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, dot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing party, and the non-performing party does not control the administrative agency or governmental officer or booy, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material mooification, or change in interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially moOified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any Federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A stdke, lockout, or other similar labor action; (f) The failure to obtain or maintain any essential permit or license from any governmental unit; CC Disp-Putq:~ay.cioc Page 2 of 22 FINAL 07~0~04 Garbage means putrescible animal or vegetable matter, such as waste matedal and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. _ 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C.. 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and wdtten guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or by-products material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State of Texas, TNRCC. or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TNRCC or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the cc Disp-Put-Pay.doc Page 3 of 22 FINAL 07/30/04 effective date of the determination by TNRCC or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TNRCC or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance means general household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal pads. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial distdcts. Landf'#l means the J. C. Elliott Municipal Landfill located at 7001 Ayers, Corpus Chdsti, Texas. L/tfer means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health-care related facilities and associated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. cc Dlsp-Put-Pay.doc Page 4 of 22 FINAL 07~30~04 Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J. C. Elliott Landfill generally applicable to customers utilizing the Landfill, as determined by the C~. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at a the City disposal site. TNRCC means Texas Natural Resource Conservation Commission. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debds or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TNRCC or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and include correlative words of feminine and neuter genders and words importing the similar number means and include the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect and remains in full force and effect the during period from the effective date through the date the City stops accepting all forms of acceptable waste at the Landfill from permitted haulers. CC DIsp-Put-Pay.doc Page 5 of 22 FINAL 07/30/04 1.3.2. Upon expiration of the term, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. '1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. '1.3.4. The City will provide the Hauler with annual notice of the anticipated life span of the Landfill. 1.3.5. The City will provide at least 12 months notice of the date the City will no longer accept all forms of acceptable waste from permitted haulers at the Landfill. 1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1, Acceptable Waste, 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co-mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this agreement, should in the future be reclassified as acceptable waste. 2.2. Guaranteed Tonnage. 2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not less than 11,200 tons per year ("guaranteed annual tonnage") of jurisdictional waste and acceptable waste collected outside the City's limits to the Landfill, and the City guarantees that it will accept the waste. 2.2.2. The Hauler shall deliver the guaranteed annual tonnage. The Hauler's targeted monthly tonnage delivery schedule is attached to and incorporated into this Agreement as Exhibit A. 2.3. Adjustments to Guaranteed Tonnage. 2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the Coastal Bend Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage for a pedod in CC Disp-Put-Pay.doc Page 6 of 22 FINAL 07/30/04 excess of a year, the parties will act in good faith to renegotiate the guaranteed tonnage. 2.3.2. The Hauler may request a change in its guaranteed tonnage sixty days before the annual anniversary date of this Agreement. 2.3.3. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1, the Hauler is eligible for a discount off the per ton tipping fee. Once established the discount will apply from the base year (one year after the date of execution of this Agreement) in which the discount was first calculated, and will apply to all succeeding years keeping the base tonnage calculation intact. 2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical, or unacceptable waste to the City. 2.5. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. ARTICLE 3. FEES 3.1. Acceptance Fee for Guaranteed Monthly tonnage. The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill is $19.50 per ton, plus any mandated Federal or State fees. 3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. 3.3.3 Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1, the Hauler is eligible for a 15% discount off of the $19.50/ton tipping fee ($16.58)ton, plus any mandated Federal or State fees). The lower tipping fee will be applied retroactively to the additional waste once the 33% threshold is reached. Once a new base tonnage is calculated under Subsection 2.3.3, the City will reduce its billing to the Hauler at the beginning of each succeeding year. ARTICLE 4. BILLING AND PAYMENTS. 4.1. Billing. After the end of each month, the City will bill the Hauler for the total fees due for the billing pedod. 4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date") shown on the bill. 4.3. Overdue Charges. If payment in full is not made on or before the due date, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid CC Disp-Put-Pay.doc Page 7 of 22 FINAL 07/30/04 shall bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. 4,4. Disputes. 4.4.1. In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4.2. The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. 4.4.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specif'~ed in Section 4.3. 4.5. Fees Not Subject to Sat-Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES. 5.t. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2. Rejection of Solid Waste. 5.2.t. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 6.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 5.2.3. The Hauler fails to comply with any published delivery procedures. 5.2.4. If a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. CC Dlsp-Put-Pay.doc Page 8 of 22 FINAL 07r30/04 5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.4. City Not Required to Screen Waste. Nothing in this Agreement obligates the City to screen waste or to detect hazardous, medical, or unacceptable waste delivered by the Hauler. 5.5. Delivery Schedule. 5.5.1. During the term, the Hauler may deliver acceptable waste to the Landfill dudng its normal posted hours of operations. 5.5.2. The City will open the landfill for at least 58 hours, dudng weeks without City holidays. 5.5.3. The C~ will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.5.4. Except in a Force Majeure, the City will provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 5.6. Delivery Procedures. 5.6.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit B. 5.6.2. The City reserves the dght to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.7. Delivery Vehicles. 5.7.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the generators of solid waste being delivered to the Landfill. cc D[sp-Put-Pay.doc Page 9 of 22 FINAL 07/30J04 5.7.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.7.3. The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 5.7.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.8. Front of Line Privileges. 5.8.1. The City will provide front of line privileges to the Hauler and other haulers with "put or pay" contracts with the City. 5.8.2. The City may at its discretion suspend front of line privileges under this agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS. 6.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2. Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE. 7.1. Insurance Requirements. Insurance requirements are attached to and incorporated into this Contract as Exhibit C attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit C prior to delivering any solid waste to the Landfill. 7.3. Ceraficates of Insurance. Before activities can begin under this Contract, Hauler's and any subcontractor's insurance company(les) must deliver Certificate(s) of CC Dlsp-Put-Pay.doc Page 10 of 22 FINAL 07/'30/04 Insurance, as proof of the required insurance coverages to the City's Contract Administrator. 7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of cancellation, matedal change in the coverages, or intent not to renew any of the policies. 7.5. City Named As Additional Insured. The City must be named as an Additional Insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's Contract Administrator's written request. 7.6. Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the CH for any injury, loss. or damage to Hauler resulting from the performance of this Agreement. to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. 7.7. Written Notice of Injury. Loss. or Damage Required. Immediately upon the occurrence of any injury, loss or damage resulting from the performance of this Agreement, written notice shall be given to the City's authorized representative_ ARTICLE 8. INDEMNIFICATION 8.1 Indemnification for Death, Personal Injury, or Property Damage. 8.1.1. To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shall fully indemnity, save, and hold harmless the City, its officers, employees, agents, licensees, and invitees ("City indemnitees") against any and ali liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to ar~se out of or be in any manner connected with the Hauler's delivery of solid waste to the Landfill under this agreement. 8.1.2. To the extent allowed by Texas law, the City shall fully indemnity, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hauler indemnitees") against any and all liability, damage, loss, claims, CC Disp-Put-Pay.doc Page 11 of 22 FINAL demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the City's delivery of solid waste to the Landfill under this agreement. 8.2. Indemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, medical, or unacceptable waste, the Hauler shall indemnify and hold the City indemnitees harmless from and against all liabilities, losses, damages, costs, expenses, and disbursements, including reasonable legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3. Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys fees, and shall defend the indemnitees in any proceeding, including appeals, for violation of any Federal or State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.1. The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2. The failure by the Hauler, its directors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3. The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. CC ~sp-Put-Pay.doc Page 12 of 22 FINAL 07/3Q/04 8.4. I. Hauler must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. 8.4.2. To extent authorized by law, the City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Hauler indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. ARTICLE 9. GOVERNMENTAL REGULATION. 9.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, w~thout limitation, USEPA, TNRCC, and the Texas Department of Public Safety. 9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. 9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti-discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4. Compliance by Hauler's Agents and SubcontJ'actors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus Christi, USEPA, TNRCC, the Texas CC Disp-Put-Pay.doc Page 13 of 22 FINAL 07/30/04 Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE. 10.1. Suspension of Obligations. 10.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 10.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and dudng the pedod as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 10.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, process, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TNRCC, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of landfill capacity shall be determined by the City in its sole discretion. 10.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. 10.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 10.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The cc Disp-Put-Pay.doc Page 14 of 22 FINAL 07/30/04 parties shall negotiate and agree on the pedod during which Hauler is entitled to cure any resulting shortfall. 10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT. 11.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the pedod of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 11.2. Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tdbunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a pedod of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's properb/, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a pedod of sixty (60) days or more. 11.3. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11.3.1. The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 11.3.2. The Hauler fails to observe and perform any other matedal term, covenant, or agreement contained in this Agreement, the Site Operating Plan, or other agreements or policies to which either the Hauler is subject and the failure continues for a pedod of thirty (30) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 1.3.4. The Hauler makes a general assignment for the benefit of creditors, files petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies cc DIsp-Put-Pay.doc Page 15 of 22 FINAL O7/3O/O4 to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a pedod of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.4. Remedies on Default. Whenever any event of default occurs and is continuing, the non-defaulting party has the following rights and remedies: 11.4.1. Upon ten (10) days wdtten notice to the City, if the C~ is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day pedod or unless dudng the pedod the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable pedod of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the C~ shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3. Upon wdtten notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler. until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES. 12.1. Representations and Warranties of the Hauler. 12.1.1. The Hauler by this Agreement represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. CC Disp-Putq:'ay.doc Page 16 of 22 F~NAL 12.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to cam/out the obligations and transactions contemplated by this Agreement throughout its term. 12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2. Representations and Warranties of the City. 12.2.1. The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 12.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.3. Liability for Breach. It is undemtood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This section shall survive the term of this Agreement. ARTICLE 13. GOVERNING LAW AND VENUE. 13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Chdsti Division. 13.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the dghts of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS. 14.1. Entire Agreement. This Agreement merges and supersedes all pdor negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. cc Disp-Put~:'ay.doc Page 17 of 22 FINAL 07/30/04 14.2. Waiver. No delay in exercising or the failure to exercise of any dght or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every dght and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 14.3. Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. 14.4. Independent Contractor. Hauler will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Hauler be considered as an employee of the City. 14.5. Subconl~actors. 14.5.1. Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. 14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and ifs employees had performed the services. 14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight couder addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: Corpus Christi Disposal Service, Inc. P. O. Box 5583 Corpus Christi, Texas 78465 CC Disp-Put-Pay.doc Page 18 of 22 FINAL 07/30/04 City: Director of Solid Waste Services City of Corpus Chdsti 2525 Hygeia Street P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 14,9. Representatives. For billing purposes, the parties designate the following representatives and addresses: Hauler: Mr. Ralph Diaz Corpus Christi Disposal Service, Inc. P. O. Box 5583 Corpus Christi, Texas 78465 City of Corpus Christi - Financial Services Accounts Receivable 1201 Leopard Street P.O. Box 9257 Corpus Chdsfi, Texas 78469-9257 14.10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11. Right to Most Favorable Acceptance or Tipping Fees. 14.11.1. If the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the dght either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver all tonnage collected within the boundaries of the Coastal Bend Council of Governments ("CBCOG") instead of a guaranteed annual tonnage is considered comparable to this Agreement if the other terms and conditions are similar to this agreement. An agreement based on delivery of all tonnage collected within the CBCOG boundaries will include the dght of the City to audit for compliance and penalties for failure to deliver all tonnage from the area. CC Disp-Put-Pay.doc Page 19 of 22 FINAL 07/30/I~1 14.11.3. The City will not offer similar agreements to a hauler that has not had a solid waste hauler permit for at least 12 months. 14.12. City Reserves Legislative Authority. Nothing in this contract restricts the dght of the City Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated within the City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including generator fees, on residents, commercial and industrial facilities located within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. 14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 14.14. Duplicate Originals. This Agreement may be executed in duplicate originals,, any one of which is considered to be the original Agreement for all purposes. 14.15. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 14.16. Rights of Third Parties. Nothing in this Agreement is intended to confer any dght on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any dght of subrogation or action over or against any party to this Agreement. 14.17. Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 14.18. Publicity and Property Rights. 14.18.1. The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior written consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of information concerning the existence, content or per[ormance under this Agreement to any third party. cc Disp..Put~ay doc Page 20 of 22 07/30/04 14.18.2. The Hauler is not permitted to photograph, film, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express pdor written consent of the City's Director of Solid Waste Services. 14.18.3. The Hauler may not use or permit the use of the trade or service names, marks, or Iogos of the City or any of its affiliates in any manner. 14.18.4. The Hauler's obligations under this Section 14.12 shall survive the expiration or termination of this Agreement. 14.19. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and dghts, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 14.20. Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. The parties to this Agreement have caused this Agreement to be executed on the date the City's representative executes this agreement. This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: CORPUS CHRISTI DISPOSAL SERVICE, INC. Ralph Date: cc, Disp-Put-Pay.doc Page 21 of 22 FINAL 07/'30/04 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~d~.j~ ~l ,2004, by Ralph Diaz, President of Corpus Chdsti Disposal Service, Inc., a Texas corporation, on behalf of said corporation. Notary Public State of Texas CII'Y OF CORPUS CHRISTI VERONICAS~TE Ik~a~ Pu~c (~ C~ SAI,.AJS ~' ) )' George N. Noe, City Manager Date: Attest: Armando Chapa City Secretary Approved as to form: This /~2~ day of Mary Kay Fisher, City Attorney ~ ¢~ty Attorney THE STATE OF TEXAS § COUNTY OF NUECES § ,2O04 This instrument was acknowledged before me on ,2004, by George N. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public State of Texas CC Dtsp-Put~Pay.doc Page 22 of 22 FINAL 07/30/04 EXHIBIT A TARGETED MONTHLY TONNAGE DELIVERY SCHEDULE Month Targeted Monthly tonnage January ........................................................................................................................ 900 February ..................................................................................................................... 900 March ........................................................................................................................... 950 Apdl ........................................................................................................................... 950 May ............................................................................................................................. 950 June ............................................................................................................................. 950 July ............................................................................................................................. 950 August ........................................................................................................................ 950 September ................................................................................................................... 950 October .................................................................................................................... 900 November ............................................................................................................... 900 December ................................................................................................................ 950 Total Guaranteed Annual Tonnage ........................................................................ 11,200 CC Disp-Put-Pay.doc A- 1 FINAL 07~'~ EXHIBIT [] EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI J. C. ELLIO'I-r LANDFILL PERMIT 423A CC Dlsp-Putq:~ay doc B-1 FINAL 4. OPERATIONAL PROCEDURES 4.1. Access Control Public access to the landfill is limited to one existing main entrance from Ayers Street (State Highway 286). Gate house personnel control access and monitor all vehicles entedng and exiting the site. Additionally, two other pdvate entrance/exits gates are located at this site; one gate being at the northwest comer and the other at the southwest corner of the landfill on Greenwood Drive. These gates are used from time to time to move equipment to and from maintenance shops, as construction contractor entrances, and other such activities not directly associated with waste hauling. 4.1.1. Access From Public Road Access to the site will be from ^yers Street (State Highway 286) at the existing site entrance. ^yers Street is a two-way, two-lane asphalt-paved road, with an average pavement width of 20 feet. A site sign is prominently displayed adjacent to the gate entrance. 4.1.2. Vehicle Access All waste-hauling vehicles will deposit their loads at the working face or the designated processing area. Only landfill construction vehicles, landfill personnel vehicles, and the authorized haul vehicles will have access to the active portion of the landfill. 4.1.3. All-Weather Access The existing site entrance is paved asphalt drive that transitions into a caliche road. The caliche on-site roads will be maintained for all-weather access by site personnel. The entrance to the facility from Ayers Street and all interior access roads within the site are all-weather roads. Prior to inclement weather, an all-weather access area will be constructed. All-weather road and access area are provided to the active disposal area, and consist of a minimum of 8 inches of crushed caliche and/or crushed asphalt. A pad (may vary in size) may be constructed by the disposal area so that disposal vehicles will have enough room to maneuver while they are disposing of the waste. The caliche/asphalt materials used for all-weather road construction will be salvaged and reused as the access road locations change across the site. Haulers will dump waste at the edge of this designated area and allow the compactor to push the waste into the fill. Therefore, no separate wet-weather operations area will be necessary. 4.1.4. Traffic Control The entrance to the landfill is located on the southeast corner of the site. The gate attendant will restdct site access only to authorized vehicles and will direct these vehicles appropriately. CC Disp-Put-Pay.doc B - 2 FINAL 07/30J04 Solid waste transportation vehicles will be weighed at the gate scale and then directed to the active portion of the landfill. Site personnel, signs, and barricades will provide traffic directions as necessary to expedite safe movement of vehicles. 4.1.5 Site Security Site security measures are designed to prevent unauthorized persons from entedng the site, to protect the facility and its equipment from possible damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. Unauthorized entry into the site is minimized by controlling access to the landfill site with the perimeter fence and looked gates at all entrances. The main site entrance (Ayers Street) is secured by a gate which is monitored by the office/gate attendants dudng normal site operating hours. Outside normal operating hours, the gate to the site will be locked. All other entrances will remain locked or attended by site personnel. Entry to the active portion of the site will be restricted to designated personnel, approved waste haulers, and properly identified persons whose entry is authorized by site management. Visitors may be allowed on the active area only when accompanied by a site representative. 4.2. Unloading Wastes The landfill is authorized to receive municipal solid waste and those special solid wastes allowable under ' 330.136 of the Texas Natural Resource Conservation Commission ("'TNRCC") Municipal Solid Waste Manaqement Requlations ("'MSWMR"), 30 TAC Chapter 330. (Note: Underlined text has been added for clarity.) The site is not authorized to receive regulated hazardous wastes or radioactive wastes. These categories of wastes are prohibited at this site by state and federal regulations (refer to Section 6 - Waste Screening Plan). Special wastes will not be handled at this landfill except in accordance with TNRCC regulations and Section 4.20 -Disposal of Special Wastes of this SOP. The unloading of solid waste will be confined to as small an area as practical. Trained personnel will monitor the incoming waste on the trucks. These personnel are familiar with the rules and regulations governing the various types of waste that can or cannot be accepted into this facility, including knowledge of ' 330.136 of the MSWMR. The personnel also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. Solid waste dumping will be controlled to prevent disposal in locations other than those specified by site management. Unloading of waste in unauthorized areas is prohibited and site personnel shall take the CC DLsp-Pu[-Pay.doc [~ - 3 FINAL 07f30/04 necessary steps to ensure compliance with this provision. ,Any waste deposited in an unauthorized area shall be removed promptly and disposed of properly. Rules for waste disposal and prohibited waste will be prominently displayed on signs at the site entrance. Refer to Section 6 - Waste Screening Plan for specific waste handling procedures. 4.3. Hours of Operation The facility is open for operation six days a week, Monday through Saturday. Normal operating hours for receiving wastes will be between 7:00 a m. to 7:00 p.m., Monday through Saturday. The site will be closed on Sundays and certain holidays. Operation on Sundays will be limited and only held in conjunction with special events such as community clean ups. Operation of the site for special occasions, special purpose events, or other special occurrences will also be within the approved times of 7:00 a.m_ and 7:00 p_m. Operation on certain Holidays will be conducted from 6:00 a.m. to 2:00 p.m. to accommodate the needs of customers. 4.4. Site Signs An entrance sign is displayed at the entrance to the site. This sign states the name of the site, type of site, hours and days of operation, and the TNRCC permit number. A sign prohibiting certain types of waste such as hazardous waste, Class I waste, and smoking will be posted outside the landfill entrance. 4.5. Control of Windblown Wastes and Litter Windblown wastes will be controlled by several means. All waste transportation vehicles using this facility will be required to have in- place adequate covers or other means of containment for the wastes they transport. The adequacy of covers or containment of incoming wastes will be checked at the facility entrance. To further minimize windblown wastes, the facility will provide litter control fences, as necessary, at appropriate locations near the working face and elsewhere. The litter control fence will be at least 5 feet high and will be located as close as practical to the landfilling area. Periodically (at least weekly), as part of the overall site maintenance program, facility personnel will collect windblown waste materials which may have accumulated on-site and on both on and off-site access roads. The working face of the active disposal area shall be covered daily to avoid prolonged exposure of wastes, and to minimize windblown material. CC Disp-Put-Pay.doc B - 4 FINAL 07~ 4.8. Control of Waste Spilled on Route to the Site The Landfill Superintendent will take steps to ensure that vehicles hauling waste to the site are enclosed or provided with a tarpaulin, net, or other means to properly secure the load. These steps are necessary to prevent the escape of any part of the load by blowing or spilling. Signs stating this policy will be posted and offenders may be reported by the Landfill Superintendent to proper law enforcement officers. The Landfill Superintendent will be responsible for the cleanup of waste materials spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from any entrance used for delivery of waste to the site. The Landfill Superintendent will consult with officials of the Texas Department of Transportation concerning cleanup of state highways and right-of-ways. 4.9. Disposal of Large Items Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified as large, heavy, or bulky may include, but are not limited to, white goods (household appliances), air conditioner units, and large metal pieces. In addition the site will maintain a Steel Recycling area near the site main entrance where large appliances and other metallic items can be stored until recycled. CFC removal will be conducted at this area. CFC's will be removed at least semi-monthly. Appropriate house keeping will be maintained at all times. 4.10. Air Quality Control Measures to control air pollution may include, but are not limited to, the following items: $ No open burning of waste will be permitted at the proposed facility Freshly landfilled waste will be promptly covered with dirt or approved alternative daily covers. Odor masking agents such as sanifoam may be utilized as necessary $ Ponded water at the site will be controlled as detailed in Section 4.19 $ Accidental fires will be controlled as outlined in Section 7 - Fire Protection Plan The Landfill Superintendent will ensure that any unit of the municipal solid waste facility does not violate any applicable requirement of the approved State implementation Plan developed under the Clean Air Act, Section 110, as amended. 4.11. Disease Vector Control The need for extensive vector control (control of rodents, flies, and mosquitoes) will be minimized through daily site operations, which include the application of daily and final cc D[sp-Put-Pay.doc B - 5 FINAL 07/30/04 cover. The extent of the working face will also be minimized. Site operators will make daily checks for insects or rodents associated with the operations and will report problems to the Landfill Superintendent. If necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are propedy applied. 4.13. Salvaging and Scavenging Salvaging will not be allowed to interfere with prompt sanitary disposal of solid waste or to create public health nuisances. Salvaged materials will be considered as potential recycled materials. Salvaged items will be removed from the site often enough to prevent the items from becoming a nuisance, to preclude the discharge of pollutants from the area, and to prevent an excessive accumulation of the material at the site. Special wastes received at the site will not be salvaged. Scavenging will be prohibited at all times. 4.20. Disposal of Special Wastes Acceptance of special wastes will be performed in accordance with MSWMR '330.136(b) requirements. Special wastes that will be accepted at the site include non- regulated asbestos-containing material (non-RACM), and wastes from health care related facilities. Other special wastes may be accepted. If these wastes are addressed in , 330.136 of the MSWMR, they will be handled in accordance with the procedures provided therein for that specific waste. Should a different procedure be devised or the specific waste not be addressed therein, then a request will be made in accordance with Section 330.136(a)(2) and approval received prior to acceptance of those wastes. The special wastes that will be accepted at the site and handling procedures are discussed below. Non-Regulated Asbestos Containing Materials (Non-RACM) Non-RACM will be accepted. The non-RACM shall be disposed in the active working face and immediately covered with at least two (2) feet of other solid waste. Precautions shall be taken by site personnel to eliminate the crushing or grinding of non-RACM into a friable state. Wastewater Treatment Plant Sludge Treated wastewater plant sludges will be accepted. Other matedal will receive TNRCC approval prior to its disposal. The processed material will be required to pass a paint filter test prior to disposal en the working face of the landfill, as prescribed in 30 TAC ,330.136(b)(7). CC [hsp-Putq3ay.doc B - 6 FINAL 07/30/04 DEAD ANIMALS The site may receive dead animals that are delivered to the site independent of other wastes. Dead animals will be buded and covered with a minimum of 3 feet of solid waste or a minimum of 2 feet of soil immediately upon receipt. Special Waste Report Submittal The Landfill Superintendent will submit to the TNRCC a monthly summary of special wastes received at the landfill. This report will be submitted no later than the 25th day of the month following the month in which the waste was received. The reports will be submitted on forms provided by the TNRCC. Failure to file the reports in a timely manner is considered a violation of the MSWMR. 4.2'1. Disposal of Industrial Waste Class I industrial waste will not be accepted at the site. Class II and Class III industrial solid waste will be accepted as long as the acceptance does not intert'ere with normal operations. In the event that a Class I industrial solid waste an-ives at the site, the appropriate departments and offices of the TNRCC will be notified. The applicable phone numbers will be included in a list of emergency phone numbers posted in the gate house and the landfill office. If the waste presents an emergency situation, the TNRCC Emergency Response Unit will be contacted. The appropriate agencies will be requested to provide assistance to the City through their respective enforcement capabilities concerning transporters and waste generators in the proper management of unauthorized waste received at the site. Refer to Section 6 - Waste Screening Plan and Section 4.2-Unloading Waste for waste screening procedures. 4.22. Prevention of Discharge of Contaminated Water The Landfill Superintendent will take all steps necessary to control and prevent the discharge of contaminated water from the facility. Should the discharge of contaminated water become necessary, the Landfill Superintendent will obtain specific written authorization from the TNRCC pdor to discharge. 4.23 Leachate and Contaminated Water Plan Leachate and contaminated water will be controlled as specified in the Leachate and Contaminated Water Plan. CC Disp-Put-Pay.doc B - 7 FINAL 07r3Q/04 6. WASTE SCREENING PLAN Part A - Purpose The purpose of this plan is to prevent the unauthorized entry of waste not approved for disposal at the landfill; to protect both personnel and customers using the landfill; achieve permit compliance; and assure the environment of the landfill and surrounding area is protected from contamination from unauthorized waste. Conformity to the plan will assure efficient and effective processing of all waste at the landfill. The types of wastes that are accepted at the landfill as well as the procedures for waste inspection and handling are outlined in the Site Operating Plan. Part B - Training Training requirements of landfill personnel to recognize and handle unauthorized waste will include the following: Familiarization of the Site Operating Plan Successful completion of formal waste screening training provided by: in-house instruction, the Texas Engineering Extension Service ('rEEX), or Solid Waste Association of North America (SWANA) Records of all course attendance will be kept as well as copies of any certificates issued. A pedodic review of the information provided in these sources will take place as needed. Part C - Prevention of Unauthorized Disposal Methods used to prevent unauthorized disposal will be accomplished at four (4) levels. Each level will be designed to virtually eliminate random inspections. Level One - Education and Information A sign at the entrance to the landfill will describe wastes that are not accepted for disposal and will inform customers that their waste is subject to inspection. An informational bulletin detailing the waste inspection process will be given once a year to all existing and to new customers. A letter detailing the waste acceptance policy will be mailed to the management of all major firms and municipalities who actively use the landfill. Information on the waste inspection process will be given to the local newspaper for presentation as a public service announcement. CC DJsp~ut-Pay.doc B - 8 FtNAL {37/3OJ~4 Level Two - Random Load Selection The selection of loads for random waste inspection consideration will exclude two groups of transporters: 1. Transporters who provide adequate documentation (as specified in 30 TAC ,330.32(d) that unallowable wastes are avoided in the residential routing of collection vehicles. These vehicles will be identified by number. 2. Transporters of mixed residential and commercial waste that can provide assurance that the generator propedy classifies the waste and is routinely checked by the transporter for compliance. Individual vehicles not associated with any commercial activities or businesses will also be generally exempted from waste screening consideration. All other vehicles will be included in the pool of loads for waste screening consideration. Backup Procedure: In accordance with 30 TAC ' 330.114 (5)(A); If at any time an excluded vehicle outside the pool is found to have suspect waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to waste screening consideration. Level Three - 30 TAC ' 330.32(d) All transporters will be required to comply with 30 TAC ' 330.32(d). A surcharge for waste removal will be assessed to any transporter who is discovered to have dumped an unacceptable waste. In all cases the site operator refuses to accept ownership of any unauthorized waste. Level Four - Screening Waste screening will take place in the following three ways: All manifested wastes will be checked for conformance to the manifest. Vehicles transporting manifested wastes will be excluded from the pool of vehicles subjected to random waste screening sampling. All vehicles entering the landfill for disposal purposes including those not related to any business or commercial activity will be screened for unauthorized waste at the entrance gate. The operator maintains the right to question the driver of any vehicle entedng the landfill. Any suspect loads will be directed to the waste screening site for inspection. All inspections will be documented in the operating record. Screening at the working face will be done by the attendant and the equipment operator by observing both the offloading and spreading of the waste. CC Dlsp-Put-Pay,doc B - 9 FINAL 07/30/04 Random waste inspection will be accomplished by determining the pool of vehicles available for inspection, including all vehicles not previously mentioned as being excluded. From this pool, one vehicle will be randomly inspected on a weekly basis as recommended by the Texas Engineering Extension Service (TEEX). The random one percent selection from the pool of vehicles available for inspection will be made using random number tables. Part D - Waste Inspection Process The waste screening process will involve the following steps: Step One - Determination of waste load to be screened. (As outlined in Pad C.) Step Two - Preparation of the waste screening site. A concrete pad will be constructed at the landfill approximately 50' x 100' in size and windscreen fencing will be utilized to maintain wastes within the designated area. Step Three - A team of people will be selected to conduct the waste screening process. Personnel involved in the waste screening process will include those who meet the following criteria: must have completed the training requirements outlined in Part B (and basic first- aid training) must possess good oral and wdtten communication skills must be free of any physical limitations that would hinder performance of screening operations must possess good vision, good sense of smell and the ability to readily detect heat Step Four - The basic equipment needed to perform the waste screening process will include the following: rake, hoe, shovel for the purposes of moving and sorting waste wire cutter and pry bar the purpose of opening containers poles and flagging for the-purpose of marking areas of suspected waste contamination inspection forms, watch, camera, clip board for the purposes of recording the inspection results fire extinguisher, absorbent material and soil for the purpose of fire suppression and spill containment cc Disp~:~ut-Pay.doc B - 10 FINAL 07/30/04 paint filter test kit for the purpose of determining free liquids first-aid kit two-way radio for communication purposes Step Five - Protective equipment needed to perform the waste screening process will include the following: safety goggles for eye protection - chemically resistant boots, gloves and tyvek suits hardhat Step Six - Waste screening recording form_ (Attached in Section 9) Step Seven - RemediaUon: In accordance with 30 TAC , 330.114 (5) (E); the following procedure will be followed in the event that a hazardous or non-allowable waste is found in the waste screening process: 1. Non-allowable wastes will be loaded back onto the vehicle and the transporter will be required to give evidence of where the waste is taken for disposal. 2. Hazardous wastes if identifiable and not an imminent threat to the landfill or human health, will be removed from the screening area and temporarily confined in the hazardous waste storage building of the household hazardous waste facility (located adjacent to the screening area), until such time that arrangements for its removal and subsequent disposal can be made by a hazardous waste contractor. If, however, the waste does pose an imminent threat to the landfill or human health, the City's Fire Department (Hazmat Unit) will be contacted to secure the waste and assure its safe containment. In either case, any costs associated with the proper disposal will be the responsibility of the transporter who brought the waste to the landfill. CC DIsp-Put-Pay.doc B - 1 1 FINAL 07./30J04 7. FIRE PROTECTION PLAN The following steps must be taken regularly by designated landfill personnel to prevent fires: Burning waste must be prevented from being dumped in the active area of the landfill. The Gate Attendant and equipment operators must be alert for signs of burning waste such as smoke, steam, or heat being released from incoming waste loads. $ Fuel spills must be contained and cleaned up immediately. Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and grass and weeds mowed so that forest, grass, or brush fires cannot spread to the landfill. $ No smoking on the active areas of the landfill site. Specific Fire-Fighting Procedures If a fire occurs on a vehicle or piece of equipment, the first step is to bdng the vehicle or equipment to a safe stop. If safety of personnel will allow, the vehicle must be parked away from fuel supplies, uncovered solid wastes, and other vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. If the fire is in the working face, the burning area should be isolated, by pushing the fire, with the wind, out of the working face. Soil should be placed on the fire to smother it. If this is not possible or unsafe, efforts to cover the working face with earth must be initiated immediately to smother the fire. General Rules for Fire Incidents Contact the Fire Department by calling 361/854-9704 or 911. The Cities Fire Department, approximately 3.5 miles away, would respond if necessary. $ Alert other facility personnel. Assess extent of fire and possibilities for the fire to spread and alternatives for extinguishing the fire. If it appears that the fire can be safely fought with available fire fighting devices until arrival of the Fire Department, attempt to contain or extinguish the fire. Upon arrival of Fire Department personnel, direct them to the fire, and provide assistance, as appropriate. CC Disp-Put~ay doc B - 12 FINAL 07/30/04 $ Do not attempt to fight a fire alone. $ Do not attempt to fight a fire without adequate personal protective equipment. $ Be familiar with the use and limitation of firefighting equipment. Fire fighting methods include smothering with soil, separating burning material from other waste, and spraying with water from the water truck or pumped from nearby ponds or streams. If detected soon enough, a small fire may be fought with a hand-held extinguisher. Fire extinguishers will be located at the Gate House and on each piece of operating equipment. Generally, the firefighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster that soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2500 feet of the working face or active disposal area to cover the entire working face. The site must be provided with fire extinguishers, of a type, size, location, and number as recommended by the local Fire Department or the City's insurance carrier. Fire extinguishers must be fully-charged and ready for use at all times. Each extinguisher must be inspected on an annual basis and recharged as necessary. These inspections must be performed by a qualified service company, and all extinguishers must display a current inspection tag. Inspection and recharging must also be performed following each use. The gate house, as well as all landfill equipment and vehicles, will be equipped with fire extinguishers. CC Dlsp-Put-Pay.doc B - 13 FINAL 07/3O/O4 EXHIBIT C INSURANCE REQUIREMENTS Hauler Liability Insurance The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill under this Agreement until Hauler has obtained all insurance required by this exhibit and the required insurance has been approved by the City. The Hauler may not allow any subcontractor to deliver solid waste to the Landfill until all similar insurance required of the subcontractor has been obtained and approved. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, with the City named as an additional insured for all liabil~ policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates Commemial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury 8. Pollution Liability AUTOMOBILE LIABILITY-OWNED NON- OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY PROFESSIONAL POLLUTION LIABILITY/ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD $1,000,000COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 2_A. OF THIS EXHIBIT $100,000 $1,000,000 AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD CC Dlsp-Put-Pay.doc C - 1 FINAL 07/30/04 In the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. ADDITIONAL REQUIREMENTS The Hauler and its subcontractors must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through serf-insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that the Hauler sign the contract documents, the Hauler must provide the Risk Manager with a copy of its certificate of authority to serf- insure its workers' compensation coverage, as well as a letter signed by the Hauler stating that the certificate of authority to serf-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before the expiration of the Agreement by the City, the certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Hauler must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to Director of Solid Waste Services, City of Corpus Chdsti, P.O. Box 9277, Corpus Christi, TX 78469-9277. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Hauler and its subcontractors will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project, e.g., "City of Corpus Christi Solid Waste Hauler Agreement" must be listed under "Description of Operations" CC Dbp-Pul-Pay doc C - 2 FINAL At a minimum, a 30-day written notice to the City's Risk Manager of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1 .B.(1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B.(1)-(8) are included or excluded. CC Dtsp-Put=°ay.doc C - 3 22 CITY COUNCIL AGENDA MEMORANDUM August 17, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc. of Redlands, California in an amount not to exceed $40,168.15 for the ESRI suite of products used by the City's Geographic Information System users. ISSUE: Software must be maintained to allow for continued operation of the time management system, upgrades and improvements and to ensure that it stays compatible with other systems. ESRI, Inc. provided a quote for annual maintenance from October 2, 2004 through October 1, 2005 of the City of Corpus Christi's ESRI suite of application software. ESRI, inc. is the sole provider of ESRI application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On March 26, 2002 the City Council approved adjustment of the City's Geographic Information System base map and migration to the ESRI suite of products. FUNDING: Amount Budgeted Source of Funds (where budgeted) $ 40,168.15 5210--40470-530160 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gedcke, P.E. Director of MIS Attachments: None 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0811712004 AGENDA ITEM: Motion authorizing the City Manager or his designee to approve a Professional Services Work Order with Kronos, Inc. of Chelmsford, Massachusetts in the amount of $91,975 plus travel and per diem not to exceed $15,000, to provide the City with an upgrade to Kronos version 5 including first year software and hardware maintenance based on sole source. ISSUE: Kronos, Inc. continually enhances their systems by releasing new versions which contain improved functionality and take advantage of new technology_ As part of their business, they actively support only a set number of versions and have instituted a policy to support a version for four yeas from date of general release. This means all Kronos customers must upgrade their systems periodically to the newer version as it becomes available. The City is currently operating version 3, an older version, and must now upgrade to Workforce version 5 in order to continue receiving system support. This upgrade also includes all software and hardware maintenance for the next twelve months. KRONOS, Inc. is the sole provider of this upgrade service and licensing. According to Local Government Code 252.022(a)(7)(D), these are sole source procurement. BACKGROUND: On July 25, 2000, City Council authorized the purchase of the Kronos time management system. The system was purchased to capture employee time and interface with the PeopleSoft payroll module, which consolidates payroll information. The system automated the record keeping process of the payroll function. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. FUNDING: The total cost of $106,975.00 will be funded from the MIS Depaxtment FY0405. budget.. CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as presented. ... ~-.o~-~ c.~ Ogilvie Gencke, Director of MIS 24 CITY COUNCIL AGENDA MEMORANDUM August 17, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a tw~lve- month software maintenance agreement with Tiburon Inc. of Fremont, California in an amount not to exceed $91,574. included in the maintenance agreement are the Tiburon modules for Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging. ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that is s~ys compatible with other systems. Tiburon, Inc. provided a quote for annual maintenance from September 1, 2004 through August 31, 2005 of the City of Corpus Chdsti's Tiburon applications. Tiburon, Inc. is the sole provider of Tiburon application software maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: On November 25, 1997, City Council authorized purchase of the Computer Aided Dispatch and Records Management Systems with associated hardware. FUNDING: Amount Budgeted Source of Funds ~91,574 5210-,40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Ogilvie F_ Geric~e, P.E_ Director of MIS Exhibit A - Software Support and Maintenance Fees Exhibit B - Schedule of Services and Charges Exhibit C - Invoice # P242160 BACKGROUNDINFORMATION The Records Management System is the backbone of all information processed by the Police Department - offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checAs, an'est records, etc. The Computer A/ded Dispatching is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. Mobile Data is the laptops in the vehicles and the Automated Vehicle Locator is the system used to provide locations of all patrol units on a GIS mapping system. The systems were implemented in the eaHy 90's to replace outdated technology. A Om. pOe Corn. Ran2~ (5t0) 792-2108 Fax (510) 4948394 Invoice No. P242160 Attention Name Address City ~..hone Reference: Susan Schmidt Corpus Chdsti Police Department 321 John Sartain Corpus Christi State TX ZIP 78401 Software Support & Maintenance %/- Date P.O. No. Payment due by: Authorized by: ~roject Code 18-Jun-04 On or Before 9/1/04 NU115-04/12500.06 Description September 1, 2004 to August 31, 2005 Unit Price 1 PRMS $17,106.00 1 ICN $2,283.00 1 CAD $17,106.00 1 MCI $2,283.00 I 911 Inter[ace $2,283.00 1 EX'T-State $4,103.00 1 Pers-Training $2,283.00 1 Pawn Upload $4,167.00 I Court Interface $7,866.00 1 AVL $6,946.00 1 MDC $14,447.00 1 TIPS $7,677.00 1 Mobile Viewer $3,024.00 TOTAL Failuretopay ~vo~eon orbe~re due date may result~ term~a~on ofsuppo~ Tiburonreservestheright ~ chargean adm~ation ~e ~rreinstatementof lapsed support. TOTAL $17,106.00 $2,283.00 $17,106.00 $2,283.00 $2,283.00 $4,103.00 $2,283.00 $4,167.00 $7,866.00 $6,946.00 $14,447.00 $7,677.00 $3,024.00 $91,574.00 [ Client shall be responsible for all collection and/or attorney fees associated with the collection efforts associated with this invoice. Remit To: Tiburon Inc. 39350 Civic Center Drive. Fremont, CA 94538 . - 'Tiburon' 1]buron Busln~ Center 39350 Civic C~n[~ Drive Fr e~-non[~ C~lifomia 94538 Tel: (510) 792-210~ Fa.x: (510) 792-2~97 www. Oburonlnc,com June 15, 2004 Susan Schmidt Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Dear Ms. Schmidt, The agreement for on-going maintenance between the Corpus Christi Police Depa.rbnent and Tiburon expires on August 31, 2004. To be sure that the renewal process is completed prior to this expiration date, I have enclosed the new exhibits that will replace the current exhibits and become part of the agreement. If you require any changes to the covered softwa.re or service options on the enclosed exhibits, please contact your Tiburon account manager or me within thirty days of the date of this letter. My phone number is 510-792-2108 extension 2028. The invoice for annual support will follow under separate cover. Sincerely, Contract Administrator Enclosures EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT CONTACT - Susan Schmidt Corpus Christi Police Department CLIENT # NUl15-04 321 John Sartain Corpus Christi, TX 78401 Suppod and Maintenance provided to the CLIENT listed above shall be pursuant to the terTns and conditions of the TIBURON Agreement for Extended Service (the *Agreement"). The term of the Agreement shall commence on the effective date and shall continue until termination in accordance with the terms thereof. This exhibiI sets forth the current annual maintenance fee for the software applications and software modules listed below. Upon payment ol' the amount set forth below, this Exhibit A shall be aU:ached to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement. Tiburon reserves the right to increase [he annual maintenance fee on an annual basis upon ninety (90) days pdor walt'ten notice to the CLIENT, which adjustments sha~ become effective on the anniversary of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes In the software applications and soFty'are modules listed below or changes in the level of suppo~ provided under the AgreemenL Such adjustments will be charged or credited as Incurred on a pro rata basis and will be reflected in a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of. the Agreement. Payments [or all technical services outside the scope of Basic Services and Options included in the CLIENT's annual maintenance fee shall be invoiced to [he CLIENT as Incurred. Ail such invoices shall be due and payable within thirty (30) days of CLIENT's receipt thereof. Tiburon reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi- annual or quarterly invoices. SoQware Model Months CPU Make Start End Total Fees PRMS 12 9/1/04 8/31/05 $17,106.00 ICN 12 9/1/04 8/31/05 $ 2,283.00 CAD 12 9/1/04 8/31/05 $17,106.00 MCI 12 9/1/04 8/31/05 $ 2,283.00 911 Interface 12 9/1/04 8/31/05 $ 2,283.00 EXT-State 12 9/1/04 8/31/05 $ 4,103.00 Pars-Training 12 9/1104 8/31/05 $ 2,283.00 Pawn Upload 12 9/1/04 8./31/05 $ 4,167.00 Court Interface 12 9/1/04 8/31/05 $ 7,866.00 AVL 12 9/1/04 8/31/05 $ 6,946.00 MDC 12 9/1/04 8/31/05 $14,447.00 TIPS 12 9/1/04 8/31/05 $ 7,677.00 Mobile Viewer 12 911104 8/31/05 $ 3,024.00 Total $ 91~574.00 Failure to pay when due [he annual maintenance fee, any adjustment thereto, any Invoice or any other amounts owing under the Agreement shall consti~te a default under the Agreement and could result in the termination of support services under [he Agreement, additional administrative charges for reinstating tapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). Page Io[ 1 EXHIBIT B TO THE AGREEMENT FOR EX-rENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and conditions of the TIBURON Agreement [or Extended Service (the "Agreement"). Upon CLIENT's payment oi' the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be attached to, and become part o[ the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit [] which, upon payment oi" any additional amounts due, shall be attached to, and become part o[, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the Extended Service Agreement [or the software systems as dei'ined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems Is 24 hours per day, 7 days per week. Suppod [or other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call-out charges will apply as described below. Tiburon personnel will visit CLIENT site periodically end meet with management, operations and other user personnel to conduct an operations review o[ the systems and an analysis of the CLIENT's automation requirements. A report will be produced to Include observations and recommendations regarding the CLIENT's use o[ the system. Working with the CLIENT, this review will be further documented In the form of a multi-year automation plan [or the CLIENT. There will be no charge for this service if tobal annual maintenance exceeds $20,000. The following is paraphrased i:rom the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set forth herein, Is included In the Basic Service. The quantity of voting members is based on the number of Tiburan products installed, with the appropriate sol(ware licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as Phoenix - Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail Management In[ormatlon System, and Communication & Interfaces. The Tiburon User Group Con[erence Is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON soY0,vare systems, subsystems and TIBURON provided third-party products, such es hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Corpus Chds§ Ex B 2004 Page 1 of 2 GOLD CARD SERVICE OPTION Quote available on request A total support program Is tailored for CLIENT and includes a schedule of on-site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon so[tware changes, installation o[ new sor~ware products obtained through this Agreement, and a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be atlached as Exhibit C and incorporated herein by re[erence.) TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or '24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out Charaes Systems not covered under 24/7 suppod, call-outs will be billed at $250 per call. AY'tar the first hour, [he rate is $250 per hour with a two-hour minimum. CLIENT's systems are covered under [he 24/7 support, the off-hour cell-out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, so['tware, and operating environment for dial-in sen/Ice. If CLIENT does not provide this support for dial-in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-s~te support required due to lack of remote access will be charged as de~ned in Exhibit B, page 2, item 2_ Coq)us ChrLsl~ Ex B 2004 Page 2 o[ 2 25 CITY COUNCIL AGENDA MEMORANDUM city Council Action Date: 08/17/2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to enter into a contract not to exceed $597,248 with Northrop Grumman Commemial Information Services, Inc. of Hemdon, VA to provide and implement an Automated Meter Reading (AMR) Solution with all components as part of the Automated Meter Reading / Wireless Broadband Network (WiFi) Pilot project_ ISSUE: The City contracted with Public Technology, Inc. (PTI) to provide consulting services for the design, implementation and evaluation of an automated meter reading/wireless broadband network pilot project. PTI developed and issued an RFP for Automated Meter Reading and received five responses. The responses from Northrop Grumman Commercial Information Services/Hexagram (NGCIS) and Atos Odgin/Cellnet were compliant and both companies proposed fixed network solutions. The response from AMCO was eliminated. It was for a ddve-by solution, was expensive and had technical shortcomings. The responses from Arkion and Itron were non-compliant. The Project Team then evaluated and scored the two proposals and ranked Northrop Grumman Commercial Information Services highest using the following criteria: · Functional - ability to interface with meters from multiple manufactures, ease of use, etc. · Technical - ability to integrate with the City's existing and planned systems · Vendor profile - attributes of the company · Cost- acquisition, implementation, and maintenance · References- NGCIS provided Atlantic City as reference The City is now ready to install the Automated Meter Reading Solution in the Pilot project areas. If proven successful, the contract allows for the City to exercise the option to provide and implement the AMR solution citywide at a cost not to exceed $16,115,802 if built out over 3 years, or $16,595,288 if built out over 5 years. The meters will be provided by the City as needed. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,OOO. PREVIOUS COUNCIL ACTION: · City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003 · City Council approved a Contract with PTI of Washington DC to provide consulting services for the Automated Meter Reading / Wireless Broadband Network Pilot project on October 21,2003 · City Council approved a contact with Tropos Networks, Inc. and PTI of Washington, DC to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading / Wireless Broadband Network Pilot project on May 18, 2004 FUNDING: Amount Budgeted $597,248 Source of Funds 4475-00000-550910-200465 $ 298,624 4550-00000-550910-200465 $ 298,624 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gedcke, P.E., Director of Information Technology BACKGROUNDINFORMATION Numerous issues are facing the City's meter reading activity today. First, the existing manual meter reading system is expensive and does not support good customer service. Secondly, legislation requires individual metering for multi-family dwellings, apartments and trailer parks_ Thirdly, the City's aging meter infrastructure is being considered for a significant upgrade. It was therefore prudent to evaluate if an Automated Meter Reading solution may be more cost efficient when compared to the current manual system. Public Technology, Inc. was hired to assist staff in this assessment and with the development of a strategy and specific recommendations for the pursuit of an Automated Meter Reading solution. We completed this task and the projected cost estimates, with corresponding savings opportunities, indicated that Automated Meter Reading should be considered a viable altemative and that shadng of infrastructure with other wireless systems is also desirable. City Council approved a contract with Trepos Networks, Inc. and PTI of Washington, DC on May 18, 2004 to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading / Wireless Broadband Network Pilot project. We are now ready to replace obsolete meters and implement the Automated Meter Reading Solution with all components in the pilot area 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2004 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute Amendment ~e2 to the lease agreement between the General Services Administration (GSA), acting for the Transportation Secudty Administration (TSA), and the Ci[7 of Corpus Chdsti by extending the lease term for eleven (11) months through September 30, 2004, at the same rental rate and square footage; and declaring an emergency. ISSUE: The Aviation Department is currently leasing approximately 6,710 square feet of rentable office space to the Transportation Secudty Administration (TSA) on a short-term lease. TSA is paying the City $87,632.30 annually prorated on a monthly basis. General Services Administration (GSA) would like to extend the lease term for eleven (11 ) months through September 30, 2004, at the same rate and square footage. An amendment is needed in order to continue the current short term lease until the build-out of the newly constructed terminal space is complete. Build-out is scheduled to be complete by the end of August 2004 upon which TSA will vacate the old tower building and move into their new office space in the terminal. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 10/29/02 - (Oral 025076) - Council author/zed the execu{Jon ol~ a short term Pease for a pealed not to exceed one year between the City of Corpus Chdsti and the General Services Administration (GSA), acting for the Transporation Security Administration (TSA), for approximately 6,710 square feet of rentable office space. 1/14/03 - lOrd 025169) - Council authorized the execution of Amendment #1 to the lease agreement between the General Services AdminstralJon (GSA), acting for the Transportation Secudty Administration, and the City of Corpus Christi by increasing their current rentable office space of 6,710 square feet by 283 square feet for a total of leased space to 6,993 square feet. 10/28/03 -lOrd 025539) - Council authorized the execution of a lease agreement with the United States through/ts General Services Adminis~alJon for the Transportation Security Administration for use of space at Corpus Chdsfi International Airport in consideration of payment of rent at an annual rate of $66.71 per square foot, for a term of fifty-four months with the option to extend for an additional fifty- four months. FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board took actiOnMeeting, to recommend approval of this lease at the A~0~B~ Department Head Slgna~re Attachments: Exhibit A: Background Information BACKGROUNDINFORMATION The Aviation Department was approached by the Transportation Security Administration (TSA) with a request to provide approximately 6,000 square feet of office space for staff personnel. Approximately 6,710 square feet of office space was rented to them inside of the Old Tower building at $87,632.30 annually prorated on a monthly basis. Additionally, they requested rentable office space be built inside of the new terminal. The Airport has agreed to provide 6,993 square feet of office space which will provide $2,162,689 over the standard lease term for the Airport. This office space is nearing completion and TSA is preparing to move into this space. In order to implement the new lease in the new space, an amendment must be made to the original short term lease for the old Tower Building. This amendment will extend the lease term for eleven (11) months through September 30, 2004, at the same rental rate and square footage. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT #2 TO THE LEASE AGREEMENT BETVVEEN THE GENERAL SERVICES ADMINISTRATION (GSA), ACTING FOR THE TRANSPORTATION SECURI'FY ADMINISTRATION (TSA), AND THE CITY OF CORPUS CHRISTI BY EXTENDING THE LEASE TERM FOR ELEVEN (11) MONTHS THROUGH SEPTEMBER 30, 2004, AT THE SAME RENTAL RATE AND SQUARE FOOTAGE; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an amendment to the short term lease between the General Services Administration (GSA), acting for the Transportation Security Administration (-I-SA), and the City of Corpus Chdsti by extending the lease term for a period of eleven months through September 30, 2004, at the same rental rate and square footage. 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 ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED this the 12th day of August, 2004. BY:J .~P-Burke, Jr. r~ A.~sistant City Attorney Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 ~vo 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, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr Brent Chesney Javier D Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 27 CITY COUNCIL AGENDA MEMORANDUM August17,2004 AGENDA ITEM: Ordinance appropriating $97,354.75 in the Airport Capital Reserve Fund 4611; transferring and appropriating $97,354.75 into the Airport CIP Fund-Capital Reserve Fund 3020A for Engineering Services for Airport improvements; amending FY 2004-05 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $97,354.75; and declaring and emergency. ISSUE: The City Council previously approved a contract with PGAL for Airport Engineering Services for several CIP projects. This ordinance will propedy align the funds required for this contract at year-end into the correct fund. When the PGAL contract was approved, a portion of the funding for the contract was appropriated in the Operating Fund and the Capital Reserve Fund. Since this is a CIP expense, it is necessary to transfer the appropriations from the Operating and Capital Reserves Funds into the CIP Capital Reserve Fund. This action will serve that purpose. PREVIOUS COUNCIL ACTION: Approval of A/E conb'act with PGAL on June 8, 2004. FUNDING: Funds are available in the Airpod Capital Reserve Fund 4611 Fund Balance. CONCLUSION AND RECOMMENDATION: The Airport Board took action to recommend approval of this item at the August 11, 2004 Board Meeting. ~~.~ Department Head Signature Attachments: Ordinance ORDINANCE APPROPRIATING $97,354.75 IN AIRPORT CAPITAL RESERVE FUND 4611; TRANSFERRING AND APPROPRIATING $97,354.75 INTO THE AIRPORT CIP FD-CAPITAL RESERVE FUND 3020A FOR ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS; AMENDING FY 2004-2005 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025878 TO INCREASE APPROPRIATIONS BY $97,354.75; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $97,354.75 is appropriated from fund balance in Airport Capital Reserve Fund 4611 and $97,354.75 is transferred and appropriated into the Airport CIP-Fd-Capital Reserve Fund 3020A for engineering services for airport improvements. SECTION 2. That FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 is amended to increase appropriations by $97,354.75. SECTION 3. 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 this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 9, 2004 A'~sistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2004 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, Respec~ully, Samuel L. Neal, Mayor City of Corpus Christi CouncilMembers 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 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2004 AGENDA ITEM: Ordinance appropriating $109,691 from the Federal Aviation Administration Grant No. 32 in the No. 3020 Airport Capital Improvement Fund, for Construction Terminal Apron, Phase II; amending FY 2003- 2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $109,691; and declaring an emergency. ISSUE: An asphalt area of approximately 2,150 square yards immediately west of the terminal was used by Fulton/Coastcon and other contractors during the terminal construction as a haul route/staglngJlay down area and is in need of being reconstructed. An area o[ approximately 730 square yards south of the commercial apron engine generator used as a lay down area was not concreted dudng the Apron Phase 2 project. FAA approved grant funding at a 90/10 allocation for this project. The Airport's 10% match is $12,187.99. REQUIRED COUNCIL ACTION: All Resolution and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 6/12_/01 - Resolution authorizing the acceptance of FAA Grant ~L32 in the amount of $1,950,400 to Construct the Terminal Apron-Phase II and Improve the Airfield Lighting Control System at Corpus Christi International Airport. 6/12/01 - Ordinance appropda§ng $1,950,400 from FAA Grant #32 in the No. 3020 Airport Capital improvement Fund for the Terminal Apron Improvements Project-Phase II and Airfield Lighting Improvements project; appropriating $53,000 in the No. 4621 Passenger Facility Charge Fund for the Airfield Lighting Control System. 6/12/01 - Motion authorizing the execution o[a construction contract in the amount of $355,260 with Scott Electdc CO_ of Corpus Chdsfi, Texas for the Corpus Chdsfi Intemational Airport Airfield Lighting Improvements (ALSC) project. FUNDING: Funding is available in the Airport CIP FD-Capital Reserve Fund 3020A. CONCLUSION AND RECOMMENDATION: The Airp°rt B°ard t°°k action t° roc°mmend appr°val °f this item at the/~,~.ii).~~Meeting. Depa,'trr~nt Head Signal,re Attachments: ORDINANCE APPROPRIATING $109,691 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 32 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND, FOR CONSTRUCTION TERMINAL APRON, PHASE II; AMENDING FY 2003-2004 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY $109,691; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $109,691 is appropriated from Federal Aviation Administration Grant No. 32 in the No. 3020 Airport Capital Improvement Fund for Construction Terminal Apron, Phase II. SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 is amended to increase appropriations by $109,691. 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 2004, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~u~u,~'f /O ,2004 ',A'ssista nt ~ity~y ~n P. Burke, Jr. ~ ' For City Attorney Samuel L. Neal, Jr. Mayor LaurieLlohnBurke\OrdlnanccllcskRcso4AIP Grant .lin Corpus Christi, Texas Day of ,2004 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 Charier 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, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Laurie~Johallurke\OrdinanceReskReso4AIP Gr~nt .Ill 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2004 AGENDAITEM: Ordinance authorizing the ~ Manager or his designee to execute a long term lease expiring September 30, 2016 with the Federal Aviation Admini~bal~3~ for an Airport Surveillance Radar Facility site at Eveiyn Price Park located in the City of Corpus ChdstJ; providing for pl. JblicatJofll ISSUE: The FAA has had a lease for this equipment at this site for several years that expired in 2001. Staff, along with the City Attorney's office, has been working with the FAA for some time now on Inserting language acceptable to the FAA in a new lease concerning TCEQ mandated disclosures that Evelyn Pdce Park was a portion of a closed municipal solid waste landfill and the rules that the FAA must abide by as a result of this disclosure. Last month, we received approval from the FAA for the new lease with the required disclosures. REQUIRED COUNCIL ACTION: All Resolution and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 10/1/91 (Ord. 021253) - Council approved the lease agreement between the City of Corpus Chdsti, Texas and the United States of America for a term beginning October 1, 1991 and ending September 30, 1992 for a 200' x 200' plot of ground located in Evelyn Pdce Park, with annual renewals allowed through September 30, 2001. FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board took action to recommend approval of this item at the August 11, 2004 Board Depart~nent Head Signature Attachment: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LONG TERM LEASE EXPIRING SEPTEMBER 30, 2016 WITH THE FEDERAL AVIATION ADMINISTRATION FOR AN AIRPORT SURVEILLANCE RADAR FACILITY SITE AT EVELYN PRICE PARK LOCATED IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a long term lease expidng September 30, 2016 with the Federal Aviation Administration for an airport surveillance radar facility site at Evelyn Price park located in the City of Corpus Christi. SECTION 2. The Lease shall become effective upon the expiration of 60 days following its date of final adoption by the City Council. SECTION 3. Publication will be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. A'FrEST: THE CITYOFCORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Christi APPROVED the II._.day of ,~n P Burke, Jr. /~ssistant City Attorney for City Attorney ,20O4. Laurie~Jo~nBurke\OrdinanceResolution2004~anending Lease w/Host International ]la That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Samuel L. Neat, Jr. Rex A. Kirmison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney JavierD. Colmenero Melody Cooper Jesse Noyola Henry Garrett Bill Kelly APPROVED AND PASSED on this ATTEST: Mark Scott __ day of ,2004. Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO LEGAL FORM on the __ day of ,2004. John P. Burke, Jr. Assistant City Attorney H:\LEG-DIRkLauhe~ohnM3rdinance\Ordinance 4 airlmrt grant 36.fla 30 CITY COUNCIL AGENDA MEMORANDUM August 11, 2004 AGENDAITEM: Ordinance abandoning and vacating a 5,075-square foot portion of a lO-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions; and declaring an emergency. Ordinance abandoning and vacating a 6,710.2-square foot poraon of a 10-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions; and declaring an emergency. Ordinance abandoning and vacating an 871.2-square foot portion of a 10-foot wide utility easement in Lot 4, Block 1, Moore PI~:,~; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions; and declaring an emergency. ISSUE: Closure of the three 1 O-foot wide utility easements is required so that the owner, Wal-Mart, may expand their present building over the area that the existing utility easements presently occupy. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any porlJon of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the properly is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. pment Services Attachments: Exhibit A - Background information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSUREAND BACKGROUND: Johnson & Pace, Inc. on behalf of WaI-Mad Stores, Inc., is requesting the abandonment and vacation of two 10-foot wide utility easements in Lot 10R, Block 1, Moore Plaza, totaling 11,785.20- square feet and an 871.20-square foot porlJon of a 10-foot wide utility easement in Lot 4, Block 1, Moore Pl~Ta The proposed abandonment and vacation of the three utility easements is to accommodate the future construction expansion o[ the existing Wal-Mart building located in Moore Plaza, at Everhart Road and South Padre Island Drive. All public and franchised utilities were contacted. City Water Department has a fire line and fire hydrant within the utility easements that will have to be removed, capped, and relocated within the limits of the easement to be vacated. Owner will also have to meet all fire protection requirements at time of Building permit. Southwestern Bell Company (SBC) has an existing underground telephone line that will have to be relocated at owner's expense. AEP has an existing underground electrical line that will have to be relocated at owner's expense. None of the other city departments and franchised utility companies had any facilities or objectJons to the drainage and utility easements being vacated and abandoned. Owner is to pay a fair market value fee of $1,665.00 for the net difference (333 sq. ft. x $10.00 per/sq.ft .x 50% discount) between the abandonment and vacation and dedication of a 333-square foot portion of easement rights-of-way. The 333-square feet is the total net square footage between the 12,656-square feet of 10-foot wide utility easement proposed for abandonment and the 12,323- square feet of 10' wide utilily easement proposed to be dedicated. EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: August 11, 2004 TO THE CiTY MANAGER OF THE CI'FY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Auclus117, 2004 ORDINANCE CAPTION: Chdinance abandoolng and vacalJng a 5,075-square toot poriJoo of e 10-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring Ihe owner, Wal-Mart Stores, Inc., to comply with the specified conditions; and dedadng an emergency. Ordinance abandoning and vacating a 6,710.20-square I~oot portJoo of a 10-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring the ova3er, Wal-IVart Stores, Inc., to comply with the specified conditions; and declaring an emergency. Ordinance abandoning and vacating an 871,20-square foot poriJon of a 10-foot wide u'dlity easement in Lot 4, Block 1, Moore Plaza; requiring the owner, Wal-Mart Stores, Inc,, to comply with Ihe specified conditions; and dedadng an emergency. O'FHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Vcdume 56, Page 40, and Volume 54, Page 63, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Ow~erlstopayafalrman~etvalueteeof $1,665.00 for the nat abandonment and vecat~en of 333- 2) 3) 4) 5) 6) square feet of utility easements Owner Is to abandon and vacate three 10' wide uUllty easements totaling 12,656-square feet. Owner will be dedicating a tota~ of 12,323-square feet of utility easements for the relocaUon of exJsUng water, electhcal, and telephone fines. Difference between the abandonment and dedication of utility easements will be 333-square feet. Owner must relocate an existing waterline and fire hydrant at owner's expense. Owner must relocate an existing SBC underground telephone line at owner's expense, Owner must relocate an existing AEP underground eleclz'ical cable line at owner's expense Upon approval h'om Council and ordinance Issued, all grants of easement deaurss must be recorded in the real property Map Records of Nueces Counb/, Texas, In which [he property Is located, Prior to Building Permit approval of consb~Jcflon, an up-to-date survey, absl~acted for ail easements and items of record, must be submi~ed to the Director or' Development Set, cas. REQUESTED BY: ~liractor of De',~lopment Services APPROVED: DA'r~: EXHIBIT B VIC. INITY MAP N.T.S. EXHIBIT C EASEMENT CLOSURES LOTS 10R & 4, Block 1, MOORE PLATA EXISTING BUILOING (NAL-HART) E 121 >- m )5 FND 2'IP N/CONC X~13~5684.86' Y-~?~4965§.80' ,~0 'UE VOL .56, P~ 40. NCJ~ PROPOSED BUILDING EXPANSION Ii Ii II Ii ,111 LOVETT DENTAL LOT 9. BLC)CK !. VOL 6,5. Pt~ 17. "~\\~-~ > 0~- // %~ ~"' / / BUILDING ~ SK~CH OF ~ ~SEMENT ABANDONMENT FOR RELOCA~ON OF ELECTRICAL & ~1FPHONE UNES (0.1 16 ACRE) )6 EXHIBIT C · ~'o. (a) CORPUS CHRISTI. NUECES COUNTY. TEXAS FND 2'IP W/CONC LOVETT DENTAL LOT 9, BLOCK !, VOL ~, P~ 17, NCI~R BUILDING c (WAL-NART) m BUILDING ~ EXPANSION W EXISTING o / BUILDING ~ / (OLD K-HART) ~ ~ ~ /. ~ Io // m 1! Ii ~ // D / m UNE TABLE BEARING DISTANCE L3 N6'I 'L~J'30'N 148.52' L4 S28 '36' 07'H 73.50' L5 S6~'23'53'E t0.00' L6 S28 '36 ' 07'N ~0,00' L7 N62 '23'53'~ 10 00' LB S6't '23'53'E t0.00' L9 S28'36'07'H 10 00' Lt0 N61'23'53'W 10.00' Ltl S28 '36' 07' N 53.00' SKETCH OF EASEMENT ABANDONMENT , FOR RELOCATION WATER LINE (0.154 ACRE) EXHIBIT C (b) CORPUS CHRISTI. NUECES COUNTY. TEXAS AN ORDINANCE ABANDONING AND VACATING A 5,07S-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 10-R, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, WAL-MART STORES, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 5,075-square foot portion of a 1 O-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas, that the owner, Wal-Mart Stores, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 5,075-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay the fair market value of $1,665.00, for the vacation and abandonment of a 333-square foot remainder portion of three separate easement rights-of-way. Owner will be vacating and abandoning three (3) separate 10-foot wide portions of utility easements totaling 12,656-square feet and this amount is offset by the dedication of 12,323-square feet of new utility easements. 2. Owner must relocate existing water lines and fire hydrant at Owner's expense. Owner must relocate an existing SBC underground telephone line at Owner's expense. Owner must relocate an existing AEP underground cable line at owner's expense. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records and map records of Nueces County, Texas. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:~LEG-D1R~ os eph\ORD-walrnart-1 .doc 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 17th day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved %,,...f [/ ,2004 By: Joseph~mey~ Assistant City Attomey For City Attorney H:~LEG-DIRkJoseph\ORD-walmart- 1 .doc Corpus Chdsti, Texas day of ,2004 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex ^. Kinnison Jesse Noyola Mark Scott H:~LEG-DlRkJoseph\O RD-walmart- 1 .doc AN ORDINANCE ABANDONING AND VACATING A 6,710.2-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 10-R, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, WAL-MART STORES, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,710.2-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas, that the owner, Wal-Mart Stores, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the C~ of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,710.2-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay the fair market value of $1,665.00, for the vacation and abandonment of a 333-square foot remainder portion of three separate easement rights-of-way. Owner will be vacating and abandoning three (3) separate 10-foot wide portions of utility easements totaling 12,656-square feet and this amount is offset by the dedication of 12,323-square feet of new utility easements. 2. Owner must relocate existing water lines and fire hydrant at Owner's expense. Owner must relocate an existing SBC underground telephone line at Owners expense. Owner must relocate an existing AEP underground cable line at owner's expense. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records and map records of Nueces County, Texas. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:~LEG-DIRUo seph\ORD-waimm't-2 .doc 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 17th day of August, 2004. A'I-I'EST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /~ ,,,.~ ~. ,.f- // ,2004 Assistant City Attorney For City Attorney H:~LEG-DIR~Joseph\ORD-walmart-2 .doc Corpus Christi, Texas day of ,2004 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-D1RLloseph\ORD-walmart-2.doc AN ORDINANCE ABANDONING AND VACATING A 871.2-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 4, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, WAL-MART STORES, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 871.2-square foot portion of a 1 O-foot wide utility easement in Lot 4, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas, that the owner, Wal-Mart Stores, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 871.2-square foot portion of a 10-foot wide utility easement in Lot 4, Block 1, Moore Plaza, as recorded in Volume 56, Page 40, and Volume 54, Page 63, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay the fair market value of $1,665.00, for the vacation and abandonment of a 333-square foot remainder portion of three separate easement rights-of-way. Owner will be vacating and abandoning three (3) separate 10-foot wide portions of utility easements totaling 12,656-square feet and this amount is offset by the dedication of 12,323-square feet of new utility easements. 2. Owner must relocate existing water lines and fire hydrant at Owner's expense. Owner must relocate an existing SBC underground telephone line at Owner's expense. Owner must relocate an existing AEP underground cable line at owner's expense. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records and map records of Nueces County, Texas. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:\LEG-D1RXJoseph\ORD-walrnart-3.doc SECTION 2. 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 this the 17th day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved //~r,--5 -,,/'- Ii ,2004 By: Joseph~arney ~ Assistant City Attoml~/~ For City Attorney H 5LEG-DIRX.loseph\ORD-walraart-3 .doc Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~Joseph\O RD-wa lmart -3 .doc ~-- ~ AGENDA MEMORANDUM City Council Action Date: Auguet 17. 2004 AGENDA ITEM: An ordinance amending Section 19-1 of the Code of Ordinances relating to definitions; enacting subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 relating to inspection results placards; providing for penalties; providing for severance; providing for an effective date; and providing for publication. ISSUE: It is proposed that the Code of Ordinances be amended to establish a ratings system for restaurants. This system would allow restaurants receiving two consecutive health inspection scores of 90 or more with no critical violations to be issued a placard including an "A" letter grade for public display. The proposed ordinance sets procedures for the issuance, reissuanca, suspension, removal, and revocation of the inspection placard, and provides for penalties for removal or improperly displaying a health inspection placard. The proposed ordinance has been reviewed by the Food Service Advisory Committee and has received its endorsement. REQUIRED COUNCIL ACTION: Approval of the amendment to Section 19-1 and 19-3 of the Code of Ordinances. PREVIOUS COUNCIL ACTION: None FUNDING: No fiscal impact. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the amendments to Section 19-1 and 19-3 of the Code of Ordinances. Michael Silvers, D.O~'I~.~.H. Director of Public Health BACKGROUND INFORMATION It is proposed that the Code of Ordinances be amended to establish a ratings system for restaurants. This system would allow restaurants receiving ~ consecutive health inspection scores of 90 or more with no critical violations to be issued a placard including an "A" letter grade for public display. The proposed ordinance sets procedures for the issuance, reissuance, suspension, removal, and revocation of the inspection placard, and provides for penalties for removal or improperly displaying a health inspection placard. The proposed ordinance has been reviewed by the Food Service Advisory Committee and has received its endorsement. It is expected that this ordinance would provide restaurants with an incentive to improve sanitation by rewarding those with consistently high inspection results with a publicly displayed placard which recognizes their high level of achievement. Consumers could also benefit by easily being able to identify restaurants meeting high health standards. Similar ratings systems have been established by other municipalities and have been well received by the public and the food service industry. AN ORDINANCE AMENDING SECTION 19-1 OF THE CODE OF ORDINANCES RE- I ATING TO DEFINITIONS; ENACTING SUBSECTIONS 19-3.1, 19-3.2, 19-3.3, 19-3.4, AND 't9-3.5 TO ESTABLtSH A RESTAURANT RATtNG SYSTEM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 19-1 of the City Code of Ordinances is amended by revising the language to read as follows: "Sec, 19-1. Definitions. "The following definitions shall apply in the interpretation and enforcement of this chapter: "City health officer: Cit~ Health Officer means The director of public health or tho 3ppointco of the director of public health, the Director of Public Health or the Director of Public Health's desiclnee. "Clearly visible means posted in the front window of the food establishment within five feet of the front door, posted in a display case mounted on the outside front wall of the food establishment within five feet of the front door, or posted in a Ioca- tion as directed and determined in the discretion of the Ci~ Health Officer to eh- sure proper notice to the qeneral public and to patrons. "Critical violation means any four or five-point violation as noted on an inspection report. "Food establishment: Food establishment means .~..-,¥ any place where food is pre- pared and intended for individual portion service, and includes includin.q the site at which individual portions are provided, reclardless of whether consumption is on or off the premise and whether there is a charqe for the food. The term includes any such place regardles~ of whether consumption is on or off tho premises and re gardless of whether there is a charge for the food. Thc term also includes delica tessen type operations that prepare sandwiches intended for individual portion ser vice. The term does not include private homes where food is prepared or served for individual family consumption, consumption; a private group preparing and serving food for its own consumption, consumption; food vending machines, machines; and supply vehicles. "Health officer: means Thc director of public health or the city health officer, which terms may be used interchangeably, and shall be construed to include any of his/hor assistants, deputies, inspoctor¢, canitadanc, or any othor official roprocon tative of the department of public health. "Health Officer means the Director of Public Health or the Citv Health Officer, which terms may be used interchanqeablv, and includes any assistants, deputies, in- spectors, sanitarians, or other official representatives of the Department of Public Health. "Hoalth permit: Health permit means A a permit to be provided to each food estab- lishment, such as a food service establishment, temporary food service estab- lishment, food processing establishment, retail food stcrc store, or mobile food unit upon payment of a the applicable fee and the mooting of the vadous inspoctions necer.,sary, and defined within thic chapter, compliance with the inspection require- ments and provisions stated in this chapter pdor to commencement or continuation of the food operation. "Inspection report means the wdtten results of a routine inspection conducted by a Health Officer of a food establishment in the Citv. "Inspection results placard means a written document issued and posted by a Health Officer which provides to the public information concerninq the inspection report and ratinq score of the particular food establishment for which it is issued. "Permanent fixed-site food establishment means a structure or portion of a structure in which is located a non-mobile, non-temporary, food service establishment such as a restaurant or delicatessen for which a health permit has been issued. "Ratinq score means the numerical percentaqe result of a routine inspection of a food establishment as reported on the inspection report. "Routine inspection means a periodic, unannounced inspection of a food establish- ment conducted by a Health Officer in order to determine compliance with appli- cable federal, state, and local laws, ordinances, rules, re(~ulations, and directives relatin(~ to public health, safety, and sanitation. A routine inspection does not mean an inspection conducted by a Health Officer to determine compliance with a pre- viousl¥ issued inspection report or any interim inspection conducted to determine compliance with specific laws, rules, re~lulations, or directives applicable to food establishments. "Secondary inspection means an inspection of a food establishment conducted by a supervisory Health Officer to determine whether the results of an inspection report support suspension of a current inspection results placard and removal of a previously posted inspection results placard." SECTION 2. Subsection 19-3.1 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3'.1. Inspection Results Placard. A Health Officer shall issue an inspection results placard followinq the completion of two routine inspections of a permanent fixed-site food establishment if the ratine score of the food establishment meets or exceeds a rating score of at least 90 with- out any critical violations noted on the inspection reports for the first and second inspections. "(b) For purposes of the issuance of an inspection results placard, a food establish- ment that achieves a ratinq score of 90 or above in accordance with the standards set out in subsection (a) of this section shall be accorded a letter Grade of "A" on the inspection results placard. "lc/ An inspection results placard must show the name and address of the food estab- lishment for which it is issued, be approximatelv 8% inches bv 11 inches in size, include an "A" letter qrade, indicate the date of the most recent routine inspection, and contain the signature of the issuinq Health Off~cer Upon issuance of an inspection results placard, a Health Officer shall post the in- spection results placard at the food establishment so as to be clearly visible to the General public and to patrons entering the food establishment." SECTION 3. Subsection 19-3.2 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.2. Term; Reissuance; Suspension and Removal. "(a) An inspection results placard issued for a food establishment remains valid until a Health Officer completes the next routine inspection of the particular food estab- lishment or the food establishment's health permit is ordered suspended or revoked bva Health Officer under this chapter or State law. A food establishment that achieves a rating score of 90 or above without any critical violations noted on the inspection repod upon completion of the next routine in- spection followinq the issuance of an inspection results placard will be issued a cur- rent inspection results placard that meets the requirements of Section 19-3.1(c). "(c) In the event that a food establishment achieves a rating score of 85 to 89 without any critical violations noted on the inspection report upon completion of any routine inspection followin~ the issuance and posting of an inspection results placard, the Health Officer conductinq the inspection shall suspend the issuance of a current inspection results placard, remove the inspection results placard previously posted for the food establishment, and inform the owner/manaGer that the food establish- ment is eliqible for a secondary inspection. "(d) In the event that a food establishment achieves a raUnq score of 84 or below upon completion of anv routine inspection followin~ the issuance and postJnq of an in- spection results placard, the Health Officer conductinq the inspection shall revoke and remove the inspection results placard previously posted for the food establish- ment. A food establishment that achieves a ratinq score of 84 or below under this subsection is not eliqible for a secondary inspection." SECTION 4. Subsection 19-3.3 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.3. Secondarv lnspecfion. "(a) A food establishment that has had an inspection results placard removed under Section 19-3.2(c) may request a secondary inspection of the food establishment. A request for a secondary inspection must be in writincl and be delivered or electroni- callv transmitted to the Department of Public Health within two workinq davs of the conclusion of the routine inspection durinq which the inspection results placard was removed. Upon proper receipt of a request for a secondary inspection from a food establish- ment, a secondary inspection may be performed bva supervisory Health Officer within five workinq days. "(c) Upon the conclusion of a secondary inspection, the Health Officer conductinq the inspection shall determine whether or not the results of the routine inspection report do or do not support the issuance and postinq of an inspections results placard. "rd) If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report do not support the suspension of a current inspection results placard and the removal of a previously posted inspection results placard, the Health Officer shall issue and post a current inspection results placard for the food establishment. "(e) If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report support the suspension of an inspec- tion results placard and the removal of the previously posted inspection results placard, the Health Officer shall revoke the inspection results placard previouslv posted at the food establishment. "(f) In making the determination following the completion of the secondary inspection, the Health Officer may evaluate whether or not the occurrence of the violations cited in the routine inspection report was beyond the reasonable control of the owner/manaqer of the food establishment, such as a power failure or water short- aqe caused by no fault of the owner/manaqer or an act of nature, such as a flood. "(1) The occurrence of a violation determined bv the Health Officer to have been bevond the reasonable control of the owner/manaqer of the food establishment constitutes reasonable qrounds to support the issuance and postJnq of a cur- rent inspection results placard. "(2/ The occurrence of a violation cited in the routine inspection report that is deter- mined to have been beyond the reasonable control of the owner/manager upon the conclusion of a secondary inspection must be noted by the Health Officer in a supplementary report." SECTION 5. Subsection 19-3.4 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.4. Revocation of Inspection Results Placard. "(a) A food establishment that has had an inspection results placard revoked under Section 19-3.2(dl, Section 19-3.3(el, or that did not request a secondary inspection in accordance with the provisions in Section 19-3.3(a/must meet the requirements of Section 19-3.1 in order to be issued a current inspection results placard. The suspension or revocation of a health permit issued to a food establishment under this chapter is an automatic revocation of any inspection results placard issued under Section 19-3, and a Health Officer shall remove any inspection results placard posted at the food establishment." SECTION 6. Subsection 19-3.5 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.5. Penalties. "(al No person may remove, obscure, or deface an inspection results placard posted by a Health Officer. The prohibition contained in this subsection does not apply to a qovernment official actinq under proper authodW in the performance of qovern- mental duties, "(bi No person may display or have posted at a food establishment an inspection re- sults placard not properly issued bva Health Officer in accordance with Sec- tion 19-3. "(c/ A violation of any provision of Section 19-3 is a violation of an ordinance .qoverninq public health and sanitation. Any person found in violation of any provision of Section 19-3 may be punished by a fine not to exceed $2,000. Each day a violation of an,/provision of Section 19-3 continues constitutes a separate violation. A violation of any provision of Section 19-3 is a strict liability offense. There is no need to prove that the person had an intent to violate the provision. "(el No provision in Section 19-3 may be construed to permit a food establishment to deviate from the requirements of this chapter or allow a food establishment to fail to adhere to ali federal, State, and local laws, ordinances, rules, re(3ulatJons, and directives applicable to the o~eration of food establishments in this City." SECTION 7. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as stated in subsection 19-3.5 of this ordinance. SECTION 8. If, for any reason, 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, it will not affect any other section, paragraph, sub- division, 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 of this Ordinance be given full force and effect for its purpose. SECTION 9. This ordinance is effective September 1,2004. SECTION 10. Publication of this ordinance is to 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. H:~EG-DIR~el[zabe[h'~Dept Files~EH Ordinances~EHordl50.doc Corpus Christi, Texas 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 Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 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 ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the A'II'EST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Assi ;IhR. Hundley for the City Attorney Samuel L. Neal, Jr. Mayor ,2004 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDA ITEM: a) Ordinance authorizing thc City Ivianager, or d~isnee, to execute an Airline Use and Lease Ag~ement with American g~e Airlines, Inc., Atlantic Southeast Ah'lines, Inc., F. xpressjet Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for aterm of up to twelve months; providing for publication; and declaring an emergency. h) Ordinance anthori~ng the City ~¥1~nsEer, O!' designee, to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Adantic Southeast Airlines, Ir, c., Expressjet Airlines, Inc., and Southwest Airlines Company for use of space st Corpus Christi International Airport in consideration of payment of fees thru total approximately $5.94 per enplaned passenger and are adjusted ,nnually based on a fixed formula, expiring July 31, 2008; providing for publication. ISSUE: We are currently operating on a month-to-month holdover provision in the Akport Use Lease Agreement that expired on December 31, 2001~ We have held several meetings with the Airlines to negotiate the terms of the new lease agreement. Our goals to accomplish with this lease were: · Maintain rates consistent with current levels for Airlines · Meet Airport budget and cash flow needs · Have sufficient matching CE' funds when needed · Set out responsibilities of Ah-port and Airlines · Satisfy Airline ah'side and landside needs adeq~ely · The foUowing are highlights of areas addressed in the new Lease: · 4 ½ year I~a~ instead of the typical five year lease due to PFC regulations regarding lease agreements · Defined Terminal Equipment which now includes the Passenger Loading Bridges which previously belonged to the Airlines · Added provisions for a Federal Inspection Station · Added provision for Security for Payment in certain situations · Address fees to Airport for subletting of Airline space The following are highlights of areas addressed in the new Lease: (continued) · Added a provision for Airlines to assist in making available their leased spaces to accommodate other Airlines when needed · Added provisions to meet the requirements of the Series 2000 Bond Issue · Changed Exhibit D Maintenance Responsibility as needed ® Changed Exhibit G Rates and Charges Model to keep rates and charges in line with current rates and adding a provision to allow for funds to be available for an Airport Capital Reserve Fund to acquire mstehing funds needed for FAA grants REQUIRED COUNCIL ACTION: Coum~l approval as requested. PREVIOUS COUNCIL ACTION: January l, 1989 - Ordinance authorizing an Airport Use and Lease Agreement with American Airlines, Inc. Continental Aklines, [nc., and Southwest Airlines Company which expires on December 3 l, 1993. (Ordinance No. 020901 ) July 1, 1990 - Ordirmnce authorizing an Airport Use and Lease Agreement with Delta Air Lines, Inc. which expires on December 31,1993. (Ordinance No. 020953) June 22, 1993 - Ordinance authorizing an assignment of Airport Use and Lease Agreement with Delta Air Lines, [nc to Atlantic Southea.~ Airlines, Inc. which expire~ on December 31, 1993. (Ordinance No. 021694) March 1, 1991 - Ordinance authorizing an Airport Use and Lease Agreement with Conquest Airlines Corporation, which expires on December 31, 1993. ( OrclinRnce No. 021172) December 21, 1993 - Ordimmce authorizing a one year extension of the Airpoa Use and Lease Agreement which expires on December 31, 1994. (Ord~ No. 021830) September 24, 1996 - ordinance authorizing a five-year lease of the Airport Use and Lease Agreement which expires on December 31, 2001 (Ordinance No. 022709) FUNDING: N/A CONCLUSION AND RECOMMENDATION: On June 11, 2003, Ihe Airpo~ Board recommended approval of fl-tis item. 2/j.~~ D~oartrrmnt Head Blgnature AttachmofiL~: F_xhibit A - Background Informafio~ Exhibit B - Lease Summary BACKGROUNDINFORMATION Lease Summary Exhibit A This is a standard short and long term lease as required by Charter for leases over one year in duration. The short term lease will be effective upon Council a_.,pproval and their dedadng an emergency. The long term lease will be effective upon the 61" day following approval at the second reading, which must follow the first reading by at least 28 days. The long term lease expires July 31,2008 and provides for a method to establish rotes and charges for the signatory and non-signatory aidines operating at the airpoct. It also addresses maintenance, security, and other issues relative to the airline business at the Airport. ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH AMERICAN EAGLE AIRLINES, INC., ATLANTIC SOUTHEAST AIRLINES, INC., EXPRESS JET AIRLINES, INC., AND SOUTHVVEST AIRLINES COMPANY FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES THAT TOTAL APPROXIMATELY $5.94 PER ENPLANED PASSENGER AND ARE ADJUSTED ANNUALLY BASED ON A FIXED FORMULA, FOR A TERM EXPIRING JULY 31, 2008; PROVIDING FOR PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is hereby authorized to execute an Aidine Use and Lease Agreement with Amedcan Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., F_xpressjet Airlines, Inc_, and Southwest Aidines Company for use of space at Corpus Chdsti International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term expidng July 31,2008. SECTION 2. Publication will be made in the official publication of the City of Corpus Chdsfi as required by the City Charter of the City of Corpus Christi. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~'"c~f., /.~ ,2004 Burke, ,Ir. ~ssistant City Attorney 'For City Atlorney Samuel L. Neal, Jr. Mayor 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. Colmenem Henry Garre[t Bill Kelly day of ,2004, 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 APPROVED AND PASSED on this AI=I'EST: ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of ,2004. Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor 33 CITY COUNCIL AGENDA MEMORANDUM I I I City Council Action Date: August 17. 2004 AGENDA ITEM: Public hearing on proposed ad valorem tax revenue increase. ISSUE: The fiscal year 2004-2005 budget includes a proposed tax rate of $0.634175 per $100 valuation, which, although is lower than the rate used for fiscal ye, ax 2003-2004, produces more property tax revenues than the precoding year because of increased property values. The State Property Tax Code requires that a public hearin8 be held when a taxing unit proposes to im?o~ an amount of property taxes that exceeds the Pr~r~ling year's property taxes. REQUIREI~ COUNCIL ACTION: Hold a public heating to enable taxpayers to express their views on the tax increase. PREVIOUS COUNCIL ACTION: Tuesday, July 27, 2004 - City Council adopted the City budget for fiscal year 2004-2005 based on the proposed tax rate of $0.634175 per $100 valuation. Tu _osflay, July 27, 2004 - City Council voted to schedule August 31, 2004 for adoption oftbe ad valorem tax rate of $0.634175 and voted to sch~ule a public hearing on the proposed ad valo~m tax rate for August 17, 2004. CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of the hearing, the Mayor must annOUllce that during the August 3 l, 2004 Council meeting b~4~'nnlnE at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. Director of Fimmcial Services Attachments: August 8, 2004 publication in Caller-Times - 2004 Property Tax Rate August 8, 2004 publication in Caller=Times - Notice of Public Hearing on Tax Increase Dra~: "Notice of Vote on Tax Rate" H:~N-DIR~S I-L~,RED~AOENDA~20O 5~,dValor~mT axPubticH~aa~81704.~ BACKGROUND INFORMATION The fiscal year 2004-2005 budget approved by City Council on July 27, 2004 includes aproposed tax rate of $0.634175 per $100 valuation, allocated between the C. meral Fund and the Debt Service Fund in the amounts of $0.460000 and $0.174175 respectively. Although this proposed rate does not exceed the rollback rate of $0.652829 per $100 valuation, it does exceed 103% of tho effective tax rate of $0.612729 pea' $100 and therefore requires the City to conduct a public hearing The effective tax rate is generally equal to the prior year's taxes divided by the em-rent value of properties that were also on the tax roll in the prior year. The resulting effective tax ra~e shows the relation between the prior year's revenue and the current year's value. Prior to 1998, there was a three (3) percent allowance above the effective tax rate before a public heating was required. For 1998 and 1999, the three (3) percent was ellmiaated; however, for tax year 2000, the three (3) percent allowance had been re, rotated and is in effect for the 2004 tax year. The City's net taxable property values increased $691,665,374 fi-om $8,947,896,398 in 2003 to $9,639,561,772in2004. This increase will result in an additional $3,491,579intaxlevytotheCity While the overall values increased, some taxpayers may reali~e a decrease in value while others may realize an increase. Also, as required by the Code, a "Notice of Vote on Tax Rate" ~ be published on August 22, 2004 in the Corpus Christi Caller-Times. Publication orinted in the Caller-Times on Aucust 8, 2004 OBLIGATION Publication orinted in the Caller-Times on Aut, ust 8, 2004 Notice of Public Hearing on Tax Increase The CITY OF CORPUS CHRISTI will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding year by 3.50 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 17, 2004 during the City Council meeting starting at 10:00 AM at City Hall in the Council Chambers, 1201 Leopard St., Corpus Christi, Texas. FOR the proposal: Mayor S. Neal Javier Colmenero Henry Garrett Rex Kinnison Brent Chesney Melody Cooper Bill Kelly Jesse Noyola Mark Scott AGAINST the proposal: None PRESENT and not voting:None ABSENT: None The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value General exemptions available (a~unt available on the average homestead, not including senior citizen's or disabled person's exemption.q) Average taxable value Tax rate (per $100) $82,652 $88,920 $8,265 $8,892 $74,387 $O.644175 $80,028 $0.634175 Tax $479.18 $507.52 Under this proposal, taxes on the average homestead would increase by $2834 or 5.91 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would decrease by $0.010000 per $100 of taxable value or 1.55 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. DRAFT Notice of Vote on Tax Rate The CITY OF CORPUS CHRISTI conducted a public hearing on a proposal to increase the total tax revenues of the CITY OF CORPUS CHRISTI from properties on the tax roll in the preceding year by 3.5 percent on August 17, 2004 during the City Council meeting starting at 10:00 AM. The Council is scheduled to vote on the tax rate that will result in the tax increase at a public meeting to be held on August 31, 2004, during the City Council meeting at 10:00 AM at City Hall, Council Chambers, 1201 Leopard St., Corpus Christi, Texas. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8-17-04 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 13A."I0" ISLAND OVERLAY DISTRICT, TO ESTABLISH A UNIQUE ISLAND DEVELOPMENT STANDARD; AND BY REVISING ARTICLE 13 "B2-A" BARRIER ISLAND BUSINESS DISTRICT, SECTION 13-2 USE REGULATIONS, TO INCLUDE NEW USES AND USE REQUIREMENTS. ITEM B: AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 13A. "]0" ISLAND OVERLAY DISTRICT, TO ESTABLISH A UNIQUE ISLAND DEVELOPMENT STANDARD; AND BY REVISING ARTICLE 13 "B2-A" BARRIER ISLAND BUSINESS DISTRICT, SECTION 13-2 USE REGULATIONS, TO INCLUDE NEW USES AND USE REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. ISSUE: On April 20, 2004, the City Council adopted the Mustang-Padre Island Area Development Plan. The plan recommended that the City establish higher development standards on the Island in order to create a world-renowned tourist, resort and residential community. Concurrent with development of the Plan, the City, in cooperation with the Padre island Business Association (PIBA) and Padre Island Property Owners Association (POA), hired a planning consultant to work with City staff and the Association to develop new zoning regulations for Island business development. The Draft Island Overlay District is the product of a process, which has now taken approximately two and one-half years to complete. It included input from hundreds of residents, land owners and business owners on the island. The Draft Overlay District provides for additional development standards and incentives for new development along Park Road 22 (S.P.I.D.), a portion of State Highway 361 south of Zahn Road, the "Lake Padre" and seawall areas. The proposed district is the first zoning district in the City to propose architectural design standards. Approval of the district will add text to the Zoning Ordinance but will not immediately rezone any specific properties. If City Council approves the district, staff will initiate the rezoning process to portions of the island shown on Attachment III. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 The planning process evolved around the formation of a Padre Island Planning Committee appointed by the PIBA and POA. On advice from the Legal Department, a survey of island property owners by the City, Padre Island Business Association and the Padre Island Property Owners Association was conducted. Each of the surveys were designed to determine the desires of property and business owners, including residents, for the City to establish higher development standards on the island. Owners of developed and undeveloped properties were sent survey forms. Sixty-eight percent of the respondents to the City survey indicated they were in favor of architectural design standards for new commercial development that limit the style, building material, color of buildings and signage. Similar responses were received from the PIBA and POA surveys. On June 10, 2004, the Planning Commission conducted a well attended (100+ attendance) public meeting at the Island Presbyterian Church to obtain public input on the proposed regulations. On June 16~, the Planning Commission conducted the first public headng and received additional input. There were many objections to the draft district, th particularly from the building community. The public hearing was continued to July 14 to allow more time to resolve the remaining issues. On July 7, 2004, staff held a second public meeting on the Island to present revisions to the draft district based on multiple meetings between staff, the Padre Island P~anning Committee and the Builder's Association. On July 14t~ at the Planning Commission public hearing, the Builder's Association and the Island Planning Group recommended approval of the district. While there was a general consensus between the major groups on the Island, a number of persons spoke for and against the inclusion of vinyl siding as an acceptable wall covering material. The builders find it to be a quality product that provides a good look with minimal maintenance. The Islanders feel strongly that vinyl does not project the look they want for the island. After considerable discussion, the Planning Commission recommended to City Council approval of the draft Island Overlay District, including vinyl siding. REQUIRED COUNCIL ACTION: Conduct a public hearing and approval of an adopting ordinance. PREVIOUS COUNCIL ACTION: Approved funding for a Planning Consultant to draft the district in the FY 2002-2003. City Council adopted the Mustang-Padre Island Area Development Plan on April 20, 2004. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 FUNDING: NA CONCLUSION AND RECOMMENDATION: Staff Recommends approval of the Planning Commission recommended district, Director of Development Services Asst. Director of Development Services - Planning Attachments: Attachment I: Attachment Attachment Ilk Attachment IV: Attachment V: Additional Background Information Power Point Presentation Map of Possible Rezoning Area Adopting Ordinance Planning Commission Minutes June 16, 2004 - Planning Commission Public Hearing July 14, 2004 - Planning Commission Public Hearing and Action lsland Overlay District Text Amendment City Council Public Hearing August 10, 2004 Attachment I I ADDITIONAL BACKGROUND INFORMATION Subject: Island Overlay District Zoning Ordinance Text Amendment Background: In 2002, the City Council and the Padre island Property Owners Association entered into an agreement to fund a planning consultant to assist with drafting of a new zoning district for the island. An ad hoc committee of island business owners, property owners, the Padre Island Business Association, Padre Island Property Owners Association and City staff was also formed to work with the consultant. The purpose of the district would be to: To create a uniquely attractive "sense of place" To assure a high quality of design To create an exciting tourist environment To support multi model transportation - especially pedestrian friendly environment A major recommendation of the planning consultant was to institute architectural standards for new multifamily and business development on the island. The City does not currently have a zoning district which establishes standards for exterior architectural design any where in the city. Padre Islarto-~JVU~fay ."t~l~,~'=~,,~! Notice Boundary I To determine if the island community would be receptive to architectural standards the City surveyed the property owners along Park Road 22 (South Padre Island Drive). Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 City Survey of Property Owners 2003 · / Favor imposing architectural restrictions on new commercial development that limit the style, building material, and color of buildings and signs? 68% Agree · / Support for Architectural Styles · Spanish 50% · Mediterranean 70% · Cape Code 29% · Key West 42% · Carolina Lowlands 21% -/ Believe enhanced development standards would improve property values 82% Public Involvement Process: A key element of the planning process used to formulate this ordinance has been citizen involvement. From the beginning, property owners, businesspersons, design professionals, the Padre Island Property Owners Association and the Padre Island Business Association have reviewed and discussed the many requirements of this proposed Island Overlay District. Two public meetings were held on the island to provide a convenient location for interested citizens to comment on the district. Each of the public hearings that were held by Planning Commission were attended by approximately 100 interested citizens. District Highlights: Architectural Design Standards Address · :. Multi Family and Business Uses · :- Architecture that celebrates the coastal and Spanish heritage of South Texas and promotes quality building design · :. Building massing, roof form and materials, · :. Wall materials allowed - Stucco, Masonry, Brick, or Stone, Cementious Siding, Wood, Vinyl (conditionally) Landscaping · :- Increased overall landscaping. The new requirement allows more flexibility for placement of landscaping but increases the overall green area. · :. Palm plantings on 30 foot centers are required along Park Road 22 and S.H. 361 Frontage. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 Signage · :, Permitted signage: Wall signs and monument signs are allowed. Signage must be consistent with the architectural theme on the site. · :, Sign size: wall signs - 1.2 square feet per foot of street frontage. Monument signs - maximum 32 square feet per sign; one per building and one additional on site for every 200 feet of street frontage. o;, Prohibited signage: Pole mounted signs, billboards, roof mounted signs, sign statuary, window signs exceeding 10% of fa~;ade, off-promise advertising signs. Parking · .'. On-street parking may be counted toward parking requirements. A ten percent reduction of the parking requirement may be granted if parking is located behind a business. · ;- A discount toward parking may be give for public pedestrian plaza seating and / or transit improvements on private property. Access · :- Shared Access and parking is encouraged. ,;. Driveway entrances must be constructed of pavers, stamped concrete or other equivalent pavement textured material. Screening - Enhanced screening is required for certain uses, including: boat and RV storage, mini storage and areas used for outdoor sales, service storage, dumpsters and, mechanical equipment must be screened from public view by a six foot screening wall. Three years ago, the Islanders and the city began a process to create a sense of place for Padre Island Out of the initial group of about 20, Four souls had the courage and fortitude to stay with this project until completion Ro Wickham Jeff Frahm Jerry Choyke Richard Smith Asset Development Corp (Paul Schexnailder) and his architects (Cooper Robertson) spent weeks with us to ensure we had a workable, feasible product. As we launched this from the committee to the Public Hearing Process, · The Corpus Christi Builders Assn. lent their expertise and comment to the document. Frank discussions occurred and compromise was requested. 2 In the discussions, it became apparent that there was great deal of consensus · Design guidelines, the head of this overlay district, were embraced, as were: · Setting high quality standards, · Improved landscaping · Appropriate signage Areas of compromise (not consensus) Expanded Map Boundary Eliminate PIDRC Areas of Clarification · Impact to Multifamily properties · What constitutes high quality vinyl Draft Island Overlay Highlights · Architectural Design · 10% of gross site area landscaped · Palm Plantings on 30 centers for SPID (Pk 22) and SH 361 · Decorative entryways · 10 foot front yards for Townhouse or Multi- Family Developments · Restricted Access to Local Streets 4 Draft Island Overlay Highlights · Pedestrian Access · Parking credit for public pedestrian amenities · 10% Parking Credit if parking placed behind building · Special Screening for Boat/RV Sales, outdoor storage, drive thru windows Possible Future Rezoning Area for the island Overlay Ip 5 I Examples of development in South Padre Island that would not be allowed under the proposed Overlay District ,! 7 Island Overlay District Text Amendment City Council Public Hearing August 10. 2004 Attachment III City of Corpus Christi, Texas Proposed Island Overlay Legend Attachment IV AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING ARTICLE 13A. "10" ISLAND OVERLAY DISTRICT, TO ESTABLISH A UNIQUE ISLAND DEVELOPMENT STANDARD; AND BY REVISING ARTICLE 13 "B2-A" BARRIER ISLAND BUSINESS DISTRICT, SECTION 13-2 USE REGULATIONS, TO INCLUDE NEW USES AND USE REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendments of the Zoning Ordinance of the City of Corpus Christi and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 14, 2004, during a meeting of the Planning Commission, and on Tuesday, August 17, 2004, during a meeting of the City Council of the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that these amendments 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 adding Article 13A "10" Island Overlay District, to read as follows: ARTICLE 13A- "10" ISLAND OVERLAY DISTRICT REGULATIONS Section 13A-1 Declaration of Public Policy and Purpose. The Island Ovedav requlations are to promote quality development on Padre Island as viewed from public riqhts-of-way as indicated on the attached map. This district is desiqned to create a distinctive quality of life of the area bv promotinq building desiqn characteristic of a resort area. These special requlations will preserve the characteristic nature of a barrier island of scenic and economic importance to the City. 13A-1.01 The City encouraqes the use of Planned Unit Development requlations when any development in the Island Overlay district proposes quality not anticipated in these requlations of a quality at least equivalent to those specified herein. 13A-1.02 Except as provided by Section 13A-8, this district prohibits outdoor storaqe of any qoods. Section 13A-2 Use Regulations. Refer to base zonincl district except as provided herein. August 11, 2004 Section 13A-3 Parking! Requlations. The parkinq requlations for permitted uses are contained in Article 22 It is the intent of this section to encouracle parkinq to the rear or side of businesses to promote storefronts adiacent to Park Road 221 and S.H. 361. 13A-3.01. Owners that elect to place 100% of the required on-site parkinq behind the buildinq will receive a 10% credit on the total site parkin~l requirements. 13A-3.02. Decorative brick, stamped, concrete pavers or the equivalent must be used as an entry feature for the pedestrian access areas within the setback area in the entry driveway to the front buildinq line. Color schemes are to be submitted for review and approval to the City. Any color used to meet health and safety requirements are exempt from City approval for those areas. Parkinq areas must be constructed under specifications and construction standards provided by the Cib/. Section 13A-4 Off-Street Loadin.q Requlations, The off-street Ioadinq requlations for permitted uses are contained in Article 23. Section 13A-5 Heiqht and Area Re.qulations. 13A-5.01. The maximum heiqht and maximum area requirements are set forth in the chart of Article 24, and in addifion, the followinq requirements apply: 13A-5.02. No buildinq is permitted in front yard area. 13A-5.03. Any use developed or used for townhouses or multi-family development shall have a frontvard setback not less than ten (10) feet. Section 13A-6 Supplementary heiqht and area requlations. Supplementary heiqht and area requlations are contained in Article 27. Section 13A-7 Access Restrictions. 13A-7.01. No business may access any local residential street unless it is the only means of access to the property. 13A-7.02 Shared Access and Parkinq. All undeveloped tracts used for business mav share parkinq and access with adjoining tracts. The election to share parkinq or access must be noted on the plat or buildinq permit for the tract to be developed. Any such "shared access" aqreement between properb¢ owners shall be evidenced bv easement or document filed for record as a covenant that is transferable with title Park Road 22 is the Texas Department oi: Transportation's desiqnation for South Padre Island Drive. August 11, 2004 2 13A-7 03. to the property. Nothinq in this provision shall be intemreted as authorizinq the Cib/of Corpus Christi to deny access to any property when such access otherwise meets all reauirements of driveway standards established by ordinance applicable to proposed use of property. Pedestrian seatinq areas and amenities includinq transit facilities inteqrated alonq street front sides of buildincls on private propertv mav receive a credit toward parkinq recluirements at a ratio of one scluare foot of such amenity area will be credited toward one square foot of a parkinq space. The minimum total amenih, is 162 square feet to realize a one parkinq space credit. A. Amenib/areas must consist of all weather chairs and tables that complement the desiqn and color pattern of the buildinq. Amenity areas must include shade from trees and awninqs and may include public ar/, a water feature and potable water for pedestrians. A sidewalk restaurant may be inteqrated into the desicln of the amenity provided that access and seatinq is provided for non- customers. Section 13A-8 13A-8.01. 13A-8.02. 13A-8.03. Screenin~ Requirements. Aloncl collector or local streets, multifamily and non-residential uses that back or side on sinqle-family residential properties or zonincl districts must have a six foot solid screeninq wall constructed of brick, masonry, stucco or vinyl alonq the properb/line of such boundary or boundaries. A six foot screeninq wall similar to or complementary with the color of the finish on the buildinq shall be required to screen the followinq uses from public riqhts-of-way: A. Boat and RV storaqe. B. Mini-storaqe. C. Areas used for outdoor sales, service, storaqe, and display allowed in this Article, must be screened from view of public riqht-of-wav by a six foot high wall. Dumpster and other trash containers and collection areas must be screened by a wall, at least 6 feet in heiqht, with a finish similar to that August 11,2004 3 13A-8.05. Section 13A-9 13A-9.01. 13A-9.02. of the buildinq. Screeninq of the open end of the dumpster enclosure must be accomplished by orientation of the enclosure and by Drovidinq a solid wooden self closinq qate, Mechanical equipment located on the roof must be screened from view of adjacent properties by a parapet wall or pitched roof. Mechanical equipment on the qround must be screened by a wall with a finish similar to that of the buildinq. Landscaping Requirements. Extensive landscapinq is required to provide a lush landscape. All landscapinq is to be maintained in a healthy, qrowinq condition. Except as provided in this section, the landscapinq requirements are in Section 27B-7.01C apply. The use of drouqht tolerant plant species is encouraqed in this district. A. Tracts, lots, or reserves that are developed within the Island Overlay District must have 10 percent site landscapinq of the total qross site area. B. Permitted siqns may be placed in any landscape area adiacent to street riqhts-of-way so Ionq as the siqnaqe does not obstruct the visibility trianqie area of any streets or driveways. C. Drivewav entrances within required frontvard setbacks (and side yard setbacks alonq side streets) and constructed of pavers, stamped concrete, and other equivalent pavement textured material may be calculated as landscape area. The maximum area credit for textured driveway entrances is limited to 15% of the total required landscape area. D. For properties abuttinq Park Road 22 or S.H. 361, palm trees with a minimum crown heiqht of eiqht feet must be planted and spaced on 30 foot centers five feet inside the private property line. E. Artificial plants mav not be used to safisfl/the requirements of this section. Minimum Landscapinq Specifications. A. If a berm is provided, side slope must not exceed a maximum of 4:1 on three sides. One sheer side may be provided. Landscape material specifications. 1. Palm trees must be a minimum crown heiqht at installation of ei.qht. August11, 2004 4 Shrubs must be a minimum of ei(ihteen inches in hei(iht at installation and maintained at no more than 3 foot overall height. 13A-9.03 Recommended plant species list - See Appendix A Section 13A-10Sicln Requirements. 13A -10.01. Purpose. This section provides uniforTn siqn standards which promote the safely of persons and property, provide for the efficient transfer of information in siqn messaqes, and to protect the public welfare by enhancinq the appearance and economic value of the landscape. Siqn - means any device, liqht, fiqure, picture, letter, word, messaqe, symbol, plaque or poster visible from outside the premises on which it is located and desiqned to inform or attract the attention of persons not on the premises. B. Window Siqnaqe - may include siqns located inside a buildinq if visible to off-premises public. 13A-10.02. Desiqn standards. All permanent signs must meet the followinq standards: A. Measurements of siqn area. 1. Wall siqns. The siqn facinq or surface area of a wall siqn must be computed as including the entire area within a reqular geometric form comprisinq all display area of the sign includinq all elements of the displav and the frame, if applicable. Wall siqns are permitted for each individual business establishment, includinq individual businesses within inteqrated business developments, with an allowable total si(IR area of one and two tenths (1.2) square feet of signaqe for each linear foot of business frontaqe. Wall siqnaqe shall be uniform in color, style, materials, and illumination, and shall be similar in method of construction and installation. Letterinq shall be uniform in location, heiqht and depth, and consistent in color. 2. Monument siqns. August 11, 2004 5 a. A sign which is supported by one monolithic structure set upon the qround and is not a part of a buildinq, The siqn facinq or surfaco area must be computed within a reqular geometric form comprising all display area of the siqn and includincl the elements of the matter displayed as well as the frame. The sign area of a monument sign must be centered within the frame, and the frame and base must be proportional to the sign area. Except as provided herein, a monument sign must be constructed so that the bottom is no higher than two (2) feet above the adjacent grade. The top of the monument sign must be no higher than eight feet as measured from natural or averaqe finished grade. The maximum overall square footaqe for a monument sign is 32 scluare feet. d. One monument sign per freestandinq buildinq and one (1) additional monument siqn per 200 feet of street frontage. Monument sJqns are to be finished with similar materials to structure and should reflect the design theme of the building style. Structural members. Supportinq structural members not bearing advertisinc] matter, identifyincl color symbols, wordJnq, or pictures may not be included in computation of surface area. Irreqular siqns. In calculatinq the area of irreqular signs or separately mounted siqns on one supporting structure, the area must be that of the smallest regular geometric form that will wholly contain all of the elements includinq the frame. Multi-faced signs. In calculatinq the area of multi-faced signs, all faces of a multi-faced sign must be included in the total sign area calculation. Sign spacinq. When a siqn is placed at an anqle to the intersection of two streets, measurement for spacing purposes must be from the edge or side farthest from the intersection. The total area of the surface of a three dimensional sign must apply toward the allowable siqn area. Such surface area must be computed within one or more regular qeometric forms as necessary to determine the total proposed sign area. August11, 2004 6 13A-10.03. Prohibited siqns. The followinq siqns or types of si(Ins are prohibited: A. Billboards. Siqns which advertise or otherwise direct attention to an off- premises products, services, activities, persons, institutions, or businesses; to businesses that no longer occupy a structure on the property; or to products, services, or activities that are no Ionqer conducted, sold, manufactured, produced, or offered upon the premises where the si(In is displaved. C. Roof mounted siqns or anv siqn that projects above the eave of a pitched roof or deckinq of a flat roof or parapet above a fiat roof Siqn Statuary - Life size or larcler than life size replicas of animals, fish, or inanimate objects intended to be used as a commercial messaqe. E. Window Si(Ins in excess of 10% of the qlass area per wall fa(;ade. 13A-10.04. Exceptions. A permit is not required for the followin(I, however other subsections of this Section apply as applicable: A. The maintenance of the siqns electrica~ svstem, repaintinq, cleaninql or other maintenance of a siqn. B. Placement of temporary on premise real estate siqns for vacant lots in platted subd)vJsJons. C. Placement of temporary on premise contractor identification siqns. Placement of tempora~ on premise monument vacant land sale siqns qivinq information concerninq leasinq, rentinq, or sellinq of property in the district. 13A- 10.05. Definitions. Except as provided in this subsection, the definitions contained in Article 3 apply to this section. Amenity: A landscaped area that is available to the qeneral public that is outdoors and adjacent to and inteqral to a commercial buildinq or buildinqs, includinq, but is not limited to, seatinq, shade, artwork, a water feature and sanitary facilities. Business frontaqe: The linear measurement from outer wall to outer wall of the side of the buildin¢l which faces or fronts a street. Generally the business frontaqe contains the primary entrance of the buildincl. August 11, 2004 F. G. H. I. J K. Can or cabinet siqn. A siqn that contains all of the text and/or Ioqo symbols within a sinqle enclosed cabinet and may or may not be illuminated. These are prohibited siqns within the ovedav zoninq district. Commercial message: A messaqe placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities or possible substitutes for those thinqs that are the subject of the messaqe and that: Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subiect premises; Attracts attention to the off-premises public to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises. These are requlated reqardless of whether behind qlass or not Double-faced siqn: A sinqle siqn with two parallel siqn faces back to back. Driveway: Every entrance or exit used by vehicular traffic to or from properties abuttinq a roadway. Driveway, Hiqh Volume: A driveway used or expected to be used by more than 1500 vehicles per day. Driveway, Low Volume: A driveway used or expected to be used by more than 25 but less than 750 vehicles per day. Driveway, Medium Volume: A driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. Fence: Any enclosinq barrier, constructed of wood, metal or any other material, reqardless of its use or purpose. Grand openinq: A qrand openinq refers to the beqinninq of a new business in a new location of or the assumption of ownership of an existinq business by a new owner or group of owners. Multi-faced siqn: A sinqle siqn with two or more faces which are not parallel nor back to back. August11,2004 8 Nameplate: Any siqn which denotes only the individual, firm, business, or corporate name of the occupant of the premises. Noncommercial messaqe: A messaqe that is not a commercial message. Outparcel or out-tract development: A tract or reserve platted as part of the development of a shoppinq center or inteqrated business development (IBD) that is independent of the IBD. Parkinq, landscapinq and siqnaqe for such out-parcel or out-tract are determined separately from the adiacent shoppinq center or IBD. Principal buildinq: The buildinq or buildinqs on a lot that are occupied by a primary use. Chanqeable copy siqn: Any siqn that allows the copy to chanqe. For the purposes of this ordinance, no si(Ins that are not permanently affixed to the qround may be considered eliqible for consideration as chanqeabie copy siqns. These siqns may be liqhted or unliqhted, with detachable precut letters and fiqures, or the messaqe may be electronic. Riqht-of-way: A strip of land either dedicated or owned by the city or other public aqency and used for the purpose of a public way or roadway. Roofline: The heiqht above finished qrade of the upper beam, rafter, ridqe or purlin of any buildinq. Purlin is a horizontal timber or beam that supports the rafters of the roof such as the deck of the roof. Roof sJqn. Any siqn constructed, erected, or placed above the eave of a sloped roof, deckinq or of a flat roof. Screeninq: Hedqes, informal plantinqs, natural veqetative covers, berms, or manmade fences or wails provided for the purpose of protectinq adiacent uses from potential noise, qlare, trash, odor, visual disorder, or other harmful, intrusive or noxious effects. Setback: The distance between a wall or any projection of a building and the property line excludinq steps and unenclosed porches. Siqn - Informational: Informational siqns erected on-site by public and private developments directinq or denotinq the entrance, exit, parkinq, and direction of traffic flow. August 11, 2004 1. The directional siqns may not exceed two square feet in area per sign. 2. No Ioqos, emblems or other identifvinq symbols of the development may be placed on directional siqns. Siqn facinq or surface: The surface of any siqn upon, aqainst or through which the messaqe is displayed or illustrated; provided, however, for siqns in which the words, letters or symbols are independently mounted, the siqn surface area must be that of the smallest reqular qeometric form that will wholly contain all of the elements. Y. Street frontaqe: The lenqth of a lot or tract of land which is adiacent to a public or private street. Z. Structure: Anvthinq constructed or erected, which requires location on the ground, or attached to somethinq havinq a location on the ground. AA. Subdivision: The division of any lot, tract or parcel of land by plat, map or description into two or more parrs for the purpose of sale, rental, lease or division of ownership. August11, 2004 10 Section 13A-11Architectural Overlay Zone Re~lulrements 13A-11.01. Purpose. A. The purpose of the regulations described in this section is to create a better island bv utilizinq a theme and style of architecture that celebrates the coastal and Spanish heritaqe of South Texas and promotes guality buildinq desiqn for multi-family and nonresidential structures on the main thorouqhfares of Padre Island. The areas covered by these requlations are depicted on the attached map. These areas are qenerally properties alonq Park Road 22 and S.H. 361 and extendinq to the Gulf Beach The requlations are intended to influence and reflect Spanish, Mediterranean, or Coastal-style architectural desJqn, appropriate to this reqion's climate, durinq the construction and reconstruction of buildinqs on Padre Island, to achieve a "resort" feelin¢l and visually desirable environment and to protect and enhance the value of private property. 2. Commercial areas should be attractive to visitors as well as to residents of Padre island. Quality construction promotes economic qrowth and preserves property values to the benefit of both commercial and residential property owners. In order to accomplish these purposes, standards are provided that will quide the desic~n of all multifamily and commercial buildinqs in the Island Overlay Zoninq District. 13A-11.02. Applicability. The rules contained in this section are applicable to all properties rezoned to the Island Overlay District. The regulations contained in the AOZ #1 are in addition to the district requlations of the underlvinq district. 13A-11.03. General Standards, Treatments and Materials. A. Buildinq Desiqn 1. All architectural buildinq styles shall be described and controlled by the followinq six desiqn characteristics. General Massinq - Predominate shape of the structure with reqard to the specific buildinq style Shoppinq centers and other lame buildinqs must be desiqned to reduce their apparent bulk by dividinq the buildinq mass into several smaller-scaled components, including the use of Iow-scale planters, site walls, variations in roof forms and heiqht, and August11, 2004 11 the Iowerinq of parapets when not needed to screen mechanical equipment. Exterior Wall Materials & Finishes - which can be viewed from public riqht-of-wav - Shall be consistent with the specific buildinq style. HJqh quality synthetic materials which simulate the oriqinal material of a particular buildinq style will be considered. Walls shall be constructed of one or a combination of the followinq materials with no 4'x 8' sheets of sidinq allowed: 1. Stucco 2. Masonry, Brick, or Stone 3. Cementious Sidinq 4. Wood 5 Vinyl Sidinq meetinq the followinq specifications: · Nominal 0.42" mill thickness · 5/8" profile heiqht · Reinforced nail hem · Desiqned for 160 MPH wind-load when attached on 16" centers. Storefront qlass is to be limited to 15% of a buildinq fa(;ade and must be consistent with the chosen desiqn theme. Roof Form and Materials - The shape of the roof, the heiqht of its pitch shall be specific to the buildinq style. Roof materials for pitched roofs shall be consistent with buildinq style and limited to the followinq: 1. Metal- Standinq Seam, 5-V crimp, or corruqated. Unpainted Galvalume finish is preferred. 2. Tile - Slate, Terra cotta, clay, or concrete tile. Shinqles - Architectural dimensional composition shinqle (the use of 3-tab shin~lles is prohibited}, or metal. August11,2004 12 4. Roof screeninq - all roof top equipment shall be screened from view when viewed from the qround. Openinqs, which can be viewed from public riqht-of-wa¥. The shape of an openinq, its proportion relative to buildinq massinq, how it functions, how it is divided, and the rhythm of openinqs within a structure must be specific to the buildinq style. Additive Elements - Dormers, cupolas, chimneys, balconies, porches, bays, colonnades, brackets, stoops and any other desiqn elements, - which can be viewed from public riqht-of-wav, shall be specific to the buildinq style. Color and Briqhtness - all exterior walls and accents, which can be viewed from public riqht-of-wav, shall compliment buildincl style and must conform to the attached color palette (Appendix B) - deviations shall be submitted for review and approval by the City. Exterior paint must be flat or non-qlossy. B. Liclhtinq 1. Outdoor liqhtincl is allowed at the following levels as measured at the property line of the less restrictive zonincl desiqnation: · 0.2 foot-candles for all sinqle family zonincl desiqnations · 1 foot-candle for all multifamily zoninq desiqnations · 3 foot-candles at all non-residential zoninq desiqnations 2. Outdoor liclhtincl may not be used as an attention-qettinq device or as additional siqnaqe for a buildinq. 3. Liqht fixtures must be shielded to prevent qlare on adjacent properties. 4. The City may recluire a photometric plan. 5. Direct liqhtincl that is used to illuminate Siclnaqe must be shielded to prevent qlare on drivers. 13A-11.04 - Architectural Styles A. Listed below are architectural buildinq styles which reflect Spanish, Mediterranean, or Coastal-style architectural desiqn appropriate for Padre August 11, 2004 13 Island. A complete description, aloncl with illustrations are depicted in A FIELD GUIDE TO AMERICAN HOUSES (published bv Alfred A. Knopf, Inc., New York, copyriqht 1984), written by Vir(~inia & Lee McAlester. 1. Folk or Native Style (American Coastal Architecture). · Folk Victorian - See paqe 309 of A FIELD GUIDE TO AMERICAN HOUSES. · Stick Style - See parle 255 of A FIELD GUIDE TO AMERICAN HOUSES. · Shinqle Style - See pa~e 28g of A FIELD GUIDE TO AMERICAN HOUSES. 2. Colonial Styles · French Colonial - See paqe 121 of A FIELD GUIDE TO AMERICAN HOUSES. · Spanish Colonial - See paqe 129 of A FIELD GUIDE TO AMERICAN HOUSES. 3. Eclectic Styles · Mission Style - See paqe 409 of A FIELD GUIDE TO AMERICAN HOUSES. · Spanish Eclectic - See parle 417 of A FIELD GUIDE TO AMERICAN HOUSES. · Monterev- See paqe 431 of A FIELD GUIDE TO AMERICAN HOUSES. · Craftsman - See paqe 453 of A FIELD GUIDE TO AMERICAN HOUSES. 4. Modern Styles: Modern interpretations of any of the above styles shall be contextual bv the use of appropriate materials, qeneral massinq and proportions, and colors. Section 13A-12. Development Review Process for Padre Island Architectural Overlay Desi.clnation 13A-12.01 (a) Site plan review is required for any multifamilv project containinq five or more units, all townhouse developments, all commercial and industrial projects, and renovations resultincl in a chanqe of use or buildincl footprint. August 11, 2004 14 13A-12.02 (b) All plans shall be signed and sealed by the appropriate desiqn professional. 13A-12.03. Owners of proiects that are wholly or substantially inconsistent with the requlations contained in this article may seek approval of a Planned Unit Development (PUD) from the City of Corpus Christi. In such cases, City Staff shall review any PUD applications of this article and provide a recommendation on the project to the Planninq Commission and Cib/Council. Amonq other issues, the recommendation of the City Staff concerninq a PUD application must address the compatibility of the proposed use, architectural style, landscapinq, parkinq, and siqnacle proposed in the PUD, with the development standards contained this article. 13A-12.04. Architectural Review Application Process. Pre-submittal procedures. Prior to the preparation and submission of buildinq plans, an applicant for a buildinq permit shall submit a development plan review application and contact the-Development Services Department to schedule a pre-submittal meetinq with City staff to discuss the architectural and site requirements contained in this article. 1. The applicant must provide elevations, perspectives, and a site plan for the proiect one week prior to the pre-submittal meetinq. 2 After the pre-submittal meetinq and before buildinq plans are prepared, the applicant shall prepare a scaled site plan, perspectives showinq two sides and elevations of all structures on the site for submission and review by Staff. The site plan must show the location of all features includinq proposed parkinq, landscapinq, and siqnaqe, as well as the elevations of accessory structures and dumpster and mechanical enclosures. b. The information supplied bv applicant must include all materials, colors, and treatments that are proposed for use on the proiect. B. Application processinq procedures. 1. The City Buildinq Official will approve or deny the application. 2. Any application that has been denied by the City Building Official may be appealed by the applicant to the Planninq Commission. August11, 2004 15 Section 13A-14. Incentive to Comply (Staff is preparin~ a draft of this section) Section 13A-15. Vestin~l The rules contained in the Island Overlay District apply only to a proiect commenced after the date this District was adopted bv City Council. For purposes of this section1 a proiect was commenced if plans were filed with a requlatory aqencv, a reclulatory a~lencv took anv official action with respect to the proiect, or the proiect was already under construction, August 11, 2004 16 Appendix A August 11, 2004 1 7 Recommended plant species list The plants listed below are recommended for the coastal zone of Corpus Christi. They are chosen because they have a lush, "tropical" look while beinq cold hardy (except as noted) and do not require excessive water and fertilizer once established (except as noted). These plants may not be practical for all areas of Corpus Christi, therefore the water, sunliqht, wind and salt conditions of each specific plant should be considered before its placement on the Landscape plan. Plants not specified on this list are allowed if they meet the intent of this ordinance and are suitable for the environment in which they are to be planted. TREES Scientific Name Citrus sp. Cordia boissieri Hibiscus tiliaceus Ilex vomitoria Juniperus chinensis Morella cerifera Pinus thunberqia Prosopis spp. Quercus virqiniana Common Name Citrus (Mex. lime, oranqe, lemon) (F,T) Wild Olive (F,H,T) Hibiscus Tree (F,T) Yaupon Holly (H,N) Twisted Hollywood Juniper Wax Myrtle (H,N,T) Japanese Black Pine Mesquite (H,N) Live Oak (H,N) F = likely to die in hard freeze, G = suitable for qround cover, H = habitat plant (qood for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water Augus[ 11, 2004 18 LARGE PALMS Scientific Name Phoenix canariensis Phoenix dactylifera Rovstonea sDp. Sabal palmetto Sabal mexicana Svaqrus romanzoffiana Washinqtonia filifera Common Name Canary Island Date Palm (F,T) Texas Date Palm (T) Royal Palm Florida Sabal (T) Texas Sabal (T) Queen Palm Fan Palm (T) SMALL PALMS & CYCADS Scientific Name Butia capitata Chamaerops humilis Cycas revoluta Sabal minor Common Name Pindo, Jelly Palm, Cocos Australis (T) Mediterranean Fan Palm Saqo Palm (T) Dwarf Palmetto (N,T) SHRUBS Scientific Name Caesalpinia pulcherrima Callistemon spp. Carissa spp. Dasylirion texana Eriobotrya hybrid Erythina herbacea Euryops pecinatus Feiioa sellowiana Common Name Pride of Barbados (F,T) Bottlebrush (F,H,T) Natal Plum (F,T) Texas Sotol 0 Coppertone Loquat (W) Coral Bean (H,N) Golden Shrub Daisy (F,H) Pineapple Guava (F,H,T) F = likely to die in hard freeze, G = suitable for qround cover, H = habitat plant (qood for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water August11, 2004 19 SHRUBS Hesperaloe parviflora Hibiscus spp. Ilex vomitoria nana Lantana spp. LeucophyIlum spp. Nerium oleander Raphiolepis indica Tecoma stans (Stenolobium starts) Yucca arkansana Yucca rostrata Yucca treculeana Red Yucca (HiN') Tropical Hibiscus (F,T) Dwarf Yaupon Lantana (H,N,T) Texas Saqe, Cenizo (H,N,T) Oleander (F,T) Indian Hawthorn (H,T) Esperanza, Yellowbells (H,T) Softleaf Yucca (H) Thompson Yucca (H) Spanish Daqqer (H,N) HERBACEOUS PERENNIALS Scientific Name Aqapanthus spp. Asparaqus sprenqeri Cuphea hussopifolia Hedychium coronarium, Alpina zerumbet Jatropha spp. Kalanchoe sp. Lantana montevidensis, L. sellowiana Musa ssp. Plumbaqo spp. Rosemarinus sp. Strelitzia nicolai Strelitzia reqinae Taqetes lemmonii Trachelospermum asiaticum Wedelia trilobata Common Name Blue Lily of the Nile (T,W) Asparaqus Fern (G,H,T) Mexican Heather (F,G) Ginqers (F,T) Jatropha (F,T) Kalanchoe (G) Trailinq Lantana (G) Banana (F,T) Blue or White Plumbaao (F,G,H,T) Rosemary Giant or White Bird of Paradise (T,W) Bird of Paradise (T,W) Copper Canyon Daisy (H) Asiatic Jasmine (G,T) Wedelia (G,T) F = likely to die in hard freeze, G = suitable for qround cover, H = habitat plant (qood for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water August 11, 2004 20 VINES Scientific Name Antiqonon leptopus Bouqainvilla spp. Lonicera sempervirens Tecomaria capensis Trachelospermum iasminoides Common Name Coral Vine, Queens Wreath (F,H,T) Bouqainvillea (F,T) Coral Honeysuckle (H,T) Cape Honeysuckle (F,H,T) Confederate Jasmine (H,T/ INTRUSIVE SPECIES - NOT TO BE PLANTED Scientific Name Common Name Melia azedarach var. umbraculiformis Chinaberry, Texas Umbrella Tree GRASS Scientific Name Cynodon dactvlon Stenotaphrum secumdatum "Floralawn" Stenotaphrum secumdatum "Floratam" Ricinus communis Sapium sebiferum Schinus terebinthifolius Tamarix sp. Common Name Bermuda qrass St. Augustine qrass "Floralawn" St. Auclustine qrass "Floratam" Castor Bean Chinese Tallow Brazilian Pepper Salt Cedar F = likely to die in hard freeze, G = suitable for qround cover, H = habitat plant (qood for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate .water August11, 2004 21 APPENDIX B Augus[ ~, 2004 22 Color Palette SECTION 2. That Section 13-2 Use Regulations, of the Zoning Ordinance is revised to read as follows: Section 13-2 Use Regulations. A building or premises shall be used only for the following purposes: (6) Auto rental agencies, only if customer autos are allowed on the street side of a buildinq and rental cars are screened from view of adiacent property and the public. August 11, 2004 23 (7) Automotive repair, minor, provided all work is performed inside of a building and bay doors are screened from view of adiacent properS. Tire sales and servicinq are allowed as Ionq as all activities and product are inside an enclosed buildinq. All automobiles beinq repaired or waitinq to be repaired must be screened from view of adjacent property and the public. (9) Boat and RV storage, indoor and outdoor storage allowed.- subject to the followinq requirements: One acre minimum site area. (b) A six foot screeninq fence is required on all sides except for inglress and eqress points. ('c) Issuance of permit shall be based upon approved site plans. (d) When abuttinq a sinqle/famiIv and duplex use or zoninq, or when located across a local residential street R.O.W from a sinqle/family or duplex use or zoninq, the screenin¢l fence shall comply with the Island Overlay District screeninq requirement. (e) A five foot landscaped strip shall be installed in front of the fence alonq anv local street entrance. (f)Securit¥ liqhtinq, if used, shall be directed away from abuttinq properties and riqhts-of-way. No liqhtinq standards shall exceed a height of 20 feet. (q) Cleaninq of R.V.'s or boats shall be permitted, includinq flushinq of enqines, subiect to federal, state and local environmental requlations and mav only be conducted after 7 am and before 7 pm. (hi Open storaqe mav only occur on improved surfaces. Improved pervious surfaces such as landscape pavinq stones are allowed. (10) Boat sales and enclosed boat storage: allowed subiect to the followinq requirements: One acre minimum site area. (b) A six foot screeninq fence is required on all sides except for inqress and eqress points. lc) Issuance of permit shall be based upon approved site plans. August 11, 2004 24 (d) When abuttinq a sinqle/famJly and duplex use or zoninq, or when located across a local residential street R.O.W from a sinqle/family or duplex use or zoninq, the screeninc~ fence shall comply with the Island Overlay District screeninq recluirement. (e) A five foot landscaped strip shall be installed in front of the fence alonq any local street entrance. (f)Security liqhtinq, if used, shall be directed awav from abuttinQ properties and dQhts-of-way. No liqhtinq standards shall exceed a heiqht of 20 feet. (q) Cleaninq of R.V.'s or boats shall be permitted1 includinq flushinq of enqines, subiect to federal, state and local environmental requlations and may only be conducted after 7 am and before 7 pm. (h) Open storage may only occur on improved surfaces Improved pervious surfaces such as landscape pavinq stones are allowed. (11) Car washes. Washinq and drvinq areas must be screened from view of adiacent groperty and public riqhts-of-wav bv landscapinq, berms, fencinq, buildinq orientation or a combination thereof. (27) Veterinary clinics, if kennels are entirely within a permitted buildinq, but ,-,No open kennels shall be permitted. Outside runs are allowed provided that no run mat be located within 100-feet of any residentially zoned or residentially used property. No animals may be housed outside overniqht. (30) Drive-throuqh windows shall be screened with landscapinq from public rights-of- way. SECTION 3, That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION $. 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. August 11,2004 25 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 8. 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 9. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 17th day of August, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Approved as to form: ,Z~,,~ ~¢-//.~ 2004 Joseph a~rney/1 Assistant City Attorney For City Attomey August tl, 2004 26 Corpus Christi, Texas day of ,2004 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 regutar meetings: INVe, 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 City of Corpus Christi The above ordinance was passed by [he following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Augus[ 11, 2004 27 Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 Attachment V June 16, 2004 - Planning Commission Public Hearing ZONING ORDINANCE TEXT AMENDMENT THAT CREATES AN ISLAND OVERLAY ZONING DISTRICT THAT PROVIDES HIGHER DEVELOPMENT STANDARDS FOR PADRE ISLAND PROPERTIES The zoning ordinance text amendment was tabled prior to beginning the zoning cases, Island Overlay District Text Amendment City Council Public Hearing August 10, 20~4 July 14, 2004 - Planning Commission Public Hearing and Action PROPOSED OVERLAY ZONING DISTRICT CONTINUED PUBLIC HEARING FROM JUNE 16, 2004 Ms. Barbara Bailey stated that the City of Corpus Christi and the Padre Island Business Association had split the cost to hire a consultant to evaluate and make recommendations for the Zoning Overlay District. Ms. Bailey thanked Mr. Ro Wickam, Mr. Jerry Choyke, Mr. Richard Smith and Mr. Jeff Frahm for staying with the project and seeing it through. She stated that Asset Development came in at the end and brought in another consultant, Cooper Robinson to work with the Overlay District. She thanked Mr. Schexnailder for fi~nding that consultant. Staff then went from the committee process to public meetiugs and got public input. There were many discussions with the Building Association and the Ad Hoc Committee. Many times it looked like this project would go down. After looking at the details with different groups, we had concurrence with most issues. Design guidelines were worked on which would create the look ufa resort community. There is a broad palate for island look. Everyone agreed that landscape requirements .make large difference. ]'here were only two issues holding things up~ One was the map boundary; builders were concerned with the impact it would have with development on the Island. It was agreed upon to go with larger map but taking out the area in x.*hich Snoopy's is located which has a state land use permit. It was also agreed to not have an additional review committee. In meetings with the Builders Association, it was agreed this docnlnent was reasonable and rational, but it was stated the ten foot setback would not work. Vinyl became a big issue. It ,,'*'as decided that as long as xvhat you see from road looks good, it's ok. It was agreed upon that vinyl that withholds 160 mph winds was appropriate. Ms. Bailey described the three styles of architecture that will be allowed and staled that ten percent of a given property would be landscaped. We want to create a Rodeo Drive look along Highway 361 and Park Road 22. We want to see decorative entrs~vays and good areas for pedestrian access. One solution for business owners is parking credits. We will allow boat storage subject to screening requirements. Ms. Bailey showed a graphic of the concept. She stated they wanted to have parking in right-of- ways as well as State right-of-ways, but need the State to agree to it. The plan creates a walking environment The color pallet includes soft, pastel colors, nothing bold. There is an architect on City staff who will determine if it meets regulations. Ms. Bailey went through the changes that were made line by tine. On page three, a minimum of six (6) wide sidewalks are required adjacent to public rights-of way. Vice Chairman Mims asked if we had meetings with TX DOT. Ms. Bailey stated that there had been brief meetings. Commissioner Richter asked if staff talked about a bike path in the right-of-way. Ms. Bailey stated that they had and they intended the path to be multi-mobile. Another change was on page four; dumpster and other trash containers m~d collection areas must be screened by a masonry wall, at least 6' in height, with a finish similar to that of the building. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 Vice Chairman Mims asked if the landscaping requirements were on a point system. Ms Bailey stated that the point system was taken out of the Overlay District except for along the main road. On page 14, staffclarified that an applieaut can choose any color on the pallet. Staffalso did away with the review committee, so there will not be an additional layer of bureaucracy. Ms. Bailey stated that the public and staffhad worked very hard on this and that she canre in at the end. She recommended approval of the Island Overlay District Commissioner Richter mentioned that tile document still stated PIDRC. Ms. Bailey stated that it would be removed. Vice Chairman Mims opened the public hearing and asked for everyone who wanted to colnment to come forward. Mr. Kyle Garrison, representing Paul Schexnailder, read a letter from Mr. Schexnailder in opposition to file Overlay as it is currently written. Mr. Sche:'mailder apologized for not being able to attend the meeting. This is the most important document the city will craft in defining the history of Padre Island. When the city voted in favor in Packery Channel and borrowed the funds to raise the causeway, they expressed desire for resorts on the Island. The Planning Commission and City Council passed the Area Development Plan, which required first class developlnent. The Overlay will be the guide to achieve the standards called for in the ADP. The Overlay document is the first step to in implementing the desires of citizens to the Commission and to City Council. Mr. Schexnailder believes the use acceptance of vinyl siding is in conflict with the ADP. This issue is not about cost, but about the quality image we want to achieve. The Island cae be tile best destination ou the coast. He requested the Overlay be modified to exclude vinyl and if the Commission can not resolve the issue, be forwarded to City Council to their consideration and deliberation. He provided plans from Cooper Robinson for the resort area and the new streetscapes for the PUD Il. Mr. Tony Brady, President of the Builders Association thanked City staff for taking additional time to allow the Association to review the documeut. After many ~neetiugs there was a constructive outcome from the Builders Association, the Ad Hoc Committee and City staff. This document is the spirit of the island. It is a workable document mid it -,viii be economically feasible to build on the Island. He asked for the Commissioners approval. Mr. Jeff Fraum, President of the Business Association, gave a brief history of the committee He stated that $10,000 was invested to get going. Tile document we started with had a more constrained pallet. It was expanded to include coastal architecture. Taxes were a big issue. He stated that if we're paying resort level taxes, the Island should Icx~k like a resort, lfyou choose to use vinyl, do it as a PUD. lie wanted this to conclude fast as possible. Mr. Richard Pittman, 14335 Caribe, is President of the Padre Island Property Owners Association. He stated that the board concurs with the Overlay District and wanted to act on it. They are opposed to including vinyl siding in the document. It is not concurrent with the Island look. Mr. Ro Wickan~ 13729 Eaglenest is Chairman of the Ad Hoc Committee. He stated that if these ~neetings go on much longer, we will have to meet at Thnity Towers. He reminded everyone that the Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 Mustaug Island ADP was passed by the Planning Commission and City council. He read the Mission Statement of the plan which states that the goal of the plan is to transform the area into a world-renowued tourist, resort and residential community, and that the City encouraged the highest development standards with the area to create a unique "sense of place". We can all feel confident in passing the overlay. Tbe mission statement should say it all. Mr. Wickam stated that the vinyl siding should be removed Ms. Sheila Litstew urged that the document pass with no vinyl allowed. Mr. Jerry Choyke, 15321 Carienga Court, also referred to the already adopted ADP's mission statement. He stated that high quality construction should be utilized. He stated that the surveys taken had a huge response and the majority of citizens wanted higher quality. Mr. Alex Harris, 2138 Highway 286, wants vinyl included in the document. He and his partner had done over 9 million dollars of recent construction on the island and used vinyl. He stated that it is not an economic issue; the issue is the coastal look. Vinyl can be power washed. He showed pictures of vinyl sided homes that appeared to be high quality. He showed another photo in which the entire subdivision is vinyl. He talked about how far vinyl products have come. He had used 42 thickness vinyls that would withstand 160 mph winds. Vinyl is easy to clean and maintain. Hardy board can look bad in just a few years. He stated that in the document, self-closing hinges on dumpsters needed to be looked at. Mr. Joe Savara, owner of Phara's, stated that except for Snoopy's, he was the oldest lm~downer on the lslm~d. His fa~nily had been a part of the development on Newport Beach. He stated that other areas on the Island have higher standards and the people had something to do, we have nothing. We have no infrastructure. Aquarius is not connected. He stated that the City has no stake in this except to have taxes pay for it. The only Padre lsland future is Paul Schexnailder. Prices on properties are saturated and need to be controlled. Mr. Dale Pittman, 15702 Pahn Arrow, stated that he sent a letter to City Council when this process started. His conceru has been progress. Corridors on A and B lots had no infrastructure. Ile had addressed this with the Engineering staff. There was no sewer or water and you can not get a perufit without sexver. There were unfinished streets. They had made due with what was there. Need city staffon board to complete the infrastructure in the Aquarius area. More restrictions will hinder development in that area. Access to properties need to be addressed ou B lots. Mr. CliffZarsky, 5205 Wooldridge, former City Councilman, was pleased with the document. He stated that he was surprised that a little thing like vinyl is the issue. He stated that he had been a builder for over 40 years and hated viuyl at one time, but the chemical industry has come a long wa3'. He stated that he had built coodominiums using vinyl and the residents were very pleased. Mr. John Trice 13705 Cashimar stated that he was in favor and that this raises the bar. We need to do our best job in development. There is no prohibition in the plan for larger than life objects. He is concerned that there will be more sharks, etc. He stated that we should eliminate wall signage, Jt was abused. Glass storefronts fronts xvere also not addressed. He thought monumental signage was good. He would like to see one chosen and used consistently. Also, signs fixed to buildings needs to be address for conformity He stated that there is no tax incentive to bring people into d/strict. There needs to be regulated migration into the district. Ms. Doris Jenson Dainer, 13725 Eagles Nest, encouraged the Commission to move forward witla the plan. She does not support vinyl. Five to ten minutes of a hailstorm destroyed two sides of her vinyl Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 sided home. Gene Guernsey, 6~33 Tarafaya, stated that he was in the real estate business and had made over 300 sales since 1995. He stated that he had seen a lot of products used over the years. He has seen multi family structures built with stucco and stated that there were problems with maintaining it. ffit isn't power washed, it is an eyesore. It also can have high maintenance costs that are charged to association dues. Vinyl today is superior to what is used to be. He started an inceutive and gives a power washer to any buyer that purchases a home with vinyl siding. Mr. Gary Kurtz, Chaim~an of Architect Control, staled that they elilninated vinyl years ago. If you build with vinyl, you will have vinyl. Ms. Barbara Bells stated that she would like to see signage addressed. The public hearing was closed. Ms. Bailey stated that if we bave come down to the issue being vinyl siding, we have come a long way. Commissioner Salazar asked ifstaffhad looked at wind code requirements for signage. Ms. Bailey stated that it was not addressed in this document. It was in the building codes. Commissioner Salazar stated that he agrees with the builders regarding the quality of construction materials. It makes a difference due to conditions on the Island. Materials should be used that will last. Commissioner Richter stated tbat it seems that most of the exterior finishes discussed all have merit and one was not necessarily better thm~ the other. Vinyl has its place in coastal environment, mainly fi3r maintenance reasons Fake stucco can easily be punched in and looks bad if not maintained. Real stucco has a umch better quality, lfvinyl is used correctly, it has its applications and could be used. Commissioner Amsler stated some people think that quality has to do with a look (style) and price. It has more to do with how the product is built in the first place. He agreed that quality products should be used in building. He felt that it was import and dose not have a place in this document. It has more to do with City building codes. He stated that maybe the City should look at additic~xal some additional things. With the 160 mph wind codes, anything built will be built to high quality standards in terms of the construction. Commissioner Amsler also had concerns with signs and larger than life objects. Ms. Bailey read the definition of a sign in the Overlay District and addressed larger than life objects. She stated that it is similar to our current definition, which she used to deny the shark That case is going to the Board of Adjustments. She stated that they had strengthened storefront glass regulations. Commissioner Amsler asked if staffwas prepared to enforce that. Ms Bailey stated that we have two architects on our staff that are trained in that type of matter. Ms. Bailey stated that we started out with 19 pages of sign regulations and it was too cumbersome. We made progress in that area while we go toward a City wide sign ordinance amendment. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 Commissioner Amsler stated that vinyl today is much better that just a few years ago The appearance of vinyl in years will be far better than stucco if il is not built with the Efta system. Hi is n favor of leaving io vinyl. Commissioner Pusley suggested we simply put verbiage in the document that says no larger thm~ life objects. He agreed with Mr. Trice that they are usually tasteless. Ms. Bailey stated that it would be an easy clarification to make. Commissiouer Pusley stated that he was undecided ou the vinyl issue. He stated that it maybe should be in the building code department. He has seen good and bad looking vinyl. He is also concerned that if it is allowed, viuyl is all we would have. He stated that be appreciated staff's hard work. The issue was tabled once and it paid off Staff had an opportunity to work out the issues. Stone commended staff, builders, and coinmittees on the job they had done. He stated we should get this voted on and moved up to City Council. He felt the vinyl issue ,,vas more of a quality issue and should be included in building codes. Commissioner Smith stated that it appears all in zoning is negotiated and compromised. It is not a perfect document but it isvery good. This is good for the Island and Corpus Christi. We may need to revisit tbe vinyl issne. He stated that he bad respect for his colleagues and their opinions, and that vinyl is just not what we really want for the lsland. We can argue the merits of constructiou material and can argue with eloquence about what Islanders want and do not want. There is a real objectiou to vinyl for commercial uses on Padre Island. It is not an issue of quality, durability, price or quality;, it is an issue of the Io~,k we want to see. The majority of thc Planning Commission is inclined to include vinyl. Commissioner Smith made a motion to recommend approval of the Overlay District with the exception that vinyl siding be excluded. Commissioner Puslcy seconded the motiou to eliminate vinyl as stated in the docnment. Commissioner Stone asked for discussion and stated that that this issue is not so much for us to decide but for City Council to make the final decision. If we take it out now, Couucil will not discuss it. ;le preferred to leave it mid let them make the final decisiou. Conunissioner Salazar stated that it looked like the vinyl siding issue was supported by the majority and should be included. Commissioner Pnsley agreed with Commissioner Stone and stated that what tbe Planning Commission takes out, City Council ean put back in. We are not the final authority on this. Vice Chaimlan Mitns asked the Commissioners who wanted to take vinyl out and who wanted to leave it in. Thc majority wanted to leave it in. A motion was made by Commissioner Stone for approval of the Overlay district as recommended. Commissioner Smith asked, if approved could we authorize a City staffmemo to City Council to give special consideration to vinyl siding and ha',e broad spectrum of the disagreement on the merits and demerits. Vice Chairman Minis stated that tile Commission would let City Council make tbat decision. Island Overlay District Text Amendment City Council Public Hearing August 10, 2004 The motion was seconded by Commissioner Sala?ar and passed unani~nously. 35 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: August 17, 2004) Case No.: 0604-05, Mal~eHan Terminal Holdines, L. P.: A change of zoning from a "B-3" Business District on Tract 1 and "I-2" Light Industrial Dis~ct on Tract 2 to an "I-3" Heavy Industrial Dis~ct. The property is 78.38 acres out of the Webb Tract, Lots 7, 8, 9, 21, and 22, located west of Buddy Lawrence Drive and Poth Lane and north ofI. H. 37 and Tribble Street. Planning Commission and Staff's Recommendation (06/30/04): Approval. Requested Council Action: Approval of the "I-3" Heavy Industrial District on Tracts 1 and 2 and adoption of the attached ordinance. Purl~ose of Request: To bring the existing legal nonconforming aboveground fuel tanks into conformity and to allow for the placement of three (3) additional petroleum storage tanks. Summary: Applicant requesting a change of zoning from "B-Y' Business Dislnct on Tract 1 and "I-2" Light Industrial Dis~ct on Tract 2 to "I-3" Heavy Industrial District on Tracts 1 and 2. The request is to bring the existing legal nonconforming aboveground fuel tanlc~ into conformity and to allow for the placement of three (3) additional petroleum storage tanks. · The subject property consists of 78.38 acres with access along Poth Lane, a collector. A total of 40 existing storage tanks are located on the subject property. Three (3) additional non- pressUriZed tanka axe proposed along the northeasterly section of the property and will have a capacity of 170,000 barrels each with a tank height of 48 feet. Such tanlcs will be approximately 2,200 feet from I.H. 37. Petroleum storage tanks are permitted in the "I-3" Heavy Industrial District and are classified as objectionable uses requiring Board of Adjustment approval. The proposed three (3) additional tanks are subject to Board of Adjustment action, platting and building permit requirements. A policy statement within the Port/Airport/Violet Area Development Plan recommends that new heavy industrial uses/zoning shall be no closer than 1,000 feet fi-om I.H. 37 right--of-way in order to protect the City's primary emergency evacuation routes. The subject property is located an average of 1,10O feet from I.H. 37. November 1995 the subject property was located outside of the city limits and was included within Industrial District No. 1. The Industrial Disa'ict agreement expired December 1995 and the property was annexed and zoned a "B-3" District and "I-2" District December 1995. The current zoning classifications were applied to the subject property in order to prevent the expansion of petroleum storage tanks and residential development until surrounding existing residential uses were removed. To date, residential uses have been removed in proximity to the subject property. · The "I-3" Heavy Industrial District is consistent with the future land use map. Agenda Memorandum August 17, 2004 Case No. 0604-05 (Magellan Terminal Holdings, L. P.) Page 2 Aoolicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of thc seven (7) notices mailed to thc surrounding property owncrs, none were returned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunning, AICP Assistant Director of Development Ser~ri~:es MNG/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~P LN-DIR~ERM A\WORD~A G ENDMEM~2O~4X~6O4-05 AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0604-05 Planning Commission Hearing Date: June 30, 2004 Applicant: Magellan Terminals Holdings, L.P. Owner: Same as applicant Agent: Chris Nalley, Project Manager Legal Description/Location: Being 78.38 acres out of the Webb Tract, Lots 7, 8, 9, 21 and 22, located west of Buddy Lawrence Drive and Poth Land and north of I.H. 37 and Tribble S~-eet. From: "B-3" Business Dislxict - Tract 1 and "I-2" Light Industrial Dislrict - Tract 2 To: "1-3" Heavy Industrial District-Tracts 1 and 2 Area: 78.38 acres Purpose of Request: To bring the existing legal non-conforming above ground fuel tanks into conformity and to allow for the placement of three (3) additional pel~'oleum storage tanks, Zoning Existing Land Use Future Land Use Site "B-3" Business District and Above ground pclxolcum Heavy Industrial "I-2" Light Industrial District storage tanEs North Out of City Limits (OCL) Above ground petroleum Heavy Industrial storage tanks South "B-3" Business Distr/ct Above ground petroleum Heavy Industrial storage tanks East "R-lB" One-family Dwelling Above ground pe~'oleum Heavy Industrial District, "R-2" Multiple- storage tanks and vacant Dwelling District and Out of lots City Limits (OCL) West Out of City Limits (OCL) Above ground petxoleum Heavy Industrial storage tanks Zoning Report Case No. 0604-05 (Magellan Terminal Holdings, L.P.) Page 2 Area Development Plan: PorlYAirportfgiolet - The requested "I-3" Dislrict is consistent with the future land use map. Map No.: KI4B Zoning Violations: None Applicant requesting a change of zoning from "B-3" Business District on Tract 1 and "I-2" Light Industrial District on Tract 2 to "I-3" Heavy Industrial Disl~ict on Tracts I and 2. The request is to bring the existing legal non-conforming above ground fuel tanks into conformity and to allow for the placement of three (3) additional petroleum storage tanks. The subject property consists of 78.38 acres with access along Poth Lane, a collector. A total of 40 existing storage tanks are located on the subject property. Three (3) additional non-pressurized tanks are proposed along the northeasterly section of the property and will have a capacity of 170,000 barrels each with a tank height of 48 feet. Such tanks will be approximately 2,200 feet from I.H. 37. Pea-oleurn storage tanks are permitted in the "I-3" Heavy Industrial District and are classified as objectionable uses requiring Board of Adjustment approval. The proposed three (3) additional tanks are subject to Board of Adjustment action, platting and building permit requirements. A policy statement within the Port/AirporffViolet Area Development Plan recommends that new heavy industrial uses/zoning shall be no closer than 1,000 feet fi.om I.H. 37 fight-of-way in order to protect the City's primary emergency evacuation routes. The subject properly is located an average of ],100 feet from I.H. 37. November 1995 the subject property was located outside of the city limits and was included within Industrial District No. 1. The Industrial District agreement expired December 1995 and the property was annexed and zoned a "B-3" District and ~'I-2" District December 1995. The current zoning classifications were applied to the subject property in order to prevent the expansion of petroleum storage tanks and residential development until surrounding existing residential uses were removed. To date, residential uses have been removed in proximity to the subject property. 3he "1-3" Heavy lndustr/al District is consistent with the future land use map. Street Type Paved Section Volume (2001) Poth Lane Collector Current 55' R.O.W. w/18' Not available paved section Tribble Sn-eet Rural local 18' paved section Not available Zoning Report Case No. 0604-05 (Magellan Terminals Holdings, L.P.) Page 3 Platting of the properly is required prior to the issuance of a building p~mfit for the placement of the three (3) additional tanks. The "1-3" District permits petroleum bulk storage as an objectionable use subject to approval by the Zoning Board of Adjustment. The proposed three (3) additional pelxoleum tanks require Zoning Board of Adjustment approval. The existing legal non-conforming petroleum storage tanks are not subject to Zoning Board of Adjustment action, but should be submitted for review by the o~vner with the three (3) additional petroleum storage tanks during that process. Approval of the "I-3" Heavy Industrial District on Tracts 1 and 2. Approval of the "I-3" Heavy Industrial Dislrict on Tracts I and 2. Number of Notices Mailed - 7 Favor - 0 Opposition - 0 (As of August 3, 2004) Attachments: Vicinity map Zoning map Site Plan SUBJxlECT PARCEL // rI' ;TATE 3; / OCL OCL OCL Z c'~ ri'l CD ITt B-3 NORTH MAGELLAN' MIDSTREAM PARTNERS, L,P. PROPOSED ZO~NG CHANGE CORPUS CHRISTI TERMIANAL NUECES COUNTY, Magellan Terminals Holdings, LP. EXHIBIT-02 Planning Commission Minutes June 30, 20~ 0604-05 - Magellan Terminal Holdings, L. P REQUEST: Change of zoning from "B-3" Business District on Tract I and "I-2" Light Industrial District on Tract 2 to "I-3" Heavy Industrial District, resulting in a land use change from commercial and light industrial to heavy industrial. Excerpts from Zoning Report Legal Description/Location: Being 7&38 acres out of the Webb Tract, Lots 7, 8, 9, 21 and22, located west of Buddy Lawrence Drive and Poth Land and north of l. H. 37 and Tribble Street. Purpose of Request: To bring the existing legal non-conforming above ground fuel tanks into conformity and to allow for the placement of three (3) additional petroleum storage tanks. Area Development Plan: Port/Airport/Violet - The requested "1-3" District is consistent with the future land use map. Staff Recommendation: Approval of the "1-3" Heavy Industrial District on Tracts I and 2. Ms. Faryce Goode-Macon, City Planner, provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there we-re seven notices mailed. None were received in favor or opposition. This property was zoned and annexed in December of 1995. It was not given industrial classifications at that time that would allow for above ground fuel tanks because residential properties still existed in the area. Commissioner Zamora asked if this was the Oak Park subdivision and if there were still residential dwellings in the area. Mrs. Goode-Macon stated that there is a halfway house and it was the only residential property in the area. Mr. Gunning stated that all residences were bought and moved and that Citgo ow'ned all of the property. Acting Chairman Richter asked what "B-3" included. Mrs. Goode-Macon stated that it is a business district that doesn't allow for single-multi family residential development or industrial development. When the property was annexed it was no longer a pan of the industrial agreement. This zoning was placed on lhe property until the residential uses could be removed and no additional homes would be built. Commissioner Pusley asked for explanation of thc follow/rig department comment: The "I-3" District permits petroleum bulk storage as an objectionable use subject to approval by the Zoning Board of Adjustment. The proposed three (3) additional petroleum tanks require Zoning Board of Adjustment approval. The existing legal non-conformmg petroleum storage tanks are not subject to Zoning Board of Adjustment action, but should be submitted for review by the owner with the three (3) additional petroleum storage tanks during that process. Planning Commission Minutes June 30, 2004 Case No. 0604-05 (Magellan Terminal Holdings, L. P.) Page 2 Ms. Goode-Macon explained that the tanks are legal non-conforming because neither the "B-3" District or the "1-2" Dislrict allows for above ground fuel tanks. The City annexed that area in 1995 and therefore; created the uses non-conforming. Since the uses are non-conforming the City considers it legal because it was there prior to annexation and therefore the Board of Adjustments action is not required. Staff does encourage Magellan Terminal Holdings to bring their whole property into compliance through the Board of Adjustments. Acting Chairman Richter opened the public hearing. Mr. Chris Alley, 9830 East 119th Place, Bisbe, OK, came forward with a graphic of the area to answer any questions. He stated that his company wanted to build three additional tanks. This fits tn with the current area uses and should have no impact. No one appeared to be in favor or opposition. Public hearing was closed. Motion was made by Salazar and seconded by Zamora to recommend approval as submitted. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MAGELLAN TERMINAL HOLDINGS, L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO WEBB TRACT, BEING 78.38 ACRES OUT OF LOTS 7, 8, 9, 21, AND 22, FROM "B-3" BUSINESS DISTRICT - TRACT 1 AND "1-2" LIGHT INDUSTRIAL DISTRICT - TRACT 2 TO "1.-3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its repods and recommendations concerning the application of Magellan Terminal Holdings, UP. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, June 30, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 17, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Webb Tract, being 78.39 acres out of Lots 7, 8, 9, 21, and 22, located west of Buddy Lawrence Ddve and Poth Lane and nor[h of I. H. 37 and Tribble Street, from "B-3" Business District - Tract I and "1-2" Light Industrial Distdct - Tract 2 to "1-3' Heavy Industrial District, as shown on the attached Exhibit. (Map K14B/69-03/049046) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas. is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~LEG- DIR",J OS E PFI~.O NIN G-04~:~4-05REG U LAR, DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsfl as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at Iwo regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17~ day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED JosephH n~ey Assistant City Attomey For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~JOSEPH~.ONINGA34~604-O5REG ULAR.DOC Page 3 of 3 Corpus Chdsti, Texas __ day of ,2004 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, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~OSEPI%ZONING-O4~0004-05REGULAR.DOC C~u~nt)~ 're,od (D.R.H.C.~,), qnq mQ~ ~ dw~t)ed by rr~c~ ~cl b~ncb a~ Tmmr= ' ~ ~ 31'2'4.'00' E, cm~ doflg ~ ~ ~ of Path Lm14, 4a c~wtln~q~ c~' t8-00 ~tEIq~r~_dq~ · n~ t~nglnt ~ t~-U]2 left. 1~3~tn~ =' r~dl~ Qf 2914~3 fw~,_ op ~mludld mEIm MAGELLAN' MIDBTREAM PARTNER~:~ L.P. PR~PO~D ZO~N(] CHANO~. CORPUS CHRISTI TERMIANAL NUECE8 COUNTY, Magellan Terminals Holdings, LP. EXHIBIT - 02 ,...~-~. AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 17, 2004) Case No.: 0604-07, Valero Relining - Texas L P.: A change of zoning from a "B4" General Business Dislrict to an "I-3" Heavy Industrial District. The property is a 0.38 acre out of the Kaler Addition, Share 2A, west V2 of Lot 6, located 140 feet north of Up River Road and east of Kaler Drive. Planninl~ Commission and StafFs Recommendation (06/30/04): Approval. Requested Council Action: Approval of the "I-3" Heavy Industrial District and adoption of the attached ordinance. Purl~ose of Request: Parking area for refining office and laboratory area. Summary: The applicant has requested a change of zoning from a "B-4" General Business District to an "I- 3" Heavy Industrial District, for the extension of a proposed refuting parldng area on 0.38 acres. The parking area will serve the proposed Valero Refining Headquarters and the proposed laboratory office. In December 2003, the 11.89 acre area surrounding the subject property was rezoned to an "1-3" Heavy Industrial District for the refmingAaboratory uses. Rezoning the remaining portion o1' the proposed refining area to an "1-3" Heavy Industrial Dislrict w/Il prov/de for consistent zoning in the area and allow the future use to make modifications as needed without a zoning change. · Approval of the "I-3' District is consistent with the future land use map for the area. A101fficant's Position: The applicant concurs with Planning Commission and Staff's recoLmnendation. Notification: Of the five (5) notices mailed to the sm-rounding property owners, none wexe returned in favor or in opposition. The 20% rule is not Invoked. This case Is considered noncontroversial~ Michael N. Gunning, AICP Assistant Director of Development Se~wices MNG/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~P LN-DIR~ERM A\WORD~AGENDM EM~0~4\0604 -07A GEN DAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0604-07 Planning Commission Hearing Date: June 30, 2004 ~1 ~= Applicant: Valero Refining-Texas L.P. .' Owner: Same as applicant · Agent: Bass & Welsh Eng/neering ~ Legal Description/Location: Being 0.38 acre out of Kaler Addition, Share 2A, west Y2 of Lot 6, ~ e~ located 140 feet north of Up River Road and east of Kaler Drive. From: "B-4" General Business District To: "1-3" Heavy Industrial District Area: 0.38 acres ( 16,847 square feet) Purpose of Request: Parking area for refining office and laboratory area. Zoning Existing Land Use Future Land Use Site "B-4" General Business Church "I-3'Tleavy Industrial District District North "I-3" Heavy Industrial Vacant "I-3" Heavy Indus~al District DisWict South "I-3" Heavy Indus~ial Vacant "I-3" Heavy Industrial District District East "I-3" Heavy Induslrial Vacant "I-3" Heavy Industrial District District West "I-3" Heavy Industrial Vacant "1-3" Heavy Industrial Dislrict District Area Development Plan: PorffAirport/Violet - The Port/Airport/Violet Area Development ...... ' t' t Plan recommends the subject property develop as tndustnal. The proposed I-3 D~s nc is consistent with the plan. Map No.: K14A Zoning Violations: None Zoning Repo~ Case No. 0604-07 (Valero Refining- Texas L P.) Page 2 The applicant has requested a change of zoning from a "Bo4" General Business District to an "1-3" Heavy Industrial District, for the extension of a proposed refining parking area on 0.38 acres. The parking area will serve the proposed Valero Refining Headquartem and the proposed laboratory office. In December 2003, the 11.89 acre area surrounding the subject property was rezoned to an "I-3" Heavy Industrial District for the refining/laboratory uses. Rezoning the remaining portion of the proposed refining area to an "1-3" Light Industrial District will provide for consistent zoning in the area and allow the future use to make modifications as needed without a zoning change. Approval of the "I-3" District is consistent with the future land use map for the area. Street Type Paved Section Volume (2001) Kaler Drive Rural Local 40' ROW paved section Not Avail. (Planned 50' ROW) Up River Road Rural Arterial 50' ROW paved section. Not Avail. (Planned 120' ROW) The property is platted and replattmg is not required. Valero Refining Company recently acquired the subject property for incorporation with the adjoining properties for their proposed development. Approval of the "1-3" Heavy Indus~ial District Zoning Report Case No. 0604-07 (Valero Refining Texas L. P ) Page 3 Approval of the "1-3" Heavy Industrial Dis~ict. Number of Notices Mailed - 5 Favor - 0 Opposition - 0 (As of August 3, 2004) Attachments: Vicinity map Notice map H:~P LN-DIR~ERM A\WO RD~ZON RP TS~004~6044)7 CCREPORTDOC III I' SI,UBJE,C'T PARCEL NORTH SUBJECT PARCEL OCL ,I-21SP : OCL NORTH Planning comrmssion Minutes June 30, 2004 0604-07 - Valero Relining - Texas L. P. REQUEST: Change of zoning from "B-4" Gcneral Business District to "I-3" Heavy Industrial Distich, resulting in a land usc change from commercial to heavy indus~al: Excerpts from Zoning Report Legal De~cription/£ocation: Being 0.38 acre out of Kaler `4dditton, Share 2,4, west ~ of Lot 6, located 140feet north of Up River Road and east of Kaler Drive. Purpose of Request: ParMng area for refining office and laboratory area. ,4rea Development Plan: Port/`4irport/Violet - The Port/,4irport/Violet ,4rea Development Plan recommends the subject property develop as industrial. The proposed "I-3" District is consistent with the plan. Staff Recommendation: ,4pproval of the "1-3" Heavy Industrial District Ms. Goodc-Macon provided graphics of the subject property and thc surrounding area. The zoning report and ape recording are on file. She stated that there were five notices mailed. None were received in favor or in opposition. Acting Chau-rnan Richter opened the public hearing. No one appeared to be in favor or opposihon. Public hearing was closed. Motion was made by Pusley and seconded by Salazar to recommend approval as submitted. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VALERO REFINING - TEXAS L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO KALER ADDITION, BEING 0.38 ACRE OUT OF SHARE 2A, WEST 1/2 OF LOT 6, FROM "B-.4" GENERAL BUSINESS DISTRICT TO "1-3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Valero Refining - Texas L.P. for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 30, 2000, during a meeting of the Planning Commission, and on Tuesday, August 17, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Kaler Addition, being 0.38 acre out of Share ?_A, west ~ ol~ Lot 6, located 140 feet north of Up River Road and east of Kaler Drive, from "B-4" General Business District to "1-3" Heavy Industrial District, as shown on the attached Exhibit. (Map K14A/0049046/049005) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:%EG-DIR~IOSEPH~.ONING-04\0~O4~7REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 17~h day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED A-,j,,., 'f" ~ Joseph Ha~yy ~' '~- Assistant City Attorney For City Attomey 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti H:~_EG-DIF~JOSEPPAZONING-O4~0604-07REGULAR.DOC Page 3 of 3 Corpus Chdsti, Texas __ day of ,2004 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, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~.EG-DIRUOS EPH~ZONING-O4\0604-07REGULAR.DOC BASS & WELSH ENGINEE:RING June 16, 2004 FIELD NOTE DESCRIPTION Being a Iract situated in Coq~us Christi, Nueces County, Texas; generally described as t~ west haft of Lot 6, F.H_ Kaler Partition as shov~ on the map thereof re<z:m:led in Volume 9 et Page 68 of the Map Records o~ Nueces County, Texas and being more particularly describ~l by metes arid bounds as RYlows. BEGINNING at a 1 rnch iron pipe Iound at bhe southwest comer of Lo( 6 for the southwest comer of Ihls tract .reEl point lying in the east right-of-way ~e ot Kaler Drive; Thence N10~29'24"E along the ,=~ fight-of-way Ilee of Kaler Drive and the wes~ne of Lot 6 a distance of 90.89 feet to a 5/8 inch iron ~ found for the northwest corner o[ Lo~ 6, and [he nol-tJwv~ come~ Of this tract; Thence S79'28'20'E along the northline of Lot 6, a distance of 167.60 feet. to e 5/8 Inch iron rod found for the norlheas{ comer of this ~ Thence S7'52'31'W accoss Lot 6, a distance o! 109_14 feel to a 5/8 inch Iron rod [ound in the soufldlne of LO( 6, for the southeast comer of this tra~ Thence N 73"28'36'W along the couthline of Lot 6, a distance of 173.54 feel to the POINT OF BEGINNING forming a tract embracing 16,978 90 square feet (0 39 acres). Note: Beatings are State o[ Texas, Lambert Grid, South Zone, NAD lg27 EXHi IT I~ zC.~F'D. $/8' 1.1~ s7g'28'20"E I:l:: ~ F.H. LOT 5 F_H_ KALER PARTITION VOL. 9. PG. 58. M.R.N_C-T. FD. 5/8' LR.--...,C) 167.60' ~' LOT 6A WEST 1/2 LOT 6 ~.~-.,. KAL. ER PARTmON KALER PARTITION ~ Area = 16978.90 Sq.Ft. ~---~-~~ Area = 0.39 Acres ~.p. ~.~ LOT 60 '- F.H. KALER PARTITION N73'28'36'hlV FO. S/~' LOT 6 n~. ~/6' ~.~. F,H. ~R P~ON ~'~ VOL 9, PC. 58, M_R.N_C.T. LOT 5 F.H. ~R P~mON VO~ 9, PG. 58, M.R.N.C.T. ~:~ss ~ Welsh Enginee/"/ng 3054 sa,..~omeda SI.. Corpus ChriS, J, Tx. 78404 (3~) Sa2--S52~ (.,~',o.~) .~,~._ (..'.'561) 882--1265 (fax] PROPO$1ED REZONIN WEST 1/2 LOT 6 ~ F.H. KALER PARTITION ~ No: O~3 ~' 1"~' ~te: ~-1~ ~w~g No: WI/2 LOT6 ~o t~c~' 1:~ 37 CITY COUNCIL AGENDA MEMORANDUM SUBJECT: Bond 2004 Propositions for November 2, 2004 Election AGENDA ITEM: Discussion and consideration of Bond Propositions for November 2, 2004 Election. ISSUE: Staff will present package options for Bond Issue 2004. City Council shall advise staff of the Bond Propositions to be included in the Ordinance calling the November 2, 2004 Election. RECOMMENDATION: as requested above. City Council provide guidance to staff MarydKay ~Fischer City Attorney Bond Issue 2004 board and public meetings will continue through Monday, August 16, 2004. Further information with regard to the Bond Issue will be provided to Council under separate cover on Monday evening. Additional material will include meeting results and public comment received via the intemet site. 38 CITY COUNCIL AGENDA MEMORANDUM SUBJECT: Permanent Ad Valorem Tax Freeze Proposition for November 2, 2004 Election AGENDA ITEM: Discussion and consideration of Permanent Ad Valorem Tax Freeze Proposition for November 2, 2004 Election. ISSUE: Staffwill present City Council draft ballot language for Proposition for permanent ad valorem tax freeze on residence homesteads of elderly or disabled persons. RECOMMENDATION: as requested above. City Council provide guidance to staff Mary~Kay ~Fischer City Attorney 39 CITY COUNCIL AGENDA MEMORANDUM Date: August 17, 2004 AGENDAITEM: Motion adopting the Homeless Plan on Ending Chronic Homelessness in Corpus Christi, a seven-year strategic action plan which is part of the City's Community Planning and Development Program. ISSUE: Adopting a plan for implementation purposes requires City Council action and approval. REQUIRED COUNCIL ACTION: Adopting the Homeless Plan on Ending Chronic Homelessness in Corpus Christi in seven years for Community Planning and Development (CPD) Programs. PRIOR: On April 13, 2004, the City Council authorized the City Manager or his designee to amend the FY03 Consolidated Annual Action Plan to include the development of a Homeless Plan for the City of Corpus Chdsti, and authorized the City Manager or his designee to execute an agreement with J. Quad and Associates for developing a Homeless Plan for the City of Corpus Christi. RECOMMENDATION: Staff recommends that the City Council adopt the Homeless Plan on Ending Chronic Homelessness in Corpus Christi for CPD Programs. ADDITIONAL SUPPORT MATERIAL Background Information ~E~ Executive Summary BACKGROUND INFORMATION On April 13, 2004, the City Council authorized the City Manager or his designee to amend the F'Y03 Consolidated Annual Action Plan to include the development of a Homeless Plan for the City of Corpus Chdsti, and authorized the City Manager or his designee to execute an agreement with J. Quad and Associates for developing a Homeless Plan for the City of Corpus Christi. Attached is an executive summary of the strategic plan on ending chronic homelessness in Corpus Christi in seven years. This plan details goals, action steps and tJmelines for various agencies to either provide or improve in the way we provide services to the homeless population in Corpus Christi. All is contingent in the cooperation of Corpus Christi agencies to assist in the implementation of this strategic plan on ending chronic homelessness. A Strateoic Plan to End CHRONIC HOMELESSNESS CORPUS CHRISTI Taide of Centents Executive Summary .............................................................................. i 1. Introduction ...................................................................................... 1 1,1. Need for a Plan to End Chronic Homelessness .............................. 1 12. Definitions of homelessness ............................................................ 2 1.3. Nature of Chronic Homelessness ................................................... 3 [] Nature of Chronic Homelessness in U.S .................................. 3 [] Nature of Chronic Homelessness in Texas ............................... 4 [] Nature of Chronic Homelessness in Corpus Christi .................. 5 1.4. Reasons for Homelessness ........................................................... 10 1.5. Factors Contributing to Homelessness .......................................... 19 1.6. Cost of Homelessness ................................................................... 21 1.7. Steps Involved in Ending Chronic Homelessness .......................... 25 2. Planning Process ........................................................................... 30 2.1. Accomplishments .......................................................................... 30 2.2. Survey and Focus Group ............................................................... 33 3. Analysis of Chronic Homeless Services ...................................... 37 3.1. Chronic Homeless Services in Corpus Christi by Type of Service .37 3.2. Description of Chronic Homeless Services .................................... 39 3.3. Inventory of Emergency, Transitional Shelters and Permanent Supportive housing ....................................................................... 42 3.4. Gaps Analysis ............................................................................... 45 4, Recommendations and Action Steps ........................................... 46 According to the Stewart B. McKinney Homeless Assistance Act, a person is considered homeless who lacks a fixed, regular, and adequate night-time residence, or has a pdmary night-time residence that is a shelter, an institution, or a place not ordinarily used for sleeping. A chronically homelessness person, as defined by the Department of Housing and Urban Development, is an unaccompanied homeless individual with a disabling condition who had been either continuously homeless for more than one year or has had at least four episodes of homelessness in the past three years. According to the results of a survey conducted by National Survey of Homeless Assistance Providers and Clients (NSHAPC)in 1996, 68 percent of the homeless population in U.S. were men. Homeless clients were equal proportions of non-Hispanic whites and blacks. About half of the people who experienced homelessness over the course of a year were single adults and 38 percent of homeless clients had less than high school education. According to the results of a survey conducted by the Texas Interagency Council for the Homeless in 1999, the number of homeless in Texas was estimated to be about 200,000 people (1% of the total population). About 15 percent reported being homeless five years or longer (chronically homeless). Fifty-nine percent of the sample were single men, Whites made up 48 percent of the homeless population, with Hispanics at 26 percent, and African- Americans at 21 percent. Of the homeless respondents, 46 percent had less than a high school education, 25 percent had received psychiatric treatment, and 28 percent had received substance abuse treatment. The cause of homelessness was reported to be unemployment by 19 percent of the homeless and 16 percent cited an inability to pay rent or a mortgage. Of the 260 homeless participants in a survey conducted by the Homeless issues Partnership of Corpus ChdstJ in 2003, neady 39 percent were homeless for more than one year (chronically homeless). Neady 67 percent of the homeless were single adults, 68 percent were White, neady 32 percent were Hispanic, and about 12 percent were African-American. Almost 80 percent of the homeless were unemployed and almost 67 percent had less than a high school education. About 23 percent of the homeless in the survey reported having a physical disability, over 22 percent had a mental disability, nearly 25 percent were alcohol abusers, and over 17 percent were drug abusers. Over 55 percent of the homeless in the survey reported needing for housing assistance, while 50 percent reported needing employment. Lack of Affordable Housing- Typically, lower income groups are much more likely to be financially burdened with their rent payments. According to 2000 Census, over 65 percent of those earning less than $10,000 per year paid more than 30 percent of their income on ii housing in Corpus ChdstJ. In the group earning $10,000 to $19,999 per year, more than 72 percent were in 30 percent cost burden. Of those eaming from $20,000 to $34,999 per year, over 31 percent of households paid a high percentage of their income for housing expenses. Insufficient Income- According to 2000 Census, over 12 percent of the households in Corpus Christi reported an income less than $10,000, neady 15 percent reported an income from $15,000 to $25,000, and over 13 percent reported an income be~een $25,000 and $35,000. As reported by 2000 Census, the unemployment rate in Corpus Chdsti was 7.19 percent. Inadequate Services. According to 2000 Census, there were neady 97,100 (35%) disabled people in Corpus ChristJ. Of them, over 23,560 persons had physical disability and neady 14,160 had mental disability. The 2000 Comprehensive Housing Affordability Strategy (CHAS) data reported that there were heady 2,740 very Iow-income eldedy renters and 3,760 eldedy owners in Corpus Chdsti. Lack of adequate services and trained staff, in shelters and supportive housing, force these individuals into institutions. Inadequate Discharge Planning- According to 2000 U.S. Census, in Corpus Chdsti, 1,287 people were in correctional institutions, 1,702 were in nursing homes, and 14,156 were mentally disabled. According to the data provided by the Urban Institute, among the iii adults using homeless services, 31 percent reported a combination of mental health and substance abuse problems (alcohol and/or drugs) in 2003. According to the data provided by the Family Outreach Corpus Chdsti (FOCC), there were 1,261 confirmed cases of child abuse and neglect. A large percentage of this population, without an adequate housing or suppod, is likely to become homeless. Migration- In addition to native homeless persons, Corpus Chdsti witnesses a migration of homeless persons from northern cities dudng winter months. According to the results of the research conducted by the Center for Mental Health Policy and Services Research at University of Pennsylvania in 2001, the service reductions resulting from supportive housing were reported to save the public $12,145 annually, for each individual placed. About 95 percent of the cost reductions are associated with reductions in healthcare and shelter services. Step 1. Plan for Outcomes ~ Collect much better data at the local level and > Create a planning process that focuses on the outcome of ending chronic homelessness. Step 2. Close the Front Door ~' To end chronic homelessness, mainstream programs must prevent people from becoming homeless, iv > Discharge Planning should be improved, and > The flow of incentives should favor helping people with the most complex problems. Step 3. Open the Back Door > An adequate supply of appropriate housing should be developed and subsidized, ~. Quickly re-house homeless persons, and > Specifically address the needs of the chronically homeless, transitionally homeless, and episodically homeless. Step 4. Build the Infrastructure Increase the supply of affordable housing, Increase incomes to pay for basic needs, and Build appropriate services. Homeless Issues Partnership Inc. (HIP) is the local homeless coalition in Corpus Chdsti and Nueces County. HIP facilitates the Continuum of Care planning process. Corpus Christi recently passed a 1/8-cent sales tax, which is estimated to generate $500,000 for affordable housing developments for Iow-income residents. Over the last three years, Corpus Chdsti has added 183 affordable homes, 30 are under construction by the Corpus Christi Housing Authority, and 30 new homes were completed by the Nueces County Community Action Agency. Providers in the area have increased their transitional housing bed-capacity by 13 beds. HIP conducted a homeless survey involving 374 total participants in 2003. HIP and United Way of the Coastal Bend conducted a Focus group forum on June 10, 2003 involving more than 300 interested agencies, brainstorming on vadous topics including: emergency prevention, systems prevention, outreach, shorten homelessness, rapid re- housing, services, permanent housing, and income. An inventory of homeless service organizations in Corpus Christi is provided in Section 3. As reported in the 2003 Continuum of Care, there were a total of 523 beds in emergency shelters, 265 beds in transitional housing, and 90 beds in permanent supportive housing in Corpus Chdsti. There was an unmet need of 1,222 beds in 2003. ReemgmmtdaUm F, AeUen Steps Table (i), on the following pages, shows the summary of goals, action steps, implementation timeline, and the participating agencies. vi 1. Create and improve data en homatess IX~Ulaflon and sarVk~s. HIP, Uniled Way, Ca~ler Times HIP, United Way, Cal~' Times City of Corpus Chfisl~, HIP, United Way City of Coq3~s ChdstJ, HIP, and Nuenes County 2. Ealal~lsh Pmvenllo~ Programs lo slop hen~. Public in~l/~tiens, and p~blic sy~te~ns of ca~ k~ludi~J Jail, Police, hos~tats, sh~llem, foster care elc, ami HIP Public inalitullens, and pu~c systems of care and HiP Landlords, sheers, public Instilstiens, md public systems o~ c~'e Public servica ~'o~J~'~, instit~ons, systems of care, and HIP Curren[ shefem, HIP, United Way, so(iai sewice agendes, buildem, apadmenl managers 20O4 20~5 Co~duct polnFin-lime surveys Formulae a list of public service agencies ma~e that list available to community Measure the effectiveness of Ihe each homeless prcgrem Create a Homelessness Management Information System (HMIS) 2O06 Update dala every year Update directory every two years Jupdate every five years Maintenance of HMIS system 1 ®812 20,01 Identify the cerrenl practices used in discharging Devalopmen[ ol Discharge Plan and review of the p~an wfth Ihe indMdual IOngeing A notice to Ihe pimped ho~sing service provide' lo confirm the ancemrnodation for Ihe discharged individual Ongoing effod Monl[edng and evaluation of [he Implementath:~ of PosI-Discfla~e Plan Evaluate current practices of discharge every five years Enhandng coordinatien among Ihe emergency assislancu programs Combining err~'gency assialance wilh eilher bme limited or onge~ng case management lo reduce the Curt'ertl shefers, MHMR, Catho~ic Charilles, AA, Coundl on A & D, PDAP Mum risk of homelessness Use supportive housing lo provide for individuals who are resistaal [o Ongoing effod Cu~n[ shellers, AA, Council on A & D, PDAP ffeatmen/. Provide case management sup'l:~ for young femilies and ensure an adequate supply of Currenl shefers, HIP, md otha' sodal seance ager~;~es affon:lable housing for families with children Landlo~ a~d Tenants kss~dedo~, ~udtdal services Prevent evictions through a lendic~'dftenaat media~en pro,ram IOngeing effort lOnging effod IOngoing effod Ongcing effod Ongoincj effor~ Cur~nl Shellers, b~ih~rs, Imdlomls, md HIP 3. Pm~de o~tmach pro,rems to educ~e homdess people. HIP, United Way-Info Line, Spo~on Me~mede~, various sodal service agendes Curmnl shellers, AA, Coundl on A & D, PDAP HIP and vad~s social service agenc~ In~ving MHMR, AA, Counef on A & D, PDAP, Cat.dfc Charit~s~ ac 4, Decrease (he duration of homdessness, Cib/~ Builders' Assed~en, local centradors HIP, Spohn Mem~al, MHMR, AA, C~ndl on A & D, so(iai so. Ice age. des Current Shefem and City Provide d 100 additional beds Iransllional housing tor yoalh Survey and u~ate the gc~t ~vl~ ~[r~ to ~ns ~h subst~m a~se Io ~u~e [~m inlo I~ent p~rams ~gdng effod E~lsh su~ten~ a~ ff~t~nl s~em ~ s~ic I~ens, [o ~suflng ~u~e al~ ~d all~alg ~ 'o~n d~ ~1~ ~On~ng effod / 'Wrap arou~' ~i~ ~r~ing ~1 n~s ~ t~ dion1 ~n~ng effod ~m~ele 3ffi ~manenl sup~ive housing un~s Su~ey and u~e the goal / ~vl~ ~ ~ man~eof Io ~ st~l~ In ~a~[ housing ~n~ing ~d S~ a~ o~er hom~ ~ pmvi~m sh~ h~e ~ Io and In~nUve Io u~ pmvenlion ~ lOnging effod Table {I): Goals, Action Steps and Timeline Vii 5. Re-housing hornless perseas. 2004 20~5 Ouffeacfl lo landlords using skilled housing search staff Inceat~ves f(x landlords [o rani Io homeless households 2011 IEvatuate and modify in~tives r i ~ ,,~ Services to address ~ pcdolems aed aeaess to subsidies fo~ ~ ~ ~ ~ ~i~ house~dds Ongoing affor[ 6. Susleln the co~dl~ of persons and fam~rea i~aced In pefmanenl housing. . 2004 I 2005 2006 2007 2008 2009 2010 2011 Cooe~lnatlon with service providers Io ensure Ihat a homeless person's service needs are me[ afler Ihe C~]; ~ , ~.~_~ ~]. ~, - ~ · ' ac~m~tinlo pewnan~l housing IOngoing e~forl Ci~~ =~.~ ~!~ ~ ~ ~ ~ ~ h e Ciiy should conlinue to work lo expan, d Job oppo~ n~=.s Ongoing Cl~l~i~ ~ : :~ ;~ [~ thce'~Jves [o developers lo ,nclude affordable housing unlls Evaluale and Uedify C~ty; ~ B~]~'; :a"ld ~['~s~ ~;~ Cib/musl work lo expand the impact of Ihe federal funding available by increased levernging ol n~ : " ' ~[ : [mseaces Ongo~ngafforl CI[Y; B~iklels'./t.~so~R~l~d ~ ,;~ i~i ~-~;: ~'~; Deve~pem should be enceuraged lo conslruc[ of SRO housing Ongo~n1 effort 8.1mprove~heacceesibilityCshel~ersandtmin,hestafflnsheltemto I work ~th dis~t~, 20~4 9.1nereasethesupp!yofhouslngavallab~etoMHMRdlants. 2004 I 2005 I 2006 12007 1200812009 20101 2011 H~,,~ta~dr~, ... '~.] ~' ~.~. ,. ,,. ,.~': ~.~,~,~,,,]~'~ ~' ]J~. Work wflh MHMR and andord to deiermlne requiremenls Ior reopening [adlil City~ ~ MI"~, ~_.~.;,~,~ :~.~;~ Idenlify funding eflj:x:,dung~es Io suppor[ MHMR housing program Ongoing effod ..... , I 12® 1200,120 J ,oJ 2o. A ~d~ ~!~i ~~ ,S~.'~~~ F Offe~ work support programs such as job skills Ira~nlng, d~ildca~e, he~h c~re, I W~ ~e'~.~.;,.~ ~: ]~'-~'~ ., , . [and ~'anspedation Ongoing effod HII=, ~'~1~. :~,: ~.Adequate o~lreach and access to omploymant InlUaaves lO, going ' i ,. ~]] ~] j Eeaournge employers to star[ creative programs for Ihar omployeas including housing allowances and Va~§ {(~~ , ~Ommunlby Inves[merd Ongo ng dforl · ~ ~ ~ ...... -~ ~ ~ ....... C--.~¢~e'~,AdCl~l-~;;~'~~?r ¥ Develop job oppertunl[Jes for Ihe people v,q[h w~rk related d,sabllg~es, offe~ng some pio~'a's , , [ .. rfunrdes ]_~,~ssessment o1 acogsslbili[y of cermnt shellers and identify the [ . ~i~.baniers ~ people w~h dleabili~les In sccesslng Ihe ~rmnt shellers Evaluaid every Ihrs. e years IDevelop IUpdate and revise s[andards every five years standards and guidelines lor aceessibie ~ Medir~..atJoas Io [he curren[ shellers in o~'l[ormance with the acoesslb~llb/guidelines Ongoing ma~nlenance ~ ~ Training programs for new elaff ~ '~,~.~.~;:~.~ Coeduc[ Ira~n'ng prog ams 1o shelle s[aff Io work wi[h d'sablpe every yea Table (i): Goals, Action Steps and Timeline (Cont'd) viii 40 CITY COUNCIL AGENDA MEMORANDUM Date: August 17, 2004 AGENDA ITEM: a) Motion to amend the FY2003 and FY2004 Consolidated Annual Action Plan to add and implement the Amedcan Dream Downpayment Initiative (ADDI) by increasing HOME Program funds by $76,154 and $89,864 respectively for the homebuyer assistance program. b) Ordinance appropriating $166,018 in the Federal/State Grant Fund No. 1059 for the FY2003 and FY2004 Home Investment Partnership (HOME) Program. ISSUE: Amending an approved Consolidated Annual Action Plan (CAAP) with HOME Program funds requires City Council action and approval. REQUIRED COUNCIL ACTION: Amend the FY2003 and FY2004 CAAP to add and implement the American Dream Downpayment Initiative (ADDI) by increasing HOME Program funds. PRIOR: On May 20. 2003, the City Council adopted its F'Y2003 CAAP for Community Planning and Development Programs (025309). On April 27, 2004, the City Council adopted its FY2004 CAAP for Community Planning and Development Programs (025738). FUTURE COUNCIL ACTION: Acceptance of U.S. Department and Urban Development (HUD) funds for the CAAP and subsequent appropriation of the funds for the FY2004 Program. RECOMMENDATION: Staff recommends that the City Council amend the FY2003 CAAP and FY2004 CAAP. FUNDING: HOME Program , cting Director ADDITIONAL SUPPORT MATERIAL Background Information x BACKGROUNDINFORMATION On May 20, 2003, the City Council adopted its FY2003 Annual Action Plan for Community Planning and Development Programs that included $1,862,562 for the HOME Program (025309). On April 27, 2004, the City Council adopted its FY2004 Annual Action Plan for Community Planning and Development Programs that included $1,848,127 for the HOME Program (025738). On December 16. 2003, the U.S. Department of Housing and Urban Development (HUD) enacted into law a new program (ADDI) to increase homeownership for Iow-income first time home buyers. The household must meet Section 8 income guidelines, adjusted for family size, as established by HUD. A household income means the total income of all persons occupying a housing unit permanently. Homebuyers must be first time homebuyers. A first time homebuyer is defined as a homebuyer who has not owned a home within the last three years, and must occupy the property as their principal residence. The ADDI Program will provide first time homebuyers $5,000 for closing costs and down payment assistance. AN ORDINANCE APPROPRIATING A GRANT OF $166,018 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE COMMUNITY DEVELOPMENT BLOCK GRANT NO. 1059 FOR THE FY20(I;3 AND FY20(14 HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION '1. A grant, in the amount of $166,018, from the U. S. Department of Housing and Urban Development is appropriated in the Community Development Block Grant No. 1059 for the F'Y2003 and F'Y2004 Home Investment Partnership (HOME) Program. The amounts for FY2003 and FY2004 are $76,154 and $89,864, respectively. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2604. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ior the City ^ttomey Samuel L. Neal, Jr. Mayor H:~.EC.~DIR~el[zab~[h'~e~ FIles'~H Ordlnanc~s~Hordl51.doc Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency 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 , - ~ CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: Date: August 17, 2004 An ordinance enacting Article III of Chapter 13 of the Code of Ordinances to establish identification, registration, and enforcement process related to vacant building. ISSUE: Vacant buildings are an attraction to vagrants, gang members, and criminals that pose a threat to the public health, safety, and welfare of the City. PRIOR COUNCIL ACTION: On April 13, 2004, staff provided City Council with a presentation regarding the proposed vacant building ordinance. On May 25, 2004, the first reading was tabled to June 15, 2004. On June 15, 2004, the first reading was tabled to July 27, 2004. On July 27, 2004 the first reading was tabled to August 17, 2004. REQUIRED COUNCIL ACTION: City Council action is required for the authorization and implementation of an ordinance, Article III Section 13. FUTURE COUNCIL ACTION: Second reading and final adoption of the vacant building ordinance. FUNDING: No funding requirements. RECOMMENDATION: Staff recommends the approval and adoption of the vacant building ~onathan Wagner, NSI~ Acting Director ADDITIONAL SUPPORT MATERIAL Background Information BACKGROUNDINFORMATION The purpose of the proposed ordinance is to 1 ) determine the responsibilities of owners or vacant buildings, and 2) provide for administration, enforcement, and penalties. The first objective of this ordinance is to ensure compliance with wdtten standards. As an alternative to enforcement through the filing of charges, the City will require a registration requesting basic information. This will allow the owner to present a plan and timetable for returning the building to an appropriate use or demolish the vacant building. The ordinance will require the owner to clean the vacant building and to secure or board up in accordance with the "board up" specifications of the ordinance. If the board up fails to keep the building secure, the owner must install a fence around the building. If boarding, fencing, using electronic monitoring systems, or other methods fail to secure the building, the owner must have a watchman on duty at certain times until the building is either legally occupied or demolished. The City may assess a re-inspection fee of $100 against the owner for each re-inspection for continuous monitoring to ensure compliance. The City Council will receive a list of current and previous vacant buildings every six months. If a violation is found, this will allow the City, to serve the owner with verbal or written notice and an order to abate, if the owner fails to abate the violation within the period stated in the notice, the City may, without fudher notice, abate the violation, and make the owner liable for any costs incurred by the City, including administrative expenses, materials, and labor, if the owner fails to pay when invoiced, the City will file a lien on the property for expenses incurred. The owner may submit an appeal of any decision to the Administrator. A violation of the ordinance is punishable by a fine up to $2,000, and any person convicted of a subsequent violation of the ordinance may be fined not less than $500 nor more than $2,OOO. At present, no compliance mechanisms that specifically address commercial vacant buildings have been established. AN ORDINANCE AMENDING CHAPTER '13, CODE OF ORDINANCES, BY ADDING A NEW ARTICLE III RELATING TO VACANT BUILDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 13, Code of Ordinances, is amended by adding a new Article Ill to read as follows: "ARTICLE II1. VACANT BUILDINGS "Sec. '13-3001. Declaration of policy. "(a) The City Council finds and declares that: "(1) Buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. "(2) Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. "(3) Buildings that are vacant and unsecured are a blight and cause deterioration and instability in neighborhoods. "(4) Buildings that are vacant and unsecured pose serious threats to the public's health and safety. "(5) Abatement and rehabilitation of poorly maintained vacant buildings is necessary. "(6) Vacant and unsecured buiJdings are declared to be public nuisances. "(b) The purpose of this Article is to protect the public health, safety, and welfare of the city. "(c) This Article: "(1) Determines the responsibilities of owners of vacant buildings. "(2) Provides for administration, enforcement, and penalties. Vacant Bldg Oral Rvd 081204.doc 2 "Sec. 13-3002. Definitions. "Unless otherwise expressly stated, the following words, terms, and phrases, when used in this Article, have the meanings ascdbed to them in this section, unless the context of their usage clearly indicates a different meaning: "Administrator means the City's Zoning and Code Enforcement Administrator, or the Administrator's designees. "Board when used as a verb means to cover an opening with lumber or panel of wood or other material. "Boarded building means a building on which any opening to the outside is covered with lumber or panels of wood or other material. The term does not include a building secured by normal measures. "Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy, and includes an enclosed building, open building, and partially open building as defined in §1609.2, City of Corpus Christi Building Code. "Dangerous building means a building which is potentially hazardous to persons or property, including, but not limited to: "a. A building that is in danger of partial or complete collapse. "b. A building with any extedor pads that are loose or in danger of falling. "c. A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. "Owner means the owner of record in the county where the real property is situated; anyone identified as the owner on a vacant building plan and timetable form; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and .several obligation for compliance with the provisions of this Article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this Article, "Properly maintained" means taking measures to: "(1) Prevent the physical deterioration of the building. Vacan[ Bldg Oral Rvd 081204,doc 3 "(2) Prevent a decline in the appearance of the building. "(3) Keep a building in a clean, safe, secure, and sanitary condition. "(4) Prevent the building from becoming an attractive nuisance. "Property maintenance ordinance includes, but is not limited to, the following Code of Ordinances provisions: Article II, Chapter 13. {Building & Housing Standards Code} "(2) Articles II, VI, VII, VIII, and IX, Chapter 14. ~echnical Construction Codes, Excavations, Regulation of Fill Materials, Control of Aeolian Soils, and Control of Sotid Waste at Construction Sites} "(3) Article I, Chapter 18. {Fire Prevention Code} "(4) Articles II, V, and VII, Chapter 21. (Collection Services, Business or Commercial Establishments, and Control of Refuse} "(5) Article III, Chapter 23. {Unhealthful & Dangerous Conditions} "(6) Article VI. Chapter 33. {Graffiti control} "(7) Division 1, Article I, Chapter 49. {Relates to maintenance and duties related to streets, sidewalks, and street fights-of-way} "(8) Articles XVI and XVII, Chapter 55. {Prohibition on Pollution of the Municipal Separate Sewer System (MS4) and Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors} "Secure means to take measures to ensure that the interior of the building cannot be accessed by: "(1) Unauthod7ed persons without the use of tools or ladders. "(2) Birds and other animals through broken windows or other openings in the structure. "Secured by normal measures means the use of structural components of a building, including fixtures, such as doors, unbroken windows, locks, latches, electronic security systems, storm shutters, secudty shutters, and gdlls or bars installed at window and door openings, which were installed while the building was constructed or added to the building while the building was occupied and being used for lawful purposes. Vacate[ B[dg Ocd Rvd 081204.doc "Secured by other than normal measures means a building secured by means other than those used in the design of a building or that are normally installed and utilized while a building is occupied and being used for lawful purposes. The term includes boarding any window or door opening. "Unoccupied means not being used for a lawful occupancy authorized by the Certificate of Occupancy issued by the City's Building Official. "Unsecured means open to entry by unauthorized persons. "Vacant building means a building or portion of a building that is any of the following: "a. Occupied by unauthorized persons and unsecured. "b. Occupied by unauthorized persons and condemned. "c. Unoccupied and unsecured. "d. Unoccupied and a dangerous building. "e. Unoccupied and condemned. "f. Unoccupied and has had two or more violations of property maintenance ordinances within the previous twelve month pedod. "g. Unoccupied for a period of time over three hundred sixty-five (365) days and during which time the Administrator has issued an order to correct any nuisance condition. "Sec. 13-3003. Enforcement authority. "(a) The Administrator administers this Article. "(b) The Administrator, the Administrator's designees, and other Code Enforcement Officials are authorized to enforce the provisions of this Article. "(c) The Administrator shall keep a file on all vacant buildings in the City. The file may include any property-specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of the vacant building. "Sec. 13-3004. Inspections. "(a) The Administrator may inspect any premises in the City for the purpose of enforcing and ensuring compliance with the provisions of this Article. Vacant B~dg Ord Rvd 081204.d~c 5 "(b) Upon the request of the Administrator, an owner shall provide access to all interior portions of a vacant building in order to permit a complete inspection. "Sec. 13-3005. Notice of vacant building. "(al Upon discovery of a vacant building by a Code Enforcement Official or receipt of a complaint about a vacant building, the Administrator may cause an inspection of the property in order to determine if the building should be classified as a vacant building. "(b) if the Administrator determines that a building or portion of a building may be classified as a vacant building under this Article, the Administrator shall: "(1) Attempt to contact the owner or an agent of the owner, identified by any sign posted on the property, by telephone or by electronic communication, such as by electronic mail or facsimile, and advise the owner or agent that it appears that the building is a vacant building and that the following measures need to be taken by the owner: "a. Take immediate measures to temporarily secure the building from unauthorized entry. "b. Take measures to secure the building by normal or other than normal means within 14 days. "(2) Mail a notice to the owner, with a copy to any agent identified by any sign posted on the property, that advises the owner that it appears that the building is a vacant building and that the following measures need to be taken by the owner: "a. Take immediate measures to temporarily secure the building from unauthorized entry. "b. Take measures to secure the building by normal or other than normal means within 14 days. "(3) Issue a citation or file a complaint in Municipal Court for any violations of this Article or other applicable provisions of the Code of Ordinances. "(c) The notice under subsection (b)(2) of this section must comply with the requirements of Section 54.005, Texas Local Government Code. "(d) If the owner fails to take immediate measures to temporarily secure the building from unauthorized entry, the City may, without further notice, abate the violation. The owner is liable for the costs incurred by the C~ to abate the violation, including any administrative expenses, materials, and labor. If the owner does not reimburse the City for its expenses when billed, the Administrator shall file a lien against the property for expenses incurred by the City. Vacanl Bldg Ord Rvd 081204.doc 6 "Sec. 13-3006. Optional vacant building plan and timetable. "(a) If the owner of a vacant building files a vacant building plan and timetable with the Administrator not later than seven (7) days after the owner receives verbal or written notice under Section 13-3005(b), the Administrator is authorized to: "(1) Suspend the processing of any citation or complaint for violation of this Article. "(2) Extend the period of time in which the owner of a vacant building must secure the building by other than temporary measures. "(b) The vacant building plan and timetable must be submitted on forms provided by the Administrator and include the following information supplied by the owner: "(1) A description of the premises. "(2) The names, addresses, and telephone numbers of all owners with a dght of control over the property. "(3) The names and addresses of all known lien-holders and all other parties with an ownership interest in the building. "(4) The name, address, and telephone number of the owner's property manager or agent, and whether the property manager or agent has the authority to independently act on the owner's behalf to repair or maintain the property. "(5) The period of time the building is expected to remain vacant. "(6) If the owner plans on returning the building to a lawful occupancy and use, the estimated date for returning the building to a lawful occupancy and use, "(7) If the owner plans on demolishing the building, the date the building is scheduled for demolition. "(8) If the owner plans on rehabilitating or renovating the building, the dates the building rehabilitation or renovation is scheduled to commence and be completed. "(9) If the owner plans on retaining the building for investment purposes, the measures that will be taken to try to reduce any adverse impact on the property values of adjacent property from the retention of the vacant building for investment purposes. "(10) A plan for regular maintenance of the building during the pedod of vacancy. Vacant Bldg Oft Rvd 081204.doc 7 "(11) Measures the owner will employ to secure the building to prevent access by trespassers. One of the following methods must be used to secure the building: "a. Installation and maintenance of adequate windows and doors. "b. Installation and maintenance of security shutters, grills, and bars for windows and doors. "c. Installation and maintenance of adequate locks for windows and doors. "d. Installation, operation, and monitoring of an electronic security system, which monitors windows and doors by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Department. "e. Installation of boards on windows and doors. "f. Installation of secudty fencing. "g. Employment of watchmen, who are licensed peace officers, public security officers, commissioned security officers, or non-commissioned security officers. "h. Any other method approved by the Administrator. "(12) Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or an agent of the owner with full authority to maintain and make repairs to the property on a weekly basis. "(13) Locations of the warning signs required by Sections 13-3009(b) and 13- 3011(b). "(14) Any reasonable related additional information required by the Administrator. "(c) The plan and timetable submitted by the owner must be approved by the Administrator, which approval may not be unreasonably withheld. The Administrator must approve or disapprove the plan and timetable within 10 working days of receipt from the owner. "(d) The Administrator may require completion of any modifications or alterations to the building that are required to secure the building within a reasonable period of time, up to three hundred sixty-five (365) days. "(e) Any repairs, improvements, or alterations to the vacant building or on the property must comply with all applicable City of Corpus Christi technical construction cedes. Vacant Bldg Oral Rvd 081204.doc 8 "(f) All other applicable laws, codes, and regulations must be complied with by the owner. "(g) The owner shall notify the Administrator of any changes in information supplied as part of the vacant building plan and timetable within thirty (30) days of the change. If the plan or timetable for the vacant building is amended in any way, the amendments must be approved by the Administrator. "(h) If, within fourteen days of the initial observation by a Code Enforcement Official, there is evidence that a broken window or door on a building whose owner has filed a a vacant building plan and timetable, which can be observed from a street or adjoining property, has not been repaired, or that high weeds or solid waste have accumulated on the property without corrective action, the Administrator may determine that the property is not being monitored and inspected by the owner, property manager, or an agent of the owner with full authorit3/to maintain and repair the property on a weekly basis. "(i) The authority of an agent to maintain and make repairs to property for the owner must be granted in writing through a contract or power of attomey. The contract or power of attorney must authorize the agent to receive and accept notices from the City on behaff of the owner. "(j) The Administrator may determine that a building whose owner has filed a vacant building plan and timetable or that has been the subject of an abatement action by the City under this section is no longer a vacant building, if: "(1) The owner has secured the building by the means specified in the vacant building plan and timetable approved by the Administrator. "(2) The Administrator has inspected the building and determined the building is: "a. Properly secured. "b. There is no solid waste within the building or on the premises. "c. All of the vegetation on the premises has been properly trimmed. "d. There is no graffiti on the inside or outside of the building. "e. There is no evidence or indication that the building has been occupied or entered by an unauthorized person within the prior 30 days. "Sec. 13-3007. Dut3/to clean vacant building and premises. "(a) The owner of a vacant building shall remove any solid waste from the intedor of the building. Vacant Blclg Ord Rvd 081204.doc 9 "(b) The owner of a vacant building shall remove any solid waste or high weeds and brush from the premises on which the vacant building is located_ "(c) The owner shall keep the premises on which the vacant building is located properly maintained until the building is returned to an authorized occupancy, demolished, or sold. "id) Failure of the owner to maintain the premises that results in abatement by the City is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. "Sec. 13-3008. Duty to secure vacant building. "ia) The owner of a vacant building shall lock or secure all doors, windows, and other openings to the vacant building. "(b) The owner shall keep a vacant building secured, safe, and propedy maintained. "(c) Failure of the owner to maintain a vacant building in a secured condition and that results in abatement by the City is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. "id) If securing a vacant building by normal measures fails to keep the vacant building secure, the owner must use other than normal measures to secure the building, including boarding the vacant building. "Sec. 13-3009. Standards for boarding a vacant building. "ia) Except as provided in subsection (c) of this section, if the owner is unable to secure a vacant building by normal means, the owner shall board the vacant building under the following specifications and requirements: "(1) All unsecured doorways, windows, or exterior openings must be barricaded with minimum 1/2 inch thickness exterior grade plywood that extends to the molding stops or studs. "(2) At least two wood stocks of minimum 2 inch by 4 inch thickness must be mounted to the reverse face of the plywood with minimum 3/8 inch cardage bolts mated with nuts and two fiat washers. "(3) The stock must extend a minimum of eight (8) inches on each side of the intedor wall. "(4) All hardware must be stainless steel, galvanized, or cadmium plated. "(5) All exterior materials used to board a vacant building must be painted black, the predominant color of the building or a color approved by the Administrator. Vacanl Bldg Ord Rvd 081204.d0c 10 "(b) The owner of a boarded vacant building shall post the premises. "(1) One or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. "(2) The signs must remain posted until the building is either lawfully occupied or demolished. "(3) The signs must contain the following infon'nation: "DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted." "(4) The lettering of the sign must be at least a 48 point font type size. "(c) Instead of boarding a building in the manner specified by subsection (a) of this section, the Administrator may allow the owner to secure the vacant building in a manner in which the Administrator determines adequately prevents unauthorized entry or vandalism. "Sec. 13-3010. Painting exterior panels on boarded buildings. "VVhen an owner of a vacant building boards up a building, the owner shall apply at least one coat of exterior paint to the exterior panels installed on all openings, windows, and doors. The coat of exterior paint must be black, the predominant color of the building, or a color approved by the Administrator. "Sec. 13-3011. Installing fence around the perimeter of buildings. "(a) If the boarding of a vacant building fails to keep the building effectively secured, the owner shall install a minimum eight-foot high chain link fence around the perimeter of the building. "(b) The owner of a fenced vacant building shall post the premises. "(1) One or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. "(2) The signs must remain posted until the building is either lawfully occupied or demolished. "(3) The signs must contain the following information: "DO NOT ENTER It is a misdemeanor to enter or occupy this building or Vacant Bldg Oral Rvd 081204.doc 11 premises or to remove or deface this notice. Trespassers will be prosecuted." "(4) The lettering of the sign must be at least a 48 point font type size. "Sec. 13-3012. Watchman required. "(a) If boarding, fencing, the use of electronic monitoring systems, or the use of other methods fails to keep unauthorized persons from entedng or occupying a vacant building, the owner shall have a watchman on duty upon the premises every day continuously between the hours of 4:00 p.m. and 8:00 a.m. "(b) The watchman must remain on duty daily during the required hours until the building is either legally occupied, demolished, or sold. "Sec. 13-3013. Duty to remove or repair. 'q'he owner of a vacant building shall promptly remove or repair any element of the building or a sign on the premises that is in a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. "Sec. 13-3014. Entry or interference with notice prohibited. "(a) No person may enter or occupy any building that has been posted under Sections 13-3009(b) or 13-3011 (b), except to repair or demolish the building under proper permit or for a purpose authorized by the owner, or as allowed under Section 13-3005(b). "(b) No person may remove or deface any notice that has been posted under Sections 13-3009(b) or 13-301 l(b) until the required repairs or demolition have been completed or a Certificate of Occupancy has been issued by the Building Official. "Sec. 13-3015. Reinapection fee. "(a) The Administrator may periodically reinspect vacant buildings to ensure compliance with the provisions of this Article. "(b) The Administrator may assess a reinspection fee of one hundred dollars ($100.00) against the owner of a vacant building for actual costs of each reinspection and continuous monitoring of the building as is reasonably necessary to determine compliance with the standards and procedures in this Article. "Sec. 13-3016. Notification. "Once every six (6) months the Administrator shall send to the City Council a list of all vacant buildings that have become known to the Administrator during the preceding six (6) months, as well as a list of all previously declared vacant buildings that are no longer subject to the provisions of this Article. Vacant Bldg Ord Rvd 081204.doc 12 "Sec. 13-3017. Notice and Order to Abate. "(a) Upon finding a violation of this Article, the Administrator shall serve a wdtten Notice and Order to Abate upon the owner. "(b) The notice must advise the owner of the violation and comply with the requirements of Section 54.004, Texas Local Government Code. "(c) If the owner fails to abate the violation within the pedod stated in the notice, the City may, without further notice, abate the violation. The owner is liable for the costs incurred by the City to abate the violation, including any administrative expenses, material, and labor_ If the owner does not reimburse the City for its expenses when billed, the Administrator shall file a lien against the property for the expenses incurred by the City. "(d) Should any nuisance not be abated at the expiration of time stated in the Notice and Order to Abate or within any additional time as the Administrator or City Manager may grant, the Administrator is authorized to enter upon the property and abate or cause the abatement of the nuisance found. "Sec, 13-3018. Abatement by City, "(a) In abating the nuisance, the Administrator may go to whatever extent may be necessary to complete the abatement of the nuisance and, should it be practicable to salvage any matedal derived in the abatement, the Administrator may sell the salvaged material at private or public sale at the best price obtainable and must keep an accounting of the proceeds from any sale. "(b) The proceeds, if any, obtained from the sale of the salvaged matedal must be deposited to the General Fund of the Cit7 and any deficit between the amount so received and the cost of the abatement may be levied as an assessment against the property in question by the City and collected as any other assessment by the City; however, any other alternative collection method may be utilized by the City to recoup the deficit. "(c) Should the proceeds of the sale of the salvaged material exceed the cost of abatement, the surplus, if any, shall be paid to the owner when a proper claim to the excess is established. "(d) In abating a nuisance, the Administrator may call upon any City department for whatever assistance the Administrator deems necessary or may by private contract cause the abatement of the nuisance. "(e) The Administrator shall, after completing the abatement, maintain a record of the costs incurred or expended by the City to abate the nuisance, including: Vacanl Bldg Ord Rvd 081204.doc 13 "(1) The costs of providing notice to the owner and lienholder, including time spent reseamhing the identity of the owner and lienholder, preparing the notice, postage, and publication costs. "(2) Personnel costs involved with inspecting the property. "(3) Personnel costs involved in abating the nuisance by City employees. "(4) Prorated costs of the use of any City vehicles used to inspect the property. "(5) Prorated costs of the use of any City vehicles or equipment used to abate the nuisance "(6) Costs of any materials or supplies purchased or furnished by City. "(7) An overhead charge of twenty-five percent (25%) of the total expenses incurred for administration for each abatement action. "(8) Costs of any contracted services, including the costs of materials, supplies, and labor provided by the City's contractor. "Sec. 13-30t9. Notice of costs incurred by City; appeal of charges. "(a) The Administrator shall mail a notice to the owner and lienholder of the property upon which the nuisance has been abated of the costs incurred or expended by the City to abate the nuisance, including any applicable overhead charges and surcharges under Sections 13-3018 or 13-3021. "(b) The notice must advise the owner and lienholder that the City proposes to assess its costs against the property and place a lien on the property to collect the costs incurred by the City. "(c) The notice must advise the owner and lienholder that any objections to the costs that will be assessed against the property must be made in writing and received by the Administrator within twenty (20) days from the date of mailing the notice. "(d) Upon the expiration of the twenty (20) day period, if no objections have been received by the Administrator, the Administrator shall file a lien against the property for the City's costs. "(e) If objections to the costs from the owner or lienholder are received by the Administrator prior to the expiration of the twenty (20) day period, the Administrator shall make a written determination whether the amount assessed should be upheld, modified, or canceled. "(f) A copy of this determination must be furnished to the person making the objections and include notice of the person's dght to appeal the determination to a headng officer, Vacant Bldg Ord Rvd 081204.doc 14 designated by the City Manager, within fourteen (14) days of the date the Administrator's determination is mailed to the owner or lienholder. "(g) Upon expiration of the fourteen (14) day pedod, if no appeal is received, the Administrator shall file a lien against the property for the City's costs. "(h) If a timely appeal is received by the Administrator, a hearing before the hearing officer must be scheduled and held on the matter. "(i) If, after the headng, the hearing officer determines that the proposed assessment, or any part of the assessment, is not propedy authorized by Section 13-3018(e), the headng officer shall so certify to the Administrator and the proposed assessment will be modified or canceled. "(j) If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the hearing officer shall so certify to the Administrator, who shall file a lien in the amount determined appropriate by the hearing officer. "(k) The determination of the hearing officer is a final administrative decision and is not appealable to the City Council. "(I) The Administrator, in administrative review, or the hearing officer, on appeal, may modify or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this Article: "(1) The notice to remove the nuisance. "(2) The work performed in abating the nuisance. "(3) The computation of charges. "(m) The Administrator, in administrative review, or the hearing officer, on appeal, may modify a proposed assessment by eliminating the surcharge if it is determined that the current owner was not in possession of the property at the time the notice required in Section 13-3006 was mailed. "(n) If, after a lien has been filed, there is a written request of an owner who alleges that the owner did not receive notice of the proposed assessment, the Administrator shall refer the matter for review to the headng officer. "(o) The lien may be released by the hearing officer if it is determined that the owner did not receive notice of the proposed assessment or of the nuisance abatement work constituting the basis of the lien; that the owner could not, in the exercise of reasonable care or diligence, have had the knowledge; and in addition, that the circumstances are such that a reduction or cancellation of the assessment would have been appropriate had the matter been reviewed under this section prior to assessment. Vacanl Btdg Ord Rvd 081204.doc 15 "(p) Upon receipt of a certification from the hearing officer, under subsection (o), the Administrator shall cancel or modify the lien if required by the determination of the headng officer. "Sec. 13-3020. Pereonal liability of owner. 'q'he person, who is the owner of the property at the time at which the notice required under Section 13-3017 of this Article is served, is personally liable for the amount of the all expenses incurred by the City. including any interest, overhead charges, and surcharges. "Sec. 13-3021. Ove~ead charge and surcharge. "(a) Whenever a nuisance is abated by the City, the Administrator shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) of the total expenses incurred for administration for each nuisance abated. "(b) When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years of the initial abatement of the nuisance on real property owned by the same person, a surcharge of fifty percent (50%), minimum of f'Cty dollars ($50), of the cost of abatement shall be added to the costs and overhead charge provided for in subsection (a). The surcharge is imposed without regard to whether the nuisances abated by the City are of the same character. "Sec. 13-3022. Continuous abatement authority. "(a) If a vacant building previously abated by the owner or the Administrator under a Notice and Order to Abate again becomes unsecured and open to unauthorized entry within one-year of the Notice and Order to Abate, and the Administrator has not been informed in wdting by the owner of an ownership change, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this Article, "(b) If the premises surrounding a vacant building previously abated by the owner or the Administrator under a Notice and Order to Abate again contain debris, rubbish, waste, or excessive vegetation within one-year of the Notice and Order to Abate, and the Administrator has not been informed in writing by the owner of an ownership change, the Administrator may, without further notice to the owner, proceed to abate the nuisance and recover costs as provided for in this Article. "Sec. 13-3023. Continuous public nuisances. "(a) A vacant building may be declared a continuous public nuisance by the Administrator if the building, which was secured by the owner following a Notice and Order to Abate or secured by the Administrator, continues to remain unsecured on a vacant Blclg Oral Rvd 081204.doc 16 periodic basis, and the Administrator is required to either issue additional Notice and Order to Abate to the owner or resecure the building through a City abatement action. "(b) The Administrator may seek demolition of a vacant building that is a continuous public nuisance by seeking a court order or following any of the administrative abatement procedures found in this chapter, which affords the owner due process, including notice and a hearing. "Sec. 13-3024. Appeal of Administrator's decisions and orders, A person may appeal any decision or order of the Administrator to the hearing officer. "Sec. 13-3025. Alternative procedures. Nothing in this Article may be deemed to abolish or impair existing authority or remedies of the City. "Sec. 13-3026. Penaltiee. "(a) Any person violating any provision of this Article, or providing false information to the Administrator, may be punished by a fine not to exceed $2,000. "(b) Any person convicted of a subsequent violation of this Article may be fined not less than $500 nor more than $2,000. "(c) Violations of this Article are treated as strict liability offenses. There is no need to prove that the person had an intent to violate this Article. "(d) Violations of this Article are violations of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse. "(e) Each day any violation of this Article continues constitutes a separate offense. "Sec. '13-3027 -- 13-4000. Reserved." Section 2. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance. Section 3. If, for any reason, 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, it will 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 of this ordinance be given full force and effect for its purpose. Section 4. Publication of this ordinance is to 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. Vacant Bldg Ord Rvd 081204 doc 17 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Corpus Chdsti, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 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 2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED this the ATTEST: __ day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor for the City Attorney Vacant Bldg Ord Rvd 081204 doc 42 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDAITEM: Neighborhood Initiative Program "NIP" progress report for FY2003-2004, the introduction of the Neighborhood Pride Program and the recommended NIP project sites for FY2004-2005. STAFF PRESENTER(S): Name Tltie/Position 1. Yvonne Morales Heag NIP Project Manager 2. John Houston Captain 3. Jeff Kaplan Director 4. Jonathan Wagner Acting Director 5. Angel Escobar Director Del~artment City Manager's Office Police/Directed Patrol Solid Waste & Street Services Neighborhood Services Engineering ISSUE: The Neighborhood Initiative Program 'NIP' recer~Jy completed five intensive service/ operational projects throughout the City. Working in partnership with the neighborhood residents, the NIP has made significant strides to achieve the City's goal for Livable Neighborhoods. A progress report will be presented to City Council detailing the accomplishments made during this first year of operation. To sustain the progress made dudng the NIP service/operational projects, a follow up effort, the Neighborhood Pride Program, has bccn developed and will be introduced to encourage, educate and empower residents to take the lead and ownership of their continued efforts for enhanced maintenance, safety, improvements and beautification In their neighborhoods. Five recommended Neighborhood Initiative Program project sites will be presented for the fiscal year 2004-2005. REQUIRED COUNCIL ACTION: No action necessary Neighborhood Initiative Program Improving the Quality of Life In Our Community, One Neighborhood et a Time The Neighborhood Inilfa#ve Program (NIP) is designed to enhance the quality of life for Corpus Ch~ neighborhood msiderrls through b~e concentrated delivery of services and programs provided by the City of Corpus Christi. Working in partnership with the neighborhood residents, the City's goal is to raise awareness of code and zoning otclinences, provfde informaUon on accessing ch'y sen/ices and promote clean and safe NIP FY2003-2004 Pro~ram Overview: The City of Corpus Chdsti recently completed five intensive service/operational Neig~ Initiative Program (NIP) projects throughout the City, Working in partnership with the naighbcx'hood residents, the NIP has made significant strides to achieve the City's goal for 'Livable Neigh~s'. The NIP has generated enthusiastic support and participation by the City's neighborhood residents. The program has produced phenomenal statistics with the collection of over 700 tons of trash, brush, heavy debris and tires; the cleaning of over 600 storm water inlets; replacement of over 1,100 street signs and poles; the maintenance of over 145 city streets; replacement, or upgrade of over 100 street lights; the mowing and cleadng of over 210 vacant or abandoned properties; the capture of 95 stray animals; the resolution of 124 traffic obstruction cases; the creation of Neighbors on Watch groups; and many other significant service results. The program was conducted in five designated neighborhoods which proved to be beneficial to over 2,500 households who were left with a cleaner and safer neighborhood. (A program overview detailing the progress by city department is attached). NIP Prolect Sites FY2003-2004 Site 1 11-O3-03 - 12-15-O3 Site 2 01-14-04 - 02-18-04 Site 3 02-23-04 - 03-29-04 Site 4 05-03-04 - 06-07-04 Site 5 06-10-04 - 07-12-O4 Staples/Crosstown Expressway/Agnes/Morgan Agnes / IH37 / Crosstown / Port Williams / Everhart / Holly / Staples Whitaker / Mc. Ardle / Rickey / Whitaker Flour Bluff Dr. I Jester / NAS property line / Greenbay/MatloctdStone City Resources: The City of Corpus Chdstl continues to realize the value of this cooperative initiative through the strategic planning and scheduling of our operational services organization wide. The NIP provided a new opportunity for vadous city departments to work more closely together, encouraging productive communications, and developing collaborative and more efficient service schedules. Particirmfinq Derm~ b,mnts "ACTIONTEAM": Police/Directed Patrol Engineering Fire Health/Animal Control Neighborhood Services/ Code Enforcement Park & Recreation Solid Waste Streets Storm Water Water Waste Water Environmental Programs Resident Pal'Ucil)ation: The NIP has bccn well received by the parlJcipating neighborhoods. Overall, the resident response has been positive with expressed appreciation for this concentrated and specialized program, and the opportunity to become better informed about city sen/ices, and establish personal contacts with city representatives. The NIP requires active resident participation in order for the operations to be remotely saccessful. Residents took full advantage of the clean up program by clearing out their proper'Ues and removing abandoned vehicles, addressing premise code violations, building stronger relationships with the Police Directed Patrol Officers, and making noticeable improvements for beautification. The improved communications between the residents and the city staff members in these participating neighborhoods has been enhanced with a better understanding of city services and code regulations. Neighborhood residents that were once intimidated to speak out with concerns regarding gang activity are now maintaining confident relationships with the police. Parks that were once empty now have children playing safely on new or restored playground equipment. Neighborhood Pride Pro=ram - NIP Sustainabilitv Efforts: "Make it Sparkle with Neighborhood Pride" Resident leadership in each NIP neighborhood continues to emerge and we anticipate an active sustainabllity pregrem for each area. The Neighbo(hood Pdde Program has been developed to provide coordination efforts and resources to encourage, educate and empowerthe residents of the NIP neighborhoods to better maintain and continuously improve the quality of life in lheir neighborhoods. Each Neighborhood Pdde Program will be tailored to address the unique issues, priorities and goals that the neighborhood will define and establish for themselves with the guidance end support of the NiP program. The Neighborhood Pdde Program is scheduled to be implemented over a 12-18 month time span allowing the various participating neighborhoods to work and progress at their ow~ pace. The Neighborhood Pride Program will begin in August 2004 with scheduled neighborhood meetings in all five completed NIP neighbod3oods, plus the pilot neighborhood of Chula Vista. NIP FY2004-2005 Site Selection: The City Council has demonstrated ~ support by giving direction to City staff to continue the NIP with the selection of the next five neighborhood sites for the fiscal year 2004-2005. Basic program funding is provided through the Municipal Solid Waste Services Service Charge (MSWSSC), Federal Community Development Block Grant funds (CDBG) and General Fund, Neighborhood Services Department. A selectJon committee made up of expert city representatives from the major participating departments will present five recommended neighborhood sites at the August 17, 2004 City Council Meeting. SELECTION COMMITI'EE: (1) Assistant City Manager, Development Services (2) Police Representatives (2) Solid Waste Representatives (2) Street Services Representatives (2) Code Enforcement Representatives (1) Project Manager, Neighborhood Initiative Program The co~'nmittee selected five geographical residential sites (approximately lO- block radius) throughout the City of Corpus Chdsti that merited enhanced city services. The selection process was comprised of both subjectJve discussions considering all a$'eas of criteda combined with a rating system that determined (by score/rate) the priodty and/or need for attention. Public Safety Crime/Public Safety data ~ statistics considered above operation / service average (family violence, gang activity, drug trafiictdng, traffic issues, auto theft, etc.) Code Enforcement Solid Waste/Litter Infrastructure A residential area with documented suspected criminal activity (prostitution, gang activity, drug trafficking, etc.) Code I Zoning Violations data or statistics considered above operation I service average (High wccds, vacant lots, vacant & substandard buildings, care of premise, junk cars, etc.) A residential area with repeat code / zoning violations. Solid Waste data or statistics considered above operation/service average (illegal dumping, improper set out, brush collectJon issues, bulky/debris collection issues, etc.) A residential area with aging/inadequate infrastructure with data to support the following issues: * Street lighting issues * Street signage issues * Street traffic signage issues * Street/Road condition issues * Storm Water I~ ' Traffic/walkway obstn~ctions The NIP has received much public attention through the media and from various neighborhood support groups throughout the city for its efforts and accomplishments. Support from the private sector is being offered through sponsorships and donations of incentive gifts, home improvement materials, corporate volunteer teams, and a vadety of in-kind and product support. The NIP FY2004-2005 is scheduled to begin September 2004. The NIP will continue to strive to fulfill its Mission to improve the living conditions of our community by furthering the efforts aimed at neighborhood revitalization while focusing on customer oriented services and feedback. "Take the Initiative and Take Pride in Your Neighborhoodl' ne Morales~ ~elnritiative Program 4 Neiphborhood Initiative Program 2003- 2004 Overview by Depa, .,¢nt Igrl'p I NIP II NIP III NIP IV NIP V Fl~-Blsff ~ ~1~ Board-ups/Re Bot~ls 29 E~dons 3 PAL teg~t~as Asz~ts 14 ~fi ~ 5 ~T ~ 1 2 P~ ~ ~2 ~ ~) DL~ 4 18 0 NOWp~ Trespass ~'.,..;..~s 9 RtMdential e,&,-.,- 6 3 101 25 10 5 3 2 5 1 4~ 2 5 3 16 0 0 0 101 23 3O 92 1 9 5 30 33 24 6 64 44 27 8 81 17 15 ~4 9 4 ~ 14 105 36 173 8 1 9 9 11 3 4 2~ 18 14 .~ 10 8 124 62 126 53 110 495 144 2 6 4* 2* 14 0 12 2 0 14 0 0 2 0 2 27 13 23 2 82 16 0 o 0 19 1 2 0 0 4 6 1 2 0 9 2 2 Hou~okh 10 Page 1 of 3 166 67 403 54 26 110 60 17 33 118 Ve~°n 11 Neighborhood Initiative Pro~m 2003- 2004 Overview bv Deoattment 19 10 6 10 95 5 5 3 2 28 2 2 4 4 1 1 1 3 1 2 10 0 2 1 2 15 6 5 2 125 1 2 10 6 5 1 1 2 10 10 6 10 2 75 284 1 2 1 2 10 10 15 $7 6 24 65 75 61 37 4 2 10 4 1 I 59 12 41 210 1 2 2 9 4 2 3 1.~ 3 17 I 1 2 1 1 P%-~e2 0£3 Ve'i~mll Neighborhood Initiative Prooram 2003- 2004 Overview bv Deoadment ln~lent~ of gmffitl 2 removed T~ns of tamalz/bmah and 97.37 Tom of tinm tzan~n~d 0.8~1 lqo. of fi~:~ ten~a~d T~s of o~m:~te 2 6.79 31.63 6.03 2 4 113.89 124.22 ?00.~7 39<3 33 60 93 21.09 285 117 166 22 40 630 Debris tx-moved f~m 33.4 9.4 3.8 0 2.3~ 4~98 i~ (To~) Disialao~ inlet covers 0 2 0 0 0 2 Dfi~ ,,.y/cul~pi[~ 0 0 0 0 9O 9O Ditr=l~s mow~i/~l~xl 0 3000 0 390 16,596 199~ 0~F.) Po tlmles ~ 21 75 3 1 1 101 S~et bloc~ ~ via 96 0 0 0 0 96 lhse faflu~s ~=p~ed 11 9 11 0 3 34 S~t ~ t~eW~l~-"d 3 9 0 5 13 30 8O 18 29 0 10 137 St~et bloclm lev~M u~ Stx~ t ~ se-.M 78 18 29 0 :20 145 G,~nni pn~of films 144 134 98 129 123 628 Stm~t b[oc~ of caxbs 96 18 29 0 0 143 ~ad gutten cleaned T~lfi~- & Street Nm 295 290 126 256 147 1114 Ne~ fl